{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-201.html"}],"law_id":58089,"edition_id":1,"section_id":58089,"structure_id":13826,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","history":"Code 1950, \u00a7 4-89; 1954, c. 147; 1970, cc. 113, 541; 1972, cc. 75, 76; 1973, c. 413; 1975, c. 408; 1981, c. 410; 1984, c. 200; 1992, c. 349; 1993, c. 866; 1995, cc. 253, 317; 1997, c. 386; 2000, c. 786; 2003, c. 630; 2004, c. 379; 2006, cc. 106, 826; 2007, c. 820; 2011, c. 559; 2012, c. 376; 2013, c. 604; 2014, cc. 123, 455; 2015, cc. 404, 604; 2016, c. 26; 2018, c. 172; 2020, cc. 1113, 1114.","full_text":"A\n\nNothing in this subtitle or any Board regulation adopted pursuant thereto shall prohibit:1\n\nAny 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 subtitle.2\n\nAny 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 However, no alcoholic beverages so distilled shall be withdrawn from the place where distilled except in accordance with Board regulations.3\n\nAny person licensed to manufacture and sell, or either, in the Commonwealth or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\n\nThe receipt by a person operating a licensed brewery of deliveries and shipments of beer in closed containers 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\n\nThe granting of any retail license to a brewery, distillery, 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 distillery, 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\n\nThe receipt by a distillery licensee of deliveries and shipments of alcoholic beverages, other than wine and beer, in closed containers from other distilleries, 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\n\nThe receipt by a farm winery or winery licensee of deliveries and shipments of wine in closed containers from other wineries or farm wineries located inside or outside the Commonwealth, or the receipt by a winery licensee or farm winery licensee of deliveries and shipments of spirits distilled from fruit or fruit juices in closed containers from distilleries located inside or outside the Commonwealth to be used only for the fortification of wine produced by the licensee in accordance with Board regulations, 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\n\nAny farm winery or winery licensee from shipping or delivering its wine in closed containers to another farm winery or winery licensee for the purpose of additional bottling in accordance with Board regulations and the return of the wine so bottled to the manufacturing farm winery or winery licensee.9\n\nAny farm winery or winery licensee from selling and shipping or delivering its wine in closed containers to another farm winery or winery licensee, the wine so sold and shipped or delivered to be used by the receiving licensee in the manufacture of wine. Any wine received under this subsection shall be deemed an agricultural product produced in the Commonwealth for the purposes of § 4.1-219, to the extent it is produced from fresh fruits or agricultural products grown or produced in the Commonwealth. The selling licensee shall provide to the receiving licensee, and both shall maintain complete and accurate records of, the source of the fresh fruits or agricultural products used to produce the wine so transferred.10\n\nAny retail on-and-off-premises wine and beer licensee, his agent or employee, from giving a sample of wine or beer to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption, or any mixed beverage licensee, his agent or employee, from giving a sample of wine, beer, or spirits to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption. Samples of wine shall not exceed two ounces, samples of beer shall not exceed four ounces, and samples of spirits shall not exceed one-half ounce, unless served as a mixed beverage, in which case a sample of spirits may contain up to one and one-half ounces of spirits. No more than 12 ounces of beer, five ounces of wine, or three ounces of spirits shall be given to any person per day.11\n\nAny manufacturer, including any vendor authorized by any such manufacturer, whether or not licensed in the Commonwealth, from selling service items bearing alcoholic brand references to on-premises retail licensees or prohibit any such retail licensee from displaying the service items on the premises of his licensed establishment. Each such retail licensee purchasing such service items shall retain a copy of the evidence of his payment to the manufacturer or authorized vendor for a period of not less than two years from the date of each sale of the service items. As used in this subdivision, “service items” mean articles of tangible personal property normally used by the employees of on-premises retail licensees to serve alcoholic beverages to customers including, but not limited to, glasses, napkins, buckets, and coasters.12\n\nAny employee of an alcoholic beverage wholesaler or manufacturer, whether or not licensed in the Commonwealth, from distributing to retail licensees and their employees novelties and specialties, including wearing apparel, having a wholesale value of $10 or less and that bear alcoholic beverage advertising. Such items may be distributed to retail licensees in quantities equal to the number of employees of the retail establishment present at the time the items are delivered. Thereafter, such employees may wear or display the items on the licensed premises.13\n\nAny (i) retail on-premises wine and beer licensee, his agent or employee from offering for sale or selling for one price to any person to whom alcoholic beverages may be lawfully sold a flight of wines or beers consisting of samples of not more than five different wines or beers and (ii) mixed beverage licensee, his agent or employee from offering for sale or selling for one price to any person to whom alcoholic beverages may be lawfully sold a flight of distilled spirits consisting of samples of not more than five different spirits products.14\n\nAny restaurant licensed under this chapter from permitting the consumption of lawfully acquired wine, beer, or cider by bona fide customers on the premises in all areas and locations covered by the license, provided that (i) all such wine, beer, or cider shall have been acquired by the customer from a retailer licensed to sell such alcoholic beverages and (ii) no such wine, beer, or cider shall be brought onto the licensed premises by the customer except in sealed, nonresealable bottles or cans. The licensee may charge a corkage fee to such customer for the wine, beer, or cider so consumed; however, the licensee shall not charge any other fee to such customer.15\n\nAny winery, farm winery, wine importer, wine wholesaler, brewery, limited brewery, beer importer, beer wholesaler, or distiller licensee from providing to adult customers of licensed retail establishments information about wine, beer, or spirits being consumed on such premises.16\n\nAny private swim club operated by a duly organized nonprofit corporation or association from allowing members to bring lawfully acquired alcoholic beverages onto the premises of such club and consume such alcoholic beverages on the premises of such club.B\n\nNo 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.","order_by":null,"text":{"0":{"id":212816,"text":"Nothing in this subtitle or any Board regulation adopted pursuant thereto shall prohibit:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":212817,"text":"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 subtitle.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":212818,"text":"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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":212819,"text":"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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":212820,"text":"The receipt by a person operating a licensed brewery of deliveries and shipments of beer in closed containers 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.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":212821,"text":"The granting of any retail license to a brewery, distillery, 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 distillery, 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.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":212822,"text":"The receipt by a distillery licensee of deliveries and shipments of alcoholic beverages, other than wine and beer, in closed containers from other distilleries, 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.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":212823,"text":"The receipt by a farm winery or winery licensee of deliveries and shipments of wine in closed containers from other wineries or farm wineries located inside or outside the Commonwealth, or the receipt by a winery licensee or farm winery licensee of deliveries and shipments of spirits distilled from fruit or fruit juices in closed containers from distilleries located inside or outside the Commonwealth to be used only for the fortification of wine produced by the licensee in accordance with Board regulations, 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.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":212824,"text":"Any farm winery or winery licensee from shipping or delivering its wine in closed containers to another farm winery or winery licensee for the purpose of additional bottling in accordance with Board regulations and the return of the wine so bottled to the manufacturing farm winery or winery licensee.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":212825,"text":"Any farm winery or winery licensee from selling and shipping or delivering its wine in closed containers to another farm winery or winery licensee, the wine so sold and shipped or delivered to be used by the receiving licensee in the manufacture of wine. Any wine received under this subsection shall be deemed an agricultural product produced in the Commonwealth for the purposes of § 4.1-219, to the extent it is produced from fresh fruits or agricultural products grown or produced in the Commonwealth. The selling licensee shall provide to the receiving licensee, and both shall maintain complete and accurate records of, the source of the fresh fruits or agricultural products used to produce the wine so transferred.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":212826,"text":"Any retail on-and-off-premises wine and beer licensee, his agent or employee, from giving a sample of wine or beer to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption, or any mixed beverage licensee, his agent or employee, from giving a sample of wine, beer, or spirits to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption. Samples of wine shall not exceed two ounces, samples of beer shall not exceed four ounces, and samples of spirits shall not exceed one-half ounce, unless served as a mixed beverage, in which case a sample of spirits may contain up to one and one-half ounces of spirits. No more than 12 ounces of beer, five ounces of wine, or three ounces of spirits shall be given to any person per day.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":212827,"text":"Any manufacturer, including any vendor authorized by any such manufacturer, whether or not licensed in the Commonwealth, from selling service items bearing alcoholic brand references to on-premises retail licensees or prohibit any such retail licensee from displaying the service items on the premises of his licensed establishment. Each such retail licensee purchasing such service items shall retain a copy of the evidence of his payment to the manufacturer or authorized vendor for a period of not less than two years from the date of each sale of the service items. As used in this subdivision, “service items” mean articles of tangible personal property normally used by the employees of on-premises retail licensees to serve alcoholic beverages to customers including, but not limited to, glasses, napkins, buckets, and coasters.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":212828,"text":"Any employee of an alcoholic beverage wholesaler or manufacturer, whether or not licensed in the Commonwealth, from distributing to retail licensees and their employees novelties and specialties, including wearing apparel, having a wholesale value of $10 or less and that bear alcoholic beverage advertising. Such items may be distributed to retail licensees in quantities equal to the number of employees of the retail establishment present at the time the items are delivered. Thereafter, such employees may wear or display the items on the licensed premises.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":212829,"text":"Any (i) retail on-premises wine and beer licensee, his agent or employee from offering for sale or selling for one price to any person to whom alcoholic beverages may be lawfully sold a flight of wines or beers consisting of samples of not more than five different wines or beers and (ii) mixed beverage licensee, his agent or employee from offering for sale or selling for one price to any person to whom alcoholic beverages may be lawfully sold a flight of distilled spirits consisting of samples of not more than five different spirits products.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":212830,"text":"Any restaurant licensed under this chapter from permitting the consumption of lawfully acquired wine, beer, or cider by bona fide customers on the premises in all areas and locations covered by the license, provided that (i) all such wine, beer, or cider shall have been acquired by the customer from a retailer licensed to sell such alcoholic beverages and (ii) no such wine, beer, or cider shall be brought onto the licensed premises by the customer except in sealed, nonresealable bottles or cans. The licensee may charge a corkage fee to such customer for the wine, beer, or cider so consumed; however, the licensee shall not charge any other fee to such customer.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":212831,"text":"Any winery, farm winery, wine importer, wine wholesaler, brewery, limited brewery, beer importer, beer wholesaler, or distiller licensee from providing to adult customers of licensed retail establishments information about wine, beer, or spirits being consumed on such premises.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":212832,"text":"Any private swim club operated by a duly organized nonprofit corporation or association from allowing members to bring lawfully acquired alcoholic beverages onto the premises of such club and consume such alcoholic beverages on the premises of such club.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"B"},"17":{"id":212833,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A16"}},"ancestry":[{"id":13826,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13825,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":218793,"object_type":"structure","relational_id":13826,"identifier":"1","token":"4.1\/I\/2\/1","url":"\/4.1\/I\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13825,"edition_id":1,"name":"Administration of Licenses","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":218791,"object_type":"structure","relational_id":13825,"identifier":"2","token":"4.1\/I\/2","url":"\/4.1\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78528,"structure_id":13826,"section_number":"4.1-200","catch_line":"Exemptions from licensure","url":"\/4.1-200\/","token":"4.1\/I\/2\/1\/4.1-200","metadata":false},{"id":58089,"structure_id":13826,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","url":"\/4.1-201\/","token":"4.1\/I\/2\/1\/4.1-201","metadata":false},{"id":54841,"structure_id":13826,"section_number":"4.1-201.1","catch_line":"Conduct not prohibited by this subtitle; tastings conducted by manufacturers, wine or beer wholesalers, and authorized representatives","url":"\/4.1-201.1\/","token":"4.1\/I\/2\/1\/4.1-201.1","metadata":false},{"id":76885,"structure_id":13826,"section_number":"4.1-202","catch_line":"To whom privileges conferred by licenses extend; liability for violations of law","url":"\/4.1-202\/","token":"4.1\/I\/2\/1\/4.1-202","metadata":false},{"id":79036,"structure_id":13826,"section_number":"4.1-203","catch_line":"Separate license for each place of business; transfer or amendment; posting; expiration; carriers","url":"\/4.1-203\/","token":"4.1\/I\/2\/1\/4.1-203","metadata":false},{"id":57874,"structure_id":13826,"section_number":"4.1-203.1","catch_line":"Managers of licensed retail establishments","url":"\/4.1-203.1\/","token":"4.1\/I\/2\/1\/4.1-203.1","metadata":false},{"id":67486,"structure_id":13826,"section_number":"4.1-203.2","catch_line":"Retail licensee and employee training; human trafficking recognition and reporting","url":"\/4.1-203.2\/","token":"4.1\/I\/2\/1\/4.1-203.2","metadata":false},{"id":68539,"structure_id":13826,"section_number":"4.1-204","catch_line":"Records of licensees; inspection of records and places of business","url":"\/4.1-204\/","token":"4.1\/I\/2\/1\/4.1-204","metadata":false},{"id":65029,"structure_id":13826,"section_number":"4.1-205","catch_line":"Local licenses","url":"\/4.1-205\/","token":"4.1\/I\/2\/1\/4.1-205","metadata":false}],"previous_section":{"id":78528,"structure_id":13826,"section_number":"4.1-200","catch_line":"Exemptions from licensure","url":"\/4.1-200\/","token":"4.1\/I\/2\/1\/4.1-200","metadata":false},"next_section":{"id":54841,"structure_id":13826,"section_number":"4.1-201.1","catch_line":"Conduct not prohibited by this subtitle; tastings conducted by manufacturers, wine or beer wholesalers, and authorized representatives","url":"\/4.1-201.1\/","token":"4.1\/I\/2\/1\/4.1-201.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-201\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 24 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 147; in 1970, chapters 113 and 541; in 1972, chapters 75 and 76; in 1973, chapter 413; in 1975, chapter 408; in 1981, chapter 410; in 1984, chapter 200; in 1992, chapter 349; in 1993, chapter 866; in 1995, chapters 253<\/a> and 317<\/a>; in 1997, chapter 386<\/a>; in 2000, chapter 786<\/a>; in 2003, chapter 630<\/a>; in 2004, chapter 379<\/a>; in 2006, chapters 106<\/a> and 826<\/a>; in 2007, chapter 820<\/a>; in 2011, chapter 559<\/a>; in 2012, chapter 376<\/a>; in 2013, chapter 604<\/a>; in 2014, chapters 123<\/a> and 455<\/a>; in 2015, chapters 404<\/a> and 604<\/a>; in 2016, chapter 26<\/a>; in 2018, chapter 172<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>.<\/p>","references":[{"id":77346,"section_number":"4.1-119","catch_line":"Operation of government stores","order_by":null,"url":"\/4.1-119\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":82323,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","order_by":null,"url":"\/4.1-215\/"},{"id":68333,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","order_by":null,"url":"\/4.1-216\/"},{"id":61827,"section_number":"4.1-300","catch_line":"Illegal manufacture and bottling; penalty","order_by":null,"url":"\/4.1-300\/"},{"id":61106,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","order_by":null,"url":"\/4.1-325\/"},{"id":79256,"section_number":"4.1-325.2","catch_line":"Prohibited acts by employees of wine or beer licensees; penalty","order_by":null,"url":"\/4.1-325.2\/"},{"id":63921,"section_number":"4.1-326","catch_line":"Sale of; purchase for resale; wine or beer from a person without a license; penalty","order_by":null,"url":"\/4.1-326\/"}],"refers_to":[{"id":68333,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","order_by":null,"url":"\/4.1-216\/"},{"id":67187,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","order_by":null,"url":"\/4.1-219\/"}],"permalink":{"id":218799,"object_type":"law","relational_id":58089,"identifier":"4.1-201","token":"4.1\/I\/2\/1\/4.1-201","url":"\/4.1-201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-201\/","token":"4.1\/I\/2\/1\/4.1-201","dublin_core":{"Title":"Conduct not prohibited by this subtitle; limitation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Nothing in this subtitle or any Board<\/span> regulation adopted pursuant thereto shall prohibit: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any club<\/span> licensed<\/span> under this chapter from keeping for consumption by its members any alcoholic beverages<\/span> lawfully acquired by such members, provided the alcoholic beverages<\/span> are not sold, dispensed or given away in violation of this subtitle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span>, and selling the distilled alcoholic beverages<\/span> to the Board<\/span> or selling or shipping them to any person outside of the Commonwealth in accordance with Board<\/span> regulations. However, no alcoholic beverages<\/span> so distilled shall be withdrawn from the place where distilled except in accordance with Board<\/span> regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person licensed<\/span> to manufacture and sell<\/span>, or either, in the Commonwealth or elsewhere, alcoholic beverages<\/span> other than wine<\/span> or beer<\/span>, from soliciting and taking orders<\/span> from the Board<\/span> for such alcoholic beverages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The receipt by a person operating a licensed<\/span> brewery of deliveries and shipments of beer<\/span> in closed containers<\/span> or the sale<\/span>, delivery or shipment of such beer<\/span>, in accordance with Board<\/span> regulations to (i) persons licensed<\/span> to sell<\/span> beer<\/span> at wholesale, (ii) persons licensed<\/span> to sell<\/span> beer<\/span> at retail for the purpose of resale only as provided in subdivision B 4 of § 4.1-216<\/a>, (iii) owners of boats registered under the laws<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The granting of any retail license to a brewery, distillery, or winery licensee<\/span>, 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<\/span> for which the retail licenses are desired are located upon the premises occupied or to be occupied by such distillery, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The receipt by a distillery licensee<\/span> of deliveries and shipments of alcoholic beverages<\/span>, other than wine<\/span> and beer<\/span>, in closed containers<\/span> from other distilleries, or the sale<\/span>, delivery or shipment of such alcoholic beverages<\/span>, in accordance with Board<\/span> regulations, to the Board<\/span> and to persons outside the Commonwealth for resale outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The receipt by a farm winery<\/span> or winery licensee<\/span> of deliveries and shipments of wine<\/span> in closed containers<\/span> from other wineries or farm wineries located inside or outside the Commonwealth, or the receipt by a winery licensee<\/span> or farm winery<\/span> licensee<\/span> of deliveries and shipments of spirits<\/span> distilled from fruit or fruit juices in closed containers<\/span> from distilleries located inside or outside the Commonwealth to be used only for the fortification of wine<\/span> produced by the licensee<\/span> in accordance with Board<\/span> regulations, or the sale<\/span>, delivery or shipment of such wine<\/span>, in accordance with Board<\/span> regulations, to persons licensed<\/span> to sell<\/span> wine<\/span> at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any farm winery<\/span> or winery licensee<\/span> from shipping or delivering its wine<\/span> in closed containers<\/span> to another farm winery<\/span> or winery licensee<\/span> for the purpose of additional bottling in accordance with Board<\/span> regulations and the return of the wine<\/span> so bottled to the manufacturing farm winery<\/span> or winery licensee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any farm winery<\/span> or winery licensee<\/span> from selling and shipping or delivering its wine<\/span> in closed containers<\/span> to another farm winery<\/span> or winery licensee<\/span>, the wine<\/span> so sold and shipped or delivered to be used by the receiving licensee<\/span> in the manufacture of wine<\/span>. Any wine<\/span> received under this subsection shall be deemed an agricultural product produced in the Commonwealth for the purposes of § 4.1-219<\/a>, to the extent it is produced from fresh fruits or agricultural products grown or produced in the Commonwealth. The selling licensee<\/span> shall provide to the receiving licensee<\/span>, and both shall maintain complete and accurate records of, the source of the fresh fruits or agricultural products used to produce the wine<\/span> so transferred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any retail on-and-off-premises wine<\/span> and beer<\/span> licensee<\/span>, his agent or employee, from giving a sample of wine<\/span> or beer<\/span> to persons to whom alcoholic beverages<\/span> may be lawfully sold for on-premises consumption, or any mixed beverage<\/span> licensee<\/span>, his agent or employee, from giving a sample of wine<\/span>, beer<\/span>, or spirits<\/span> to persons to whom alcoholic beverages<\/span> may be lawfully sold for on-premises consumption. Samples of wine<\/span> shall not exceed two ounces, samples of beer<\/span> shall not exceed four ounces, and samples of spirits<\/span> shall not exceed one-half ounce, unless served as a mixed beverage<\/span>, in which case a sample of spirits<\/span> may contain up to one and one-half ounces of spirits<\/span>. No more than 12 ounces of beer<\/span>, five ounces of wine<\/span>, or three ounces of spirits<\/span> shall be given to any person per day. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any manufacturer, including any vendor authorized by any such manufacturer, whether or not licensed<\/span> in the Commonwealth, from selling service items<\/span> bearing alcoholic brand references to on-premises retail licensees<\/span> or prohibit any such retail licensee<\/span> from displaying the service items<\/span> on the premises of his licensed<\/span> establishment<\/span>. Each such retail licensee<\/span> purchasing such service items<\/span> shall retain a copy of the evidence<\/span> of his payment to the manufacturer or authorized vendor for a period of not less than two years from the date of each sale<\/span> of the service items<\/span>. As used in this subdivision, “service items<\/span>” mean articles of tangible personal property normally used by the employees of on-premises retail licensees<\/span> to serve alcoholic beverages<\/span> to customers including, but not limited to, glasses, napkins, buckets, and coasters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any employee of an alcoholic beverage wholesaler or manufacturer, whether or not licensed<\/span> in the Commonwealth, from distributing to retail licensees<\/span> and their employees novelties and specialties, including wearing apparel, having a wholesale value of $10 or less and that bear alcoholic beverage advertising. Such items may be distributed to retail licensees<\/span> in quantities equal to the number of employees of the retail establishment<\/span> present at the time the items are delivered. Thereafter, such employees may wear or display the items on the licensed<\/span> premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Any (i) retail on-premises wine<\/span> and beer<\/span> licensee<\/span>, his agent or employee from offering for sale<\/span> or selling for one price to any person to whom alcoholic beverages<\/span> may be lawfully sold a flight of wines<\/span> or beers<\/span> consisting of samples of not more than five different wines<\/span> or beers<\/span> and (ii) mixed beverage<\/span> licensee<\/span>, his agent or employee from offering for sale<\/span> or selling for one price to any person to whom alcoholic beverages<\/span> may be lawfully sold a flight of distilled spirits<\/span> consisting of samples of not more than five different spirits<\/span> products. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any restaurant<\/span> licensed<\/span> under this chapter from permitting the consumption of lawfully acquired wine<\/span>, beer<\/span>, or cider by bona fide customers on the premises in all areas and locations covered by the license, provided that (i) all such wine<\/span>, beer<\/span>, or cider shall have been acquired by the customer from a retailer licensed<\/span> to sell<\/span> such alcoholic beverages<\/span> and (ii) no such wine<\/span>, beer<\/span>, or cider shall be brought onto the licensed<\/span> premises by the customer except in sealed<\/span>, nonresealable bottles<\/span> or cans. The licensee<\/span> may charge a corkage fee to such customer for the wine<\/span>, beer<\/span>, or cider so consumed; however, the licensee<\/span> shall not charge any other fee to such customer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any winery, farm winery<\/span>, wine<\/span> importer, wine<\/span> wholesaler, brewery, limited brewery, beer<\/span> importer, beer<\/span> wholesaler, or distiller licensee<\/span> from providing to adult customers of licensed<\/span> retail establishments<\/span> information about wine<\/span>, beer<\/span>, or spirits<\/span> being consumed on such premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Any private swim club<\/span> operated by a duly organized nonprofit corporation or association from allowing members to bring lawfully acquired alcoholic beverages<\/span> onto the premises of such club<\/span> and consume such alcoholic beverages<\/span> on the premises of such club<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No deliveries or shipments of alcoholic beverages<\/span> to persons outside the Commonwealth for resale outside the Commonwealth shall be made into any state the laws<\/span> of which prohibit the consignee from receiving or selling the same. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDUCT NOT PROHIBITED BY THIS SUBTITLE; LIMITATION (\u00a7 4.1-201)\n\nA. Nothing in this subtitle or any Board regulation adopted pursuant thereto\nshall prohibit:\n\n 1. Any club licensed under this chapter from keeping for consumption by its\n members any alcoholic beverages lawfully acquired by such members, provided\n the alcoholic beverages are not sold, dispensed or given away in violation of\n this subtitle.\n\n 2. Any person from having grain, fruit or fruit products and any other\n substance, when grown or lawfully produced by him, distilled by any distillery\n licensee, and selling the distilled alcoholic beverages to the Board or\n selling or shipping them to any person outside of the Commonwealth in\n accordance with Board regulations. However, no alcoholic beverages so\n distilled shall be withdrawn from the place where distilled except in\n accordance with Board regulations.\n\n 3. Any person licensed to manufacture and sell, or either, in the Commonwealth\n or elsewhere, alcoholic beverages other than wine or beer, from soliciting and\n taking orders from the Board for such alcoholic beverages.\n\n 4. The receipt by a person operating a licensed brewery of deliveries and\n shipments of beer in closed containers or the sale, delivery or shipment of\n such beer, in accordance with Board regulations to (i) persons licensed to\n sell beer at wholesale, (ii) persons licensed to sell beer at retail for the\n purpose of resale only as provided in subdivision B 4 of § 4.1-216, (iii)\n owners of boats registered under the laws of the United States sailing for\n ports of call of a foreign country or another state, and (iv) persons outside\n the Commonwealth for resale outside the Commonwealth.\n\n 5. The granting of any retail license to a brewery, distillery, or winery\n licensee, or to an applicant for such license, or to a lessee of such person,\n a wholly owned subsidiary of such person, or its lessee, provided the places\n of business or establishments for which the retail licenses are desired are\n located upon the premises occupied or to be occupied by such distillery,\n winery, or brewery, or upon property of such person contiguous to such\n premises, or in a development contiguous to such premises owned and operated\n by such person or a wholly owned subsidiary.\n\n 6. The receipt by a distillery licensee of deliveries and shipments of\n alcoholic beverages, other than wine and beer, in closed containers from other\n distilleries, or the sale, delivery or shipment of such alcoholic beverages,\n in accordance with Board regulations, to the Board and to persons outside the\n Commonwealth for resale outside the Commonwealth.\n\n 7. The receipt by a farm winery or winery licensee of deliveries and shipments\n of wine in closed containers from other wineries or farm wineries located\n inside or outside the Commonwealth, or the receipt by a winery licensee or\n farm winery licensee of deliveries and shipments of spirits distilled from\n fruit or fruit juices in closed containers from distilleries located inside or\n outside the Commonwealth to be used only for the fortification of wine\n produced by the licensee in accordance with Board regulations, or the sale,\n delivery or shipment of such wine, in accordance with Board regulations, to\n persons licensed to sell wine at wholesale for the purpose of resale, and to\n persons outside the Commonwealth for resale outside the Commonwealth.\n\n 8. Any farm winery or winery licensee from shipping or delivering its wine in\n closed containers to another farm winery or winery licensee for the purpose of\n additional bottling in accordance with Board regulations and the return of the\n wine so bottled to the manufacturing farm winery or winery licensee.\n\n 9. Any farm winery or winery licensee from selling and shipping or delivering\n its wine in closed containers to another farm winery or winery licensee, the\n wine so sold and shipped or delivered to be used by the receiving licensee in\n the manufacture of wine. Any wine received under this subsection shall be\n deemed an agricultural product produced in the Commonwealth for the purposes\n of § 4.1-219, to the extent it is produced from fresh fruits or\n agricultural products grown or produced in the Commonwealth. The selling\n licensee shall provide to the receiving licensee, and both shall maintain\n complete and accurate records of, the source of the fresh fruits or\n agricultural products used to produce the wine so transferred.\n\n 10. Any retail on-and-off-premises wine and beer licensee, his agent or\n employee, from giving a sample of wine or beer to persons to whom alcoholic\n beverages may be lawfully sold for on-premises consumption, or any mixed\n beverage licensee, his agent or employee, from giving a sample of wine, beer,\n or spirits to persons to whom alcoholic beverages may be lawfully sold for\n on-premises consumption. Samples of wine shall not exceed two ounces, samples\n of beer shall not exceed four ounces, and samples of spirits shall not exceed\n one-half ounce, unless served as a mixed beverage, in which case a sample of\n spirits may contain up to one and one-half ounces of spirits. No more than 12\n ounces of beer, five ounces of wine, or three ounces of spirits shall be given\n to any person per day.\n\n 11. Any manufacturer, including any vendor authorized by any such\n manufacturer, whether or not licensed in the Commonwealth, from selling\n service items bearing alcoholic brand references to on-premises retail\n licensees or prohibit any such retail licensee from displaying the service\n items on the premises of his licensed establishment. Each such retail licensee\n purchasing such service items shall retain a copy of the evidence of his\n payment to the manufacturer or authorized vendor for a period of not less than\n two years from the date of each sale of the service items. As used in this\n subdivision, “service items” mean articles of tangible personal\n property normally used by the employees of on-premises retail licensees to\n serve alcoholic beverages to customers including, but not limited to, glasses,\n napkins, buckets, and coasters.\n\n 12. Any employee of an alcoholic beverage wholesaler or manufacturer, whether\n or not licensed in the Commonwealth, from distributing to retail licensees and\n their employees novelties and specialties, including wearing apparel, having a\n wholesale value of $10 or less and that bear alcoholic beverage advertising.\n Such items may be distributed to retail licensees in quantities equal to the\n number of employees of the retail establishment present at the time the items\n are delivered. Thereafter, such employees may wear or display the items on the\n licensed premises.\n\n 13. Any (i) retail on-premises wine and beer licensee, his agent or employee\n from offering for sale or selling for one price to any person to whom\n alcoholic beverages may be lawfully sold a flight of wines or beers consisting\n of samples of not more than five different wines or beers and (ii) mixed\n beverage licensee, his agent or employee from offering for sale or selling for\n one price to any person to whom alcoholic beverages may be lawfully sold a\n flight of distilled spirits consisting of samples of not more than five\n different spirits products.\n\n 14. Any restaurant licensed under this chapter from permitting the consumption\n of lawfully acquired wine, beer, or cider by bona fide customers on the\n premises in all areas and locations covered by the license, provided that (i)\n all such wine, beer, or cider shall have been acquired by the customer from a\n retailer licensed to sell such alcoholic beverages and (ii) no such wine,\n beer, or cider shall be brought onto the licensed premises by the customer\n except in sealed, nonresealable bottles or cans. The licensee may charge a\n corkage fee to such customer for the wine, beer, or cider so consumed;\n however, the licensee shall not charge any other fee to such customer.\n\n 15. Any winery, farm winery, wine importer, wine wholesaler, brewery, limited\n brewery, beer importer, beer wholesaler, or distiller licensee from providing\n to adult customers of licensed retail establishments information about wine,\n beer, or spirits being consumed on such premises.\n\n 16. Any private swim club operated by a duly organized nonprofit corporation\n or association from allowing members to bring lawfully acquired alcoholic\n beverages onto the premises of such club and consume such alcoholic beverages\n on the premises of such club.\n\nB. No deliveries or shipments of alcoholic beverages to persons outside the\nCommonwealth for resale outside the Commonwealth shall be made into any state\nthe laws of which prohibit the consignee from receiving or selling the same.\n\nHISTORY: Code 1950, \u00a7 4-89; 1954, c. 147; 1970, cc. 113, 541; 1972, cc. 75, 76;\n1973, c. 413; 1975, c. 408; 1981, c. 410; 1984, c. 200; 1992, c. 349; 1993, c.\n866; 1995, cc. 253, 317; 1997, c. 386; 2000, c. 786; 2003, c. 630; 2004, c. 379;\n2006, cc. 106, 826; 2007, c. 820; 2011, c. 559; 2012, c. 376; 2013, c. 604;\n2014, cc. 123, 455; 2015, cc. 404, 604; 2016, c. 26; 2018, c. 172; 2020, cc.\n1113, 1114.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}