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1995 SESSION
LD8597198Patrons--Davies, Abbitt, Grayson, Guest, Katzen, Van Yahres and Way; Senators: Houck and Miller, K.G.
Be it enacted by the General Assembly of Virginia:
1. That § 4.1-201 of the Code of Virginia is amended and reenacted as follows:
§ 4.1-201. Conduct not prohibited by this chapter; limitation.
A. This chapter shall not prohibit:
1. Any club licensed under this chapter from keeping for consumption by its members any alcoholic beverages lawfully acquired by such members, provided the alcoholic beverages are not sold, dispensed or given away in violation of this title.
2. Any person from having grain, fruit or fruit products and any other substance, when grown or lawfully produced by him, distilled by any distillery licensee, and selling the distilled alcoholic beverages to the Board or selling or shipping them to any person outside of the Commonwealth in accordance with Board regulations. However, no alcoholic beverages so distilled shall be withdrawn from the place where distilled except in accordance with Board regulations.
3. Any person licensed to manufacture and sell, or either, in the Commonwealth or elsewhere, alcoholic beverages other than wine or beer, from soliciting and taking orders from the Board for such alcoholic beverages.
4. The receipt by a person operating a licensed brewery of deliveries and shipments of beer in closed containers from other breweries owned by such person or the sale, delivery or shipment of such beer, in accordance with Board regulations to (i) persons licensed to sell beer at wholesale, (ii) persons licensed to sell beer at retail for the purpose of resale only as provided in subdivision B 4 of § 4.1-216, (iii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iv) persons outside the Commonwealth for resale outside the Commonwealth.
5. The granting of any retail license to a brewery or winery licensee, or to an applicant for such license, or to a lessee of such person, a wholly owned subsidiary of such person, or its lessee, provided the places of business or establishments for which the retail licenses are desired are located upon the premises occupied or to be occupied by such winery or brewery, or upon property of such person contiguous to such premises, or in a development contiguous to such premises owned and operated by such person or a wholly owned subsidiary.
6. The receipt by a distillery licensee of deliveries and shipments of
alcoholic beverages, other than wine and beer, in closed containers from
other distilleries owned by such licensee, or the sale, delivery or
shipment of such alcoholic beverages, in accordance with Board regulations,
to the Board and to persons outside the Commonwealth for resale outside the
Commonwealth.
7. The receipt by a winery licensee of deliveries and shipments of wine in closed containers from other wineries owned by such licensee, or the sale, delivery or shipment of such wine, in accordance with Board regulations, to persons licensed to sell wine at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth.
8. The receipt by a [ fruit distillery licensee or
winery licensee of deliveries and shipments of alcoholic beverages
made from fruit or fruit juices in closed containers from other fruit
distilleries owned by such licensee, or the sale, delivery or shipment of
such alcoholic beverages, in accordance with Board regulations, to persons
outside of the Commonwealth for resale outside of the Commonwealth of
spirits distilled from fruit or fruit juices only in closed containers from
distilleries to be used only for the fortification of wine produced by the
licensee in accordance with Board regulations ] .
B. No deliveries or shipments of alcoholic beverages to persons outside the Commonwealth for resale outside the Commonwealth shall be made into any state the laws of which prohibit the consignee from receiving or selling the same.