                                 CODE OF VIRGINIA

CONDUCT NOT PROHIBITED BY THIS SUBTITLE; LIMITATION (§ 4.1-201)

A. Nothing in this subtitle or any Board regulation adopted pursuant thereto
shall prohibit:

   1. Any club licensed under this chapter from keeping for consumption by its
   members any alcoholic beverages lawfully acquired by such members, provided
   the alcoholic beverages are not sold, dispensed or given away in violation of
   this subtitle.

   2. Any person from having grain, fruit or fruit products and any other
   substance, when grown or lawfully produced by him, distilled by any distillery
   licensee, and selling the distilled alcoholic beverages to the Board or
   selling or shipping them to any person outside of the Commonwealth in
   accordance with Board regulations. However, no alcoholic beverages so
   distilled shall be withdrawn from the place where distilled except in
   accordance with Board regulations.

   3. Any person licensed to manufacture and sell, or either, in the Commonwealth
   or elsewhere, alcoholic beverages other than wine or beer, from soliciting and
   taking orders from the Board for such alcoholic beverages.

   4. The receipt by a person operating a licensed brewery of deliveries and
   shipments of beer in closed containers 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 &#xA7; 4.1-216, (iii)
   owners of boats registered under the laws of the United States sailing for
   ports of call of a foreign country or another state, and (iv) persons outside
   the Commonwealth for resale outside the Commonwealth.

   5. The granting of any retail license to a brewery, 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. 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.

   7. 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.

   8. 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.

   9. 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 &#xA7; 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. 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.

   11. 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, &#8220;service items&#8221; 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. 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.

   13. 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.

   14. 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.

   15. 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.

   16. 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.

B. No deliveries or shipments of alcoholic beverages to persons outside the
Commonwealth for resale outside the Commonwealth shall be made into any state
the laws of which prohibit the consignee from receiving or selling the same.

HISTORY: Code 1950, § 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.