{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-500.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-500.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-500.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-500.html"}],"law_id":54985,"edition_id":1,"section_id":54985,"structure_id":13131,"section_number":"4.1-500","catch_line":"Definitions","history":"1978, c. 579, \u00a7 4-118.4; 1985, c. 549; 1987, c. 247; 1991, c. 628; 1993, c. 866; 1997, c. 801.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery and beer wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery’s brands of beer. The doing or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement within the meaning of this definition:\n\n1\n\nThe shipment, preparation for shipment or acceptance of any order by any brewery for any beer to a beer wholesaler within the Commonwealth.2\n\nThe payment by a beer wholesaler and the acceptance of payment by any brewery for the shipment of an order of beer intended for sale in the Commonwealth.\n\t\t\t“Beer wholesaler,” “wholesaler,” “beer distributor,” and “distributor” mean any wholesale beer licensee, including any successor-in-interest to such person, within the Commonwealth offering beer for sale or resale to retailers or other beer wholesalers without regard to whether the business of the person is conducted under the terms of an agreement with a licensed brewery.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a brewery to identify a specific malt beverage product and to distinguish that product from other beers produced or marketed by that brewery or other breweries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any brand, which incorporates all or a substantial part of the unique features of a preexisting brand of the same brewery and which relies to a significant extent on the goodwill associated with such preexisting brand.\n\t\t\t“Brewery” means every person, including any authorized representative of such person pursuant to § 4.1-218 which (i) is licensed as a brewery located within the Commonwealth, (ii) holds a beer importer’s license and is not simultaneously licensed as a beer wholesaler, or (iii) manufactures any malt beverage, has title to any malt beverage products excluding licensed Virginia wholesalers and retailers or has the contractual right to distribute under its own brand any malt beverage product whether licensed in the Commonwealth or not, who enters into an agreement with any beer wholesaler licensed to do business in the Commonwealth.\n\t\t\t“Dual distributorships” means the existence of agreements between a single brewery and more than one wholesaler in a given territory as the result of a purchase of another brewery.\n\t\t\t“Nonsurviving brewery” means any brewery which is purchased by another brewery as provided in § 4.1-504 and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. “Person” also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving brewery” means a brewery which purchases a nonsurviving brewery as provided in § 4.1-504.\n\t\t\t“Territory” or “sales territory” means the area of sales responsibility within the Commonwealth expressly or impliedly designated by any agreement between any beer wholesaler and brewery for the brand or brands of any brewer.","order_by":null,"text":{"0":{"id":201699,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery and beer wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery’s brands of beer. The doing or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement within the meaning of this definition:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":201700,"text":"The shipment, preparation for shipment or acceptance of any order by any brewery for any beer to a beer wholesaler within the Commonwealth.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":201701,"text":"The payment by a beer wholesaler and the acceptance of payment by any brewery for the shipment of an order of beer intended for sale in the Commonwealth.\n\t\t\t“Beer wholesaler,” “wholesaler,” “beer distributor,” and “distributor” mean any wholesale beer licensee, including any successor-in-interest to such person, within the Commonwealth offering beer for sale or resale to retailers or other beer wholesalers without regard to whether the business of the person is conducted under the terms of an agreement with a licensed brewery.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a brewery to identify a specific malt beverage product and to distinguish that product from other beers produced or marketed by that brewery or other breweries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any brand, which incorporates all or a substantial part of the unique features of a preexisting brand of the same brewery and which relies to a significant extent on the goodwill associated with such preexisting brand.\n\t\t\t“Brewery” means every person, including any authorized representative of such person pursuant to § 4.1-218 which (i) is licensed as a brewery located within the Commonwealth, (ii) holds a beer importer’s license and is not simultaneously licensed as a beer wholesaler, or (iii) manufactures any malt beverage, has title to any malt beverage products excluding licensed Virginia wholesalers and retailers or has the contractual right to distribute under its own brand any malt beverage product whether licensed in the Commonwealth or not, who enters into an agreement with any beer wholesaler licensed to do business in the Commonwealth.\n\t\t\t“Dual distributorships” means the existence of agreements between a single brewery and more than one wholesaler in a given territory as the result of a purchase of another brewery.\n\t\t\t“Nonsurviving brewery” means any brewery which is purchased by another brewery as provided in § 4.1-504 and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. “Person” also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving brewery” means a brewery which purchases a nonsurviving brewery as provided in § 4.1-504.\n\t\t\t“Territory” or “sales territory” means the area of sales responsibility within the Commonwealth expressly or impliedly designated by any agreement between any beer wholesaler and brewery for the brand or brands of any brewer.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13131,"edition_id":1,"name":"Beer Franchise Act","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":219337,"object_type":"structure","relational_id":13131,"identifier":"5","token":"4.1\/I\/5","url":"\/4.1\/I\/5\/","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":54985,"structure_id":13131,"section_number":"4.1-500","catch_line":"Definitions","url":"\/4.1-500\/","token":"4.1\/I\/5\/4.1-500","metadata":false},{"id":83515,"structure_id":13131,"section_number":"4.1-501","catch_line":"Applicability","url":"\/4.1-501\/","token":"4.1\/I\/5\/4.1-501","metadata":false},{"id":58797,"structure_id":13131,"section_number":"4.1-502","catch_line":"No inducement or coercion","url":"\/4.1-502\/","token":"4.1\/I\/5\/4.1-502","metadata":false},{"id":73349,"structure_id":13131,"section_number":"4.1-503","catch_line":"Sales territory","url":"\/4.1-503\/","token":"4.1\/I\/5\/4.1-503","metadata":false},{"id":76675,"structure_id":13131,"section_number":"4.1-504","catch_line":"Sale of brewery","url":"\/4.1-504\/","token":"4.1\/I\/5\/4.1-504","metadata":false},{"id":64225,"structure_id":13131,"section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/","token":"4.1\/I\/5\/4.1-505","metadata":false},{"id":68432,"structure_id":13131,"section_number":"4.1-506","catch_line":"Notice of intent to terminate","url":"\/4.1-506\/","token":"4.1\/I\/5\/4.1-506","metadata":false},{"id":82189,"structure_id":13131,"section_number":"4.1-507","catch_line":"Transfer of business","url":"\/4.1-507\/","token":"4.1\/I\/5\/4.1-507","metadata":false},{"id":54162,"structure_id":13131,"section_number":"4.1-508","catch_line":"Remedies","url":"\/4.1-508\/","token":"4.1\/I\/5\/4.1-508","metadata":false},{"id":63316,"structure_id":13131,"section_number":"4.1-509","catch_line":"Board proceedings and appellate review","url":"\/4.1-509\/","token":"4.1\/I\/5\/4.1-509","metadata":false},{"id":84856,"structure_id":13131,"section_number":"4.1-509.1","catch_line":"Board proceedings; contemplated actions by brewery or wholesaler","url":"\/4.1-509.1\/","token":"4.1\/I\/5\/4.1-509.1","metadata":false},{"id":79517,"structure_id":13131,"section_number":"4.1-510","catch_line":"Price of product","url":"\/4.1-510\/","token":"4.1\/I\/5\/4.1-510","metadata":false},{"id":84245,"structure_id":13131,"section_number":"4.1-511","catch_line":"Increase of prices","url":"\/4.1-511\/","token":"4.1\/I\/5\/4.1-511","metadata":false},{"id":55929,"structure_id":13131,"section_number":"4.1-512","catch_line":"Retaliatory action prohibited","url":"\/4.1-512\/","token":"4.1\/I\/5\/4.1-512","metadata":false},{"id":69761,"structure_id":13131,"section_number":"4.1-513","catch_line":"Management","url":"\/4.1-513\/","token":"4.1\/I\/5\/4.1-513","metadata":false},{"id":82770,"structure_id":13131,"section_number":"4.1-514","catch_line":"Discrimination prohibited","url":"\/4.1-514\/","token":"4.1\/I\/5\/4.1-514","metadata":false},{"id":81269,"structure_id":13131,"section_number":"4.1-515","catch_line":"Waiver prohibited; conflicts of laws","url":"\/4.1-515\/","token":"4.1\/I\/5\/4.1-515","metadata":false},{"id":72076,"structure_id":13131,"section_number":"4.1-516","catch_line":"Right of free association","url":"\/4.1-516\/","token":"4.1\/I\/5\/4.1-516","metadata":false},{"id":77573,"structure_id":13131,"section_number":"4.1-517","catch_line":"Reasonableness and good faith","url":"\/4.1-517\/","token":"4.1\/I\/5\/4.1-517","metadata":false}],"next_section":{"id":83515,"structure_id":13131,"section_number":"4.1-501","catch_line":"Applicability","url":"\/4.1-501\/","token":"4.1\/I\/5\/4.1-501","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-500\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 579 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. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1985, chapter 549; in 1987, chapter 247; in 1991, chapter 628; in 1993, chapter 866; in 1997, chapter 801<\/a>.<\/p>","references":[{"id":74830,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","order_by":null,"url":"\/4.1-218\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"}],"refers_to":[{"id":74830,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","order_by":null,"url":"\/4.1-218\/"},{"id":76675,"section_number":"4.1-504","catch_line":"Sale of brewery","order_by":null,"url":"\/4.1-504\/"}],"permalink":{"id":219339,"object_type":"law","relational_id":54985,"identifier":"4.1-500","token":"4.1\/I\/5\/4.1-500","url":"\/4.1-500\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-500\/","token":"4.1\/I\/5\/4.1-500","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-500","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement<\/span>” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery<\/span> and beer<\/span> wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery<\/span>’s brands<\/span> of beer<\/span>. The doing or accomplishment of any of the following acts shall constitute prima facie evidence<\/span> of an agreement<\/span> within the meaning of this definition:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The shipment, preparation for shipment or acceptance of any order<\/span> by any brewery<\/span> for any beer<\/span> to a beer<\/span> wholesaler within the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The payment by a beer<\/span> wholesaler and the acceptance of payment by any brewery for the shipment of an order<\/span> of beer<\/span> intended for sale<\/span> in the Commonwealth.\n\t\t\t“Beer<\/span> wholesaler,” “wholesaler,” “beer<\/span> distributor<\/span>,” and “distributor<\/span>” mean any wholesale beer<\/span> licensee<\/span>, including any successor-in-interest to such person<\/span>, within the Commonwealth offering beer<\/span> for sale<\/span> or resale to retailers or other beer<\/span> wholesalers without regard to whether the business of the person<\/span> is conducted under the terms of an agreement<\/span> with a licensed<\/span> brewery.\n\t\t\t“Brand” means any word, name, group of letters, symbol or combination thereof adopted and used by a brewery to identify a specific malt beverage product and to distinguish that product from other beers<\/span> produced or marketed by that brewery or other breweries. The use of general corporate logos or symbols or the use of advertising messages, whether appearing on the product packaging or elsewhere, shall not be considered to be a brand, brand extension<\/span>, or part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension<\/span>” and “extension of a brand<\/span>” mean any brand, which incorporates all or a substantial part of the unique features of a preexisting brand of the same brewery and which relies to a significant extent on the goodwill associated with such preexisting brand.\n\t\t\t“Brewery” means every person<\/span>, including any authorized representative of such person<\/span> pursuant to § 4.1-218<\/a> which (i) is licensed<\/span> as a brewery located within the Commonwealth, (ii) holds a beer<\/span> importer’s license and is not simultaneously licensed<\/span> as a beer<\/span> wholesaler, or (iii) manufactures any malt beverage, has title to any malt beverage products excluding licensed<\/span> Virginia wholesalers and retailers or has the contractual right to distribute under its own brand any malt beverage product whether licensed<\/span> in the Commonwealth or not, who enters into an agreement<\/span> with any beer<\/span> wholesaler licensed<\/span> to do business in the Commonwealth.\n\t\t\t“Dual distributorships<\/span>” means the existence of agreements<\/span> between a single brewery and more than one wholesaler in a given territory as the result of a purchase of another brewery.\n\t\t\t“Nonsurviving brewery<\/span>” means any brewery which is purchased by another brewery as provided in § 4.1-504<\/a> and, as a result, ceases to exist as an independent legal entity.\n\t\t\t“Person<\/span>” means a natural person<\/span>, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons<\/span> in active control of the activities of each such entity. “Person<\/span>” also includes heirs, assigns, personal representatives and conservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale<\/span> of stock, sale<\/span> of assets<\/span>, merger, lease, transfer or consolidation<\/span>.\n\t\t\t“Surviving brewery<\/span>” means a brewery which purchases a nonsurviving brewery<\/span> as provided in § 4.1-504<\/a>.\n\t\t\t“Territory” or “sales territory<\/span>” means the area of sales responsibility within the Commonwealth expressly or impliedly designated by any agreement<\/span> between any beer<\/span> wholesaler and brewery for the brand or brands<\/span> of any brewer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 4.1-500)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Agreement” means a commercial relationship, not required to be\nevidenced in writing, of definite or indefinite duration, between a brewery and\nbeer wholesaler pursuant to which the wholesaler has been authorized to\ndistribute one or more of the brewery’s brands of beer. The doing or\naccomplishment of any of the following acts shall constitute prima facie\nevidence of an agreement within the meaning of this definition:\n\n1. The shipment, preparation for shipment or acceptance of any order by any\nbrewery for any beer to a beer wholesaler within the Commonwealth.\n\n2. The payment by a beer wholesaler and the acceptance of payment by any brewery\nfor the shipment of an order of beer intended for sale in the Commonwealth.\n\t\t\t“Beer wholesaler,” “wholesaler,” “beer\ndistributor,” and “distributor” mean any wholesale beer\nlicensee, including any successor-in-interest to such person, within the\nCommonwealth offering beer for sale or resale to retailers or other beer\nwholesalers without regard to whether the business of the person is conducted\nunder the terms of an agreement with a licensed brewery.\n\t\t\t“Brand” means any word, name, group of letters, symbol or\ncombination thereof adopted and used by a brewery to identify a specific malt\nbeverage product and to distinguish that product from other beers produced or\nmarketed by that brewery or other breweries. The use of general corporate logos\nor symbols or the use of advertising messages, whether appearing on the product\npackaging or elsewhere, shall not be considered to be a brand, brand extension,\nor part thereof as these terms are used in this chapter.\n\t\t\t“Brand extension” and “extension of a brand” mean any\nbrand, which incorporates all or a substantial part of the unique features of a\npreexisting brand of the same brewery and which relies to a significant extent\non the goodwill associated with such preexisting brand.\n\t\t\t“Brewery” means every person, including any authorized\nrepresentative of such person pursuant to § 4.1-218 which (i) is licensed\nas a brewery located within the Commonwealth, (ii) holds a beer importer’s\nlicense and is not simultaneously licensed as a beer wholesaler, or (iii)\nmanufactures any malt beverage, has title to any malt beverage products\nexcluding licensed Virginia wholesalers and retailers or has the contractual\nright to distribute under its own brand any malt beverage product whether\nlicensed in the Commonwealth or not, who enters into an agreement with any beer\nwholesaler licensed to do business in the Commonwealth.\n\t\t\t“Dual distributorships” means the existence of agreements between\na single brewery and more than one wholesaler in a given territory as the result\nof a purchase of another brewery.\n\t\t\t“Nonsurviving brewery” means any brewery which is purchased by\nanother brewery as provided in § 4.1-504 and, as a result, ceases to exist\nas an independent legal entity.\n\t\t\t“Person” means a natural person, corporation, partnership, trust,\nagency, or other entity as well as the individual officers, directors or other\npersons in active control of the activities of each such entity.\n“Person” also includes heirs, assigns, personal representatives and\nconservators.\n\t\t\t“Purchase” includes, but is not limited to, the sale of stock,\nsale of assets, merger, lease, transfer or consolidation.\n\t\t\t“Surviving brewery” means a brewery which purchases a\nnonsurviving brewery as provided in § 4.1-504.\n\t\t\t“Territory” or “sales territory” means the area of\nsales responsibility within the Commonwealth expressly or impliedly designated\nby any agreement between any beer wholesaler and brewery for the brand or brands\nof any brewer.\n\nHISTORY: 1978, c. 579, \u00a7 4-118.4; 1985, c. 549; 1987, c. 247; 1991, c. 628;\n1993, c. 866; 1997, c. 801.","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}}