{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-209.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-209.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-209.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-209.1.html"}],"law_id":56854,"edition_id":1,"section_id":56854,"structure_id":14859,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper’s license","history":"2007, cc. 99, 799; 2009, c. 292; 2010, cc. 317, 561; 2015, cc. 38, 730; 2020, cc. 1113, 1114.","full_text":"A\n\nHolders of wine and beer shipper’s licenses issued pursuant to subdivision F 1 of § 4.1-206.3 may sell and ship not more than two cases of wine per month nor more than two cases of beer per month to any person in Virginia to whom alcoholic beverages may be lawfully sold. All such sales and shipments shall be for personal consumption only and not for resale. A case of wine shall mean any combination of packages containing not more than nine liters of wine. A case of beer shall mean any combination of packages containing not more than 288 ounces of beer. Any winery or farm winery located within or outside the Commonwealth may apply to the Board for issuance of a wine and beer shipper’s license that shall authorize the shipment of brands of wine and farm wine identified in such application. Any brewery located within or outside the Commonwealth may apply to the Board for issuance of a wine and beer shipper’s license that shall authorize the shipment of brands of beer identified in such application. Any person located within or outside the Commonwealth who is authorized to sell wine or beer at retail in their state of domicile and who is not a winery, farm winery, or brewery may nevertheless apply for a wine and beer shipper’s license if such person satisfies the requirements of this section. Any brewery, winery, or farm winery that applies for a shipper’s license or authorizes any other person, other than a retail off-premises licensee, to apply for a license to ship such brewery’s, winery’s or farm winery’s brands of wine or beer shall notify any wholesale licensees that have been authorized to distribute such brands that an application has been filed for a shipper’s license. The notice shall be in writing and in a form prescribed by the Board. The Board may adopt such regulations as it reasonably deems necessary to implement the provisions of this section, including regulations that permit the holder of a shipper’s license to amend the same by, among other things, adding or deleting any brands of wine, farm wine, or beer identified in such shipper’s license.B\n\nAny applicant for a wine and beer shipper’s license that does not own or have the right to control the distribution of the brands of wine, farm wine, or beer identified in such person’s application may be issued a shipper’s license for wine and beer, if the applicant has obtained and filed with its application for a shipper’s license, and with any subsequent application for renewal thereof, the written consent of either (i) the winery, farm winery, or brewery whose brands of wine, farm wine, or beer are identified therein or (ii) any wholesale distributor authorized to distribute the wine or beer produced by the winery, farm winery or brewery. Any winery, farm winery, or brewery, or its wholesale distributor, that has provided written authorization to a shipper licensed pursuant to this section to sell and ship its brand or brands of wine, farm wine, or beer shall not be restricted by any provision of this section from withdrawing such authorization at any time. If such authorization is withdrawn, the winery, farm winery, or brewery shall promptly notify such shipper licensee and the Board in writing of its decision to withdraw from such shipper licensee the authority to sell and ship any of its brands, whereupon such shipper licensee shall promptly file with the Board an amendment to its license eliminating any such withdrawn brand or brands from the shipper’s license.C\n\nThe direct shipment of beer and wine by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3 shall be by approved common carrier only. The Board shall develop regulations pursuant to which common carriers may apply for approval to provide common carriage of wine or beer, shipped by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3. Such regulations shall include provisions that require (i) the recipient to demonstrate, upon delivery, that he is at least 21 years of age; (ii) the recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the Board; and (iii) the Board-approved common carrier to submit to the Board such information as the Board may prescribe. The Board-approved common carrier shall refuse delivery when the proposed recipient appears to be under the age of 21 years and refuses to present valid identification. All licensees shipping wine or beer pursuant to this section shall affix a conspicuous notice in 16-point type or larger to the outside of each package of wine or beer shipped within or into the Commonwealth, in a conspicuous location stating: “CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” Any delivery of alcoholic beverages to a minor by a common carrier shall constitute a violation by the common carrier. The common carrier and the shipper licensee shall be liable only for their independent acts.D\n\nFor purposes of §§ 4.1-234 and 4.1-236 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each shipment of wine or beer by a wine and beer shipper licensee shall constitute a sale in Virginia. The licensee shall collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Authority and any sales taxes to the Department of Taxation.E\n\nNotwithstanding the provisions of § 4.1-203, the holder of a wine and beer shipper license may solicit and receive applications for subscription to a wine-of-the-month or beer-of-the-month club at in-state or out-of-state locations for which a license for on-premises consumption has been issued, other than the place where the licensee carries on the business for which the license is granted. For the purposes of this subsection, “wine-of-the-month club” or “beer-of-the-month club” shall mean an agreement between an in-state or out-of-state holder of a wine and beer shipper license and a consumer in Virginia to whom alcoholic beverages may be lawfully sold that the shipper will sell and ship to the consumer and the consumer will purchase a lawful amount of wine or beer each month for an agreed term of months.F\n\nNotwithstanding the provisions of § 4.1-203, a wine and beer shipper licensee may ship wine or beer as authorized by this section through the use of the services of an approved fulfillment warehouse. For the purposes of this section, a “fulfillment warehouse” means a business operating a warehouse and providing storage, packaging, and shipping services to wineries or breweries. The Board shall develop regulations pursuant to which fulfillment warehouses may apply for approval to provide storage, packaging, and shipping services to holders of licenses issued pursuant to this section. Such regulations shall include provisions that require (i) the fulfillment warehouse to demonstrate that it is appropriately licensed for the services to be provided by the state in which its place of business is located, (ii) the Board-approved fulfillment warehouse to maintain such records and to submit to the Board such information as the Board may prescribe, and (iii) the fulfillment warehouse and each wine and beer shipper licensed under subdivision F 1 of § 4.1-206.3 to whom services are provided to enter into a contract designating the fulfillment warehouse as the agent of the shipper for purposes of complying with the provisions of this section.G\n\nNotwithstanding the provisions of § 4.1-203, a wine and beer shipper licensee may sell wine or beer as authorized by this section through the use of the services of an approved marketing portal. For the purposes of this section, a “marketing portal” means a business organized as an agricultural cooperative association under the laws of a state, soliciting and receiving orders for wine or beer and accepting and processing payment of such orders as the agent of a licensed wine and beer shipper. The Board shall develop regulations pursuant to which marketing portals may apply for approval to provide marketing services to holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3. Such regulations shall include provisions that require (i) the marketing portal to demonstrate that it is appropriately organized as an agricultural cooperative association and licensed for the services to be provided by the state in which its place of business is located, (ii) the Board-approved marketing portal to maintain such records and to submit to the Board such information as the Board may prescribe, and (iii) the marketing portal and each wine and beer shipper licensed under this section to whom services are provided to enter into a contract designating the marketing portal as the agent of the shipper for purposes of complying with the provisions of this section.","order_by":null,"text":{"0":{"id":208245,"text":"Holders of wine and beer shipper’s licenses issued pursuant to subdivision F 1 of § 4.1-206.3 may sell and ship not more than two cases of wine per month nor more than two cases of beer per month to any person in Virginia to whom alcoholic beverages may be lawfully sold. All such sales and shipments shall be for personal consumption only and not for resale. A case of wine shall mean any combination of packages containing not more than nine liters of wine. A case of beer shall mean any combination of packages containing not more than 288 ounces of beer. Any winery or farm winery located within or outside the Commonwealth may apply to the Board for issuance of a wine and beer shipper’s license that shall authorize the shipment of brands of wine and farm wine identified in such application. Any brewery located within or outside the Commonwealth may apply to the Board for issuance of a wine and beer shipper’s license that shall authorize the shipment of brands of beer identified in such application. Any person located within or outside the Commonwealth who is authorized to sell wine or beer at retail in their state of domicile and who is not a winery, farm winery, or brewery may nevertheless apply for a wine and beer shipper’s license if such person satisfies the requirements of this section. Any brewery, winery, or farm winery that applies for a shipper’s license or authorizes any other person, other than a retail off-premises licensee, to apply for a license to ship such brewery’s, winery’s or farm winery’s brands of wine or beer shall notify any wholesale licensees that have been authorized to distribute such brands that an application has been filed for a shipper’s license. The notice shall be in writing and in a form prescribed by the Board. The Board may adopt such regulations as it reasonably deems necessary to implement the provisions of this section, including regulations that permit the holder of a shipper’s license to amend the same by, among other things, adding or deleting any brands of wine, farm wine, or beer identified in such shipper’s license.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208246,"text":"Any applicant for a wine and beer shipper’s license that does not own or have the right to control the distribution of the brands of wine, farm wine, or beer identified in such person’s application may be issued a shipper’s license for wine and beer, if the applicant has obtained and filed with its application for a shipper’s license, and with any subsequent application for renewal thereof, the written consent of either (i) the winery, farm winery, or brewery whose brands of wine, farm wine, or beer are identified therein or (ii) any wholesale distributor authorized to distribute the wine or beer produced by the winery, farm winery or brewery. Any winery, farm winery, or brewery, or its wholesale distributor, that has provided written authorization to a shipper licensed pursuant to this section to sell and ship its brand or brands of wine, farm wine, or beer shall not be restricted by any provision of this section from withdrawing such authorization at any time. If such authorization is withdrawn, the winery, farm winery, or brewery shall promptly notify such shipper licensee and the Board in writing of its decision to withdraw from such shipper licensee the authority to sell and ship any of its brands, whereupon such shipper licensee shall promptly file with the Board an amendment to its license eliminating any such withdrawn brand or brands from the shipper’s license.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208247,"text":"The direct shipment of beer and wine by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3 shall be by approved common carrier only. The Board shall develop regulations pursuant to which common carriers may apply for approval to provide common carriage of wine or beer, shipped by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3. Such regulations shall include provisions that require (i) the recipient to demonstrate, upon delivery, that he is at least 21 years of age; (ii) the recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the Board; and (iii) the Board-approved common carrier to submit to the Board such information as the Board may prescribe. The Board-approved common carrier shall refuse delivery when the proposed recipient appears to be under the age of 21 years and refuses to present valid identification. All licensees shipping wine or beer pursuant to this section shall affix a conspicuous notice in 16-point type or larger to the outside of each package of wine or beer shipped within or into the Commonwealth, in a conspicuous location stating: “CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” Any delivery of alcoholic beverages to a minor by a common carrier shall constitute a violation by the common carrier. The common carrier and the shipper licensee shall be liable only for their independent acts.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":208248,"text":"For purposes of §§ 4.1-234 and 4.1-236 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each shipment of wine or beer by a wine and beer shipper licensee shall constitute a sale in Virginia. The licensee shall collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Authority and any sales taxes to the Department of Taxation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":208249,"text":"Notwithstanding the provisions of § 4.1-203, the holder of a wine and beer shipper license may solicit and receive applications for subscription to a wine-of-the-month or beer-of-the-month club at in-state or out-of-state locations for which a license for on-premises consumption has been issued, other than the place where the licensee carries on the business for which the license is granted. For the purposes of this subsection, “wine-of-the-month club” or “beer-of-the-month club” shall mean an agreement between an in-state or out-of-state holder of a wine and beer shipper license and a consumer in Virginia to whom alcoholic beverages may be lawfully sold that the shipper will sell and ship to the consumer and the consumer will purchase a lawful amount of wine or beer each month for an agreed term of months.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":208250,"text":"Notwithstanding the provisions of § 4.1-203, a wine and beer shipper licensee may ship wine or beer as authorized by this section through the use of the services of an approved fulfillment warehouse. For the purposes of this section, a “fulfillment warehouse” means a business operating a warehouse and providing storage, packaging, and shipping services to wineries or breweries. The Board shall develop regulations pursuant to which fulfillment warehouses may apply for approval to provide storage, packaging, and shipping services to holders of licenses issued pursuant to this section. Such regulations shall include provisions that require (i) the fulfillment warehouse to demonstrate that it is appropriately licensed for the services to be provided by the state in which its place of business is located, (ii) the Board-approved fulfillment warehouse to maintain such records and to submit to the Board such information as the Board may prescribe, and (iii) the fulfillment warehouse and each wine and beer shipper licensed under subdivision F 1 of § 4.1-206.3 to whom services are provided to enter into a contract designating the fulfillment warehouse as the agent of the shipper for purposes of complying with the provisions of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":208251,"text":"Notwithstanding the provisions of § 4.1-203, a wine and beer shipper licensee may sell wine or beer as authorized by this section through the use of the services of an approved marketing portal. For the purposes of this section, a “marketing portal” means a business organized as an agricultural cooperative association under the laws of a state, soliciting and receiving orders for wine or beer and accepting and processing payment of such orders as the agent of a licensed wine and beer shipper. The Board shall develop regulations pursuant to which marketing portals may apply for approval to provide marketing services to holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3. Such regulations shall include provisions that require (i) the marketing portal to demonstrate that it is appropriately organized as an agricultural cooperative association and licensed for the services to be provided by the state in which its place of business is located, (ii) the Board-approved marketing portal to maintain such records and to submit to the Board such information as the Board may prescribe, and (iii) the marketing portal and each wine and beer shipper licensed under this section to whom services are provided to enter into a contract designating the marketing portal as the agent of the shipper for purposes of complying with the provisions of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14859,"edition_id":1,"name":"Licenses Granted by Board; Limitations; Revocation and Suspension","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13825,"metadata":{},"date_created":"2026-06-26 03:50:26","date_modified":"2026-06-26 03:50:26","permalink":{"id":218831,"object_type":"structure","relational_id":14859,"identifier":"2","token":"4.1\/I\/2\/2","url":"\/4.1\/I\/2\/2\/","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":79854,"structure_id":14859,"section_number":"4.1-206","catch_line":"Repealed","url":"\/4.1-206\/","token":"4.1\/I\/2\/2\/4.1-206","metadata":false},{"id":85579,"structure_id":14859,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","url":"\/4.1-206.1\/","token":"4.1\/I\/2\/2\/4.1-206.1","metadata":false},{"id":64438,"structure_id":14859,"section_number":"4.1-206.2","catch_line":"Wholesale licenses","url":"\/4.1-206.2\/","token":"4.1\/I\/2\/2\/4.1-206.2","metadata":false},{"id":71341,"structure_id":14859,"section_number":"4.1-206.3","catch_line":"Retail licenses","url":"\/4.1-206.3\/","token":"4.1\/I\/2\/2\/4.1-206.3","metadata":false},{"id":61956,"structure_id":14859,"section_number":"4.1-207","catch_line":"Repealed","url":"\/4.1-207\/","token":"4.1\/I\/2\/2\/4.1-207","metadata":false},{"id":76919,"structure_id":14859,"section_number":"4.1-207.1","catch_line":"Repealed","url":"\/4.1-207.1\/","token":"4.1\/I\/2\/2\/4.1-207.1","metadata":false},{"id":74961,"structure_id":14859,"section_number":"4.1-208","catch_line":"Repealed","url":"\/4.1-208\/","token":"4.1\/I\/2\/2\/4.1-208","metadata":false},{"id":69143,"structure_id":14859,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","url":"\/4.1-209\/","token":"4.1\/I\/2\/2\/4.1-209","metadata":false},{"id":56854,"structure_id":14859,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","url":"\/4.1-209.1\/","token":"4.1\/I\/2\/2\/4.1-209.1","metadata":false},{"id":75458,"structure_id":14859,"section_number":"4.1-210","catch_line":"Repealed","url":"\/4.1-210\/","token":"4.1\/I\/2\/2\/4.1-210","metadata":false},{"id":79818,"structure_id":14859,"section_number":"4.1-211","catch_line":"Temporary licenses","url":"\/4.1-211\/","token":"4.1\/I\/2\/2\/4.1-211","metadata":false},{"id":78252,"structure_id":14859,"section_number":"4.1-212","catch_line":"Permits required in certain instances","url":"\/4.1-212\/","token":"4.1\/I\/2\/2\/4.1-212","metadata":false},{"id":63303,"structure_id":14859,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","url":"\/4.1-212.1\/","token":"4.1\/I\/2\/2\/4.1-212.1","metadata":false},{"id":71769,"structure_id":14859,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","url":"\/4.1-212.2\/","token":"4.1\/I\/2\/2\/4.1-212.2","metadata":false},{"id":70957,"structure_id":14859,"section_number":"4.1-213","catch_line":"Manufacture and sale of cider","url":"\/4.1-213\/","token":"4.1\/I\/2\/2\/4.1-213","metadata":false},{"id":59198,"structure_id":14859,"section_number":"4.1-214","catch_line":"Limitations on licenses; sale outside the Commonwealth","url":"\/4.1-214\/","token":"4.1\/I\/2\/2\/4.1-214","metadata":false},{"id":82323,"structure_id":14859,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","url":"\/4.1-215\/","token":"4.1\/I\/2\/2\/4.1-215","metadata":false},{"id":68333,"structure_id":14859,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","url":"\/4.1-216\/","token":"4.1\/I\/2\/2\/4.1-216","metadata":false},{"id":83813,"structure_id":14859,"section_number":"4.1-216.1","catch_line":"Point-of-sale advertising materials authorized under certain conditions; civil penalties","url":"\/4.1-216.1\/","token":"4.1\/I\/2\/2\/4.1-216.1","metadata":false},{"id":75252,"structure_id":14859,"section_number":"4.1-217","catch_line":"Limitation on brewery licenses","url":"\/4.1-217\/","token":"4.1\/I\/2\/2\/4.1-217","metadata":false},{"id":74830,"structure_id":14859,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","url":"\/4.1-218\/","token":"4.1\/I\/2\/2\/4.1-218","metadata":false},{"id":67187,"structure_id":14859,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","url":"\/4.1-219\/","token":"4.1\/I\/2\/2\/4.1-219","metadata":false},{"id":77840,"structure_id":14859,"section_number":"4.1-220","catch_line":"Repealed","url":"\/4.1-220\/","token":"4.1\/I\/2\/2\/4.1-220","metadata":false},{"id":78481,"structure_id":14859,"section_number":"4.1-221","catch_line":"Limitation on mixed beverage licensees; exceptions","url":"\/4.1-221\/","token":"4.1\/I\/2\/2\/4.1-221","metadata":false},{"id":57397,"structure_id":14859,"section_number":"4.1-221.1","catch_line":"Limitation of tasting licenses","url":"\/4.1-221.1\/","token":"4.1\/I\/2\/2\/4.1-221.1","metadata":false},{"id":80682,"structure_id":14859,"section_number":"4.1-222","catch_line":"Conditions under which Board may refuse to grant licenses","url":"\/4.1-222\/","token":"4.1\/I\/2\/2\/4.1-222","metadata":false},{"id":86989,"structure_id":14859,"section_number":"4.1-223","catch_line":"Conditions under which Board shall refuse to grant licenses","url":"\/4.1-223\/","token":"4.1\/I\/2\/2\/4.1-223","metadata":false},{"id":59746,"structure_id":14859,"section_number":"4.1-224","catch_line":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","url":"\/4.1-224\/","token":"4.1\/I\/2\/2\/4.1-224","metadata":false},{"id":56780,"structure_id":14859,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","url":"\/4.1-225\/","token":"4.1\/I\/2\/2\/4.1-225","metadata":false},{"id":59182,"structure_id":14859,"section_number":"4.1-225.1","catch_line":"Summary suspension in emergency circumstances; grounds; notice and hearing","url":"\/4.1-225.1\/","token":"4.1\/I\/2\/2\/4.1-225.1","metadata":false},{"id":70174,"structure_id":14859,"section_number":"4.1-226","catch_line":"Grounds for which Board shall suspend or revoke licenses","url":"\/4.1-226\/","token":"4.1\/I\/2\/2\/4.1-226","metadata":false},{"id":79871,"structure_id":14859,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","url":"\/4.1-227\/","token":"4.1\/I\/2\/2\/4.1-227","metadata":false},{"id":74907,"structure_id":14859,"section_number":"4.1-228","catch_line":"Suspension or revocation; disposition of beverages on hand; termination","url":"\/4.1-228\/","token":"4.1\/I\/2\/2\/4.1-228","metadata":false},{"id":84633,"structure_id":14859,"section_number":"4.1-229","catch_line":"Suspension or revocation of permits; grounds; notice and hearing; exception","url":"\/4.1-229\/","token":"4.1\/I\/2\/2\/4.1-229","metadata":false}],"previous_section":{"id":69143,"structure_id":14859,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","url":"\/4.1-209\/","token":"4.1\/I\/2\/2\/4.1-209","metadata":false},"next_section":{"id":75458,"structure_id":14859,"section_number":"4.1-210","catch_line":"Repealed","url":"\/4.1-210\/","token":"4.1\/I\/2\/2\/4.1-210","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-209.1\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 99<\/a> and 799<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 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 2009, chapter 292<\/a>; in 2010, chapters 317<\/a> and 561<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>.<\/p>","references":[{"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":56029,"section_number":"4.1-311","catch_line":"Limitations on transporting lawfully purchased alcoholic beverages; penalty","order_by":null,"url":"\/4.1-311\/"}],"refers_to":[{"id":79036,"section_number":"4.1-203","catch_line":"Separate license for each place of business; transfer or amendment; posting; expiration; carriers","order_by":null,"url":"\/4.1-203\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":80942,"section_number":"4.1-234","catch_line":"Tax on wine and other alcoholic beverages; exceptions","order_by":null,"url":"\/4.1-234\/"},{"id":69421,"section_number":"4.1-236","catch_line":"Excise tax on beer and wine coolers; payment of tax; exceptions","order_by":null,"url":"\/4.1-236\/"},{"id":63208,"section_number":"58.1-600","catch_line":"Short title","order_by":null,"url":"\/58.1-600\/"}],"permalink":{"id":218865,"object_type":"law","relational_id":56854,"identifier":"4.1-209.1","token":"4.1\/I\/2\/2\/4.1-209.1","url":"\/4.1-209.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-209.1\/","token":"4.1\/I\/2\/2\/4.1-209.1","dublin_core":{"Title":"Direct shipment of wine and beer; shipper’s license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-209.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Holders of wine<\/span> and beer<\/span> shipper’s licenses issued pursuant to subdivision F 1 of § 4.1-206.3<\/a> may sell<\/span> and ship not more than two cases of wine<\/span> per month nor more than two cases of beer<\/span> per month to any person in Virginia to whom alcoholic beverages<\/span> may be lawfully sold. All such sales<\/span> and shipments shall be for personal consumption only and not for resale. A case of wine<\/span> shall mean any combination of packages containing not more than nine liters of wine<\/span>. A case of beer<\/span> shall mean any combination of packages containing not more than 288 ounces of beer<\/span>. Any winery or farm winery<\/span> located within or outside the Commonwealth may apply to the Board<\/span> for issuance of a wine<\/span> and beer<\/span> shipper’s license that shall authorize the shipment of brands of wine<\/span> and farm wine<\/span> identified in such application. Any brewery located within or outside the Commonwealth may apply to the Board<\/span> for issuance of a wine<\/span> and beer<\/span> shipper’s license that shall authorize the shipment of brands of beer<\/span> identified in such application. Any person located within or outside the Commonwealth who is authorized to sell<\/span> wine<\/span> or beer<\/span> at retail in their state of domicile and who is not a winery, farm winery<\/span>, or brewery may nevertheless apply for a wine<\/span> and beer<\/span> shipper’s license if such person satisfies the requirements of this section. Any brewery, winery, or farm winery<\/span> that applies for a shipper’s license or authorizes any other person, other than a retail off-premises licensee<\/span>, to apply for a license to ship such brewery’s, winery’s or farm winery<\/span>’s brands of wine<\/span> or beer<\/span> shall notify any wholesale licensees<\/span> that have been authorized to distribute such brands that an application has been filed for a shipper’s license. The notice shall be in writing and in a form prescribed by the Board<\/span>. The Board<\/span> may adopt such regulations as it reasonably deems necessary to implement the provisions of this section, including regulations that permit the holder of a shipper’s license to amend<\/span> the same by, among other things, adding or deleting any brands of wine<\/span>, farm wine<\/span>, or beer<\/span> identified in such shipper’s license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any applicant for a wine<\/span> and beer<\/span> shipper’s license that does not own or have the right to control the distribution of the brands of wine<\/span>, farm wine<\/span>, or beer<\/span> identified in such person’s application may be issued a shipper’s license for wine<\/span> and beer<\/span>, if the applicant has obtained and filed with its application for a shipper’s license, and with any subsequent application for renewal thereof, the written consent of either (i) the winery, farm winery<\/span>, or brewery whose brands of wine<\/span>, farm wine<\/span>, or beer<\/span> are identified therein or (ii) any wholesale distributor authorized to distribute the wine<\/span> or beer<\/span> produced by the winery, farm winery<\/span> or brewery. Any winery, farm winery<\/span>, or brewery, or its wholesale distributor, that has provided written authorization to a shipper licensed<\/span> pursuant to this section to sell<\/span> and ship its brand or brands of wine<\/span>, farm wine<\/span>, or beer<\/span> shall not be restricted by any provision of this section from withdrawing such authorization at any time. If such authorization is withdrawn, the winery, farm winery<\/span>, or brewery shall promptly notify such shipper licensee<\/span> and the Board<\/span> in writing of its decision to withdraw from such shipper licensee<\/span> the authority<\/span> to sell<\/span> and ship any of its brands, whereupon such shipper licensee<\/span> shall promptly file with the Board<\/span> an amendment to its license eliminating any such withdrawn brand or brands from the shipper’s license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The direct shipment of beer<\/span> and wine<\/span> by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3<\/a> shall be by approved common carrier only. The Board<\/span> shall develop regulations pursuant to which common carriers may apply for approval to provide common carriage of wine<\/span> or beer<\/span>, shipped by holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3<\/a>. Such regulations shall include provisions that require (i) the recipient to demonstrate, upon delivery, that he is at least 21 years of age; (ii) the recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the Board<\/span>; and (iii) the Board<\/span>-approved common carrier to submit to the Board<\/span> such information as the Board<\/span> may prescribe. The Board<\/span>-approved common carrier shall refuse delivery when the proposed recipient appears to be under the age of 21 years and refuses to present valid identification. All licensees<\/span> shipping wine<\/span> or beer<\/span> pursuant to this section shall affix a conspicuous notice in 16-point type or larger to the outside of each package of wine<\/span> or beer<\/span> shipped within or into the Commonwealth, in a conspicuous location stating: “CONTAINS ALCOHOLIC BEVERAGES<\/span>; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” Any delivery of alcoholic beverages<\/span> to a minor<\/span> by a common carrier shall constitute a violation by the common carrier. The common carrier and the shipper licensee<\/span> shall be liable only for their independent acts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of §§ 4.1-234<\/a> and 4.1-236<\/a> and Chapter 6 (§ 58.1-600<\/a> et seq.) of Title 58.1, each shipment of wine<\/span> or beer<\/span> by a wine<\/span> and beer<\/span> shipper licensee<\/span> shall constitute a sale<\/span> in Virginia. The licensee<\/span> shall collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Authority<\/span> and any sales<\/span> taxes to the Department of Taxation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of § 4.1-203<\/a>, the holder of a wine<\/span> and beer<\/span> shipper license may solicit and receive applications for subscription to a wine<\/span>-of-the-month or beer<\/span>-of-the-month club<\/span> at in-state or out-of-state locations for which a license for on-premises consumption has been issued, other than the place where the licensee<\/span> carries on the business for which the license is granted. For the purposes of this subsection, “wine<\/span>-of-the-month club<\/span>” or “beer<\/span>-of-the-month club<\/span>” shall mean an agreement between an in-state or out-of-state holder of a wine<\/span> and beer<\/span> shipper license and a consumer in Virginia to whom alcoholic beverages<\/span> may be lawfully sold that the shipper will sell<\/span> and ship to the consumer and the consumer will purchase a lawful amount of wine<\/span> or beer<\/span> each month for an agreed term of months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of § 4.1-203<\/a>, a wine<\/span> and beer<\/span> shipper licensee<\/span> may ship wine<\/span> or beer<\/span> as authorized by this section through the use of the services of an approved fulfillment warehouse<\/span>. For the purposes of this section, a “fulfillment warehouse<\/span>” means a business operating a warehouse and providing storage, packaging, and shipping services to wineries or breweries. The Board<\/span> shall develop regulations pursuant to which fulfillment warehouses<\/span> may apply for approval to provide storage, packaging, and shipping services to holders of licenses issued pursuant to this section. Such regulations shall include provisions that require (i) the fulfillment warehouse<\/span> to demonstrate that it is appropriately licensed<\/span> for the services to be provided by the state in which its place of business is located, (ii) the Board<\/span>-approved fulfillment warehouse<\/span> to maintain such records and to submit to the Board<\/span> such information as the Board<\/span> may prescribe, and (iii) the fulfillment warehouse<\/span> and each wine<\/span> and beer<\/span> shipper licensed<\/span> under subdivision F 1 of § 4.1-206.3<\/a> to whom services are provided to enter into a contract<\/span> designating the fulfillment warehouse<\/span> as the agent of the shipper for purposes of complying with the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the provisions of § 4.1-203<\/a>, a wine<\/span> and beer<\/span> shipper licensee<\/span> may sell<\/span> wine<\/span> or beer<\/span> as authorized by this section through the use of the services of an approved marketing portal<\/span>. For the purposes of this section, a “marketing portal<\/span>” means a business organized as an agricultural cooperative<\/span> association under the laws<\/span> of a state, soliciting and receiving orders<\/span> for wine<\/span> or beer<\/span> and accepting and processing payment of such orders<\/span> as the agent of a licensed<\/span> wine<\/span> and beer<\/span> shipper. The Board<\/span> shall develop regulations pursuant to which marketing portals<\/span> may apply for approval to provide marketing services to holders of licenses issued pursuant to subdivision F 1 of § 4.1-206.3<\/a>. Such regulations shall include provisions that require (i) the marketing portal<\/span> to demonstrate that it is appropriately organized as an agricultural cooperative<\/span> association and licensed<\/span> for the services to be provided by the state in which its place of business is located, (ii) the Board<\/span>-approved marketing portal<\/span> to maintain such records and to submit to the Board<\/span> such information as the Board<\/span> may prescribe, and (iii) the marketing portal<\/span> and each wine<\/span> and beer<\/span> shipper licensed<\/span> under this section to whom services are provided to enter into a contract<\/span> designating the marketing portal<\/span> as the agent of the shipper for purposes of complying with the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDIRECT SHIPMENT OF WINE AND BEER; SHIPPER’S LICENSE (\u00a7 4.1-209.1)\n\nA. Holders of wine and beer shipper’s licenses issued pursuant to\nsubdivision F 1 of § 4.1-206.3 may sell and ship not more than two cases of\nwine per month nor more than two cases of beer per month to any person in\nVirginia to whom alcoholic beverages may be lawfully sold. All such sales and\nshipments shall be for personal consumption only and not for resale. A case of\nwine shall mean any combination of packages containing not more than nine liters\nof wine. A case of beer shall mean any combination of packages containing not\nmore than 288 ounces of beer. Any winery or farm winery located within or\noutside the Commonwealth may apply to the Board for issuance of a wine and beer\nshipper’s license that shall authorize the shipment of brands of wine and\nfarm wine identified in such application. Any brewery located within or outside\nthe Commonwealth may apply to the Board for issuance of a wine and beer\nshipper’s license that shall authorize the shipment of brands of beer\nidentified in such application. Any person located within or outside the\nCommonwealth who is authorized to sell wine or beer at retail in their state of\ndomicile and who is not a winery, farm winery, or brewery may nevertheless apply\nfor a wine and beer shipper’s license if such person satisfies the\nrequirements of this section. Any brewery, winery, or farm winery that applies\nfor a shipper’s license or authorizes any other person, other than a\nretail off-premises licensee, to apply for a license to ship such\nbrewery’s, winery’s or farm winery’s brands of wine or beer\nshall notify any wholesale licensees that have been authorized to distribute\nsuch brands that an application has been filed for a shipper’s license.\nThe notice shall be in writing and in a form prescribed by the Board. The Board\nmay adopt such regulations as it reasonably deems necessary to implement the\nprovisions of this section, including regulations that permit the holder of a\nshipper’s license to amend the same by, among other things, adding or\ndeleting any brands of wine, farm wine, or beer identified in such\nshipper’s license.\n\nB. Any applicant for a wine and beer shipper’s license that does not own\nor have the right to control the distribution of the brands of wine, farm wine,\nor beer identified in such person’s application may be issued a\nshipper’s license for wine and beer, if the applicant has obtained and\nfiled with its application for a shipper’s license, and with any\nsubsequent application for renewal thereof, the written consent of either (i)\nthe winery, farm winery, or brewery whose brands of wine, farm wine, or beer are\nidentified therein or (ii) any wholesale distributor authorized to distribute\nthe wine or beer produced by the winery, farm winery or brewery. Any winery,\nfarm winery, or brewery, or its wholesale distributor, that has provided written\nauthorization to a shipper licensed pursuant to this section to sell and ship\nits brand or brands of wine, farm wine, or beer shall not be restricted by any\nprovision of this section from withdrawing such authorization at any time. If\nsuch authorization is withdrawn, the winery, farm winery, or brewery shall\npromptly notify such shipper licensee and the Board in writing of its decision\nto withdraw from such shipper licensee the authority to sell and ship any of its\nbrands, whereupon such shipper licensee shall promptly file with the Board an\namendment to its license eliminating any such withdrawn brand or brands from the\nshipper’s license.\n\nC. The direct shipment of beer and wine by holders of licenses issued pursuant\nto subdivision F 1 of § 4.1-206.3 shall be by approved common carrier only.\nThe Board shall develop regulations pursuant to which common carriers may apply\nfor approval to provide common carriage of wine or beer, shipped by holders of\nlicenses issued pursuant to subdivision F 1 of § 4.1-206.3. Such\nregulations shall include provisions that require (i) the recipient to\ndemonstrate, upon delivery, that he is at least 21 years of age; (ii) the\nrecipient to sign an electronic or paper form or other acknowledgement of\nreceipt as approved by the Board; and (iii) the Board-approved common carrier to\nsubmit to the Board such information as the Board may prescribe. The\nBoard-approved common carrier shall refuse delivery when the proposed recipient\nappears to be under the age of 21 years and refuses to present valid\nidentification. All licensees shipping wine or beer pursuant to this section\nshall affix a conspicuous notice in 16-point type or larger to the outside of\neach package of wine or beer shipped within or into the Commonwealth, in a\nconspicuous location stating: “CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF\nPERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” Any delivery of\nalcoholic beverages to a minor by a common carrier shall constitute a violation\nby the common carrier. The common carrier and the shipper licensee shall be\nliable only for their independent acts.\n\nD. For purposes of §§ 4.1-234 and 4.1-236 and Chapter 6 (§\n58.1-600 et seq.) of Title 58.1, each shipment of wine or beer by a wine and\nbeer shipper licensee shall constitute a sale in Virginia. The licensee shall\ncollect the taxes due to the Commonwealth and remit any excise taxes monthly to\nthe Authority and any sales taxes to the Department of Taxation.\n\nE. Notwithstanding the provisions of § 4.1-203, the holder of a wine and\nbeer shipper license may solicit and receive applications for subscription to a\nwine-of-the-month or beer-of-the-month club at in-state or out-of-state\nlocations for which a license for on-premises consumption has been issued, other\nthan the place where the licensee carries on the business for which the license\nis granted. For the purposes of this subsection, “wine-of-the-month\nclub” or “beer-of-the-month club” shall mean an agreement\nbetween an in-state or out-of-state holder of a wine and beer shipper license\nand a consumer in Virginia to whom alcoholic beverages may be lawfully sold that\nthe shipper will sell and ship to the consumer and the consumer will purchase a\nlawful amount of wine or beer each month for an agreed term of months.\n\nF. Notwithstanding the provisions of § 4.1-203, a wine and beer shipper\nlicensee may ship wine or beer as authorized by this section through the use of\nthe services of an approved fulfillment warehouse. For the purposes of this\nsection, a “fulfillment warehouse” means a business operating a\nwarehouse and providing storage, packaging, and shipping services to wineries or\nbreweries. The Board shall develop regulations pursuant to which fulfillment\nwarehouses may apply for approval to provide storage, packaging, and shipping\nservices to holders of licenses issued pursuant to this section. Such\nregulations shall include provisions that require (i) the fulfillment warehouse\nto demonstrate that it is appropriately licensed for the services to be provided\nby the state in which its place of business is located, (ii) the Board-approved\nfulfillment warehouse to maintain such records and to submit to the Board such\ninformation as the Board may prescribe, and (iii) the fulfillment warehouse and\neach wine and beer shipper licensed under subdivision F 1 of § 4.1-206.3 to\nwhom services are provided to enter into a contract designating the fulfillment\nwarehouse as the agent of the shipper for purposes of complying with the\nprovisions of this section.\n\nG. Notwithstanding the provisions of § 4.1-203, a wine and beer shipper\nlicensee may sell wine or beer as authorized by this section through the use of\nthe services of an approved marketing portal. For the purposes of this section,\na “marketing portal” means a business organized as an agricultural\ncooperative association under the laws of a state, soliciting and receiving\norders for wine or beer and accepting and processing payment of such orders as\nthe agent of a licensed wine and beer shipper. The Board shall develop\nregulations pursuant to which marketing portals may apply for approval to\nprovide marketing services to holders of licenses issued pursuant to subdivision\nF 1 of § 4.1-206.3. Such regulations shall include provisions that require\n(i) the marketing portal to demonstrate that it is appropriately organized as an\nagricultural cooperative association and licensed for the services to be\nprovided by the state in which its place of business is located, (ii) the\nBoard-approved marketing portal to maintain such records and to submit to the\nBoard such information as the Board may prescribe, and (iii) the marketing\nportal and each wine and beer shipper licensed under this section to whom\nservices are provided to enter into a contract designating the marketing portal\nas the agent of the shipper for purposes of complying with the provisions of\nthis section.\n\nHISTORY: 2007, cc. 99, 799; 2009, c. 292; 2010, cc. 317, 561; 2015, cc. 38, 730;\n2020, cc. 1113, 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}}