                                 CODE OF VIRGINIA

DELIVERY OF WINE AND BEER; KEGS; REGULATIONS OF BOARD (§ 4.1-212.1)

A. Any brewery, winery, or farm winery located within or outside the
Commonwealth that is authorized to engage in the retail sale of wine or beer for
off-premises consumption may deliver the brands of beer, wine, and farm wine
produced by the same brewery, winery, or farm winery in closed containers to
consumers within the Commonwealth for personal off-premises consumption.

B. Any person licensed to sell wine and beer at retail for off-premises
consumption in the Commonwealth, and who is not a brewery, winery, or farm
winery, may deliver the brands of beer, wine, and farm wine it is authorized to
sell in closed containers to consumers within the Commonwealth for personal
off-premises consumption. Notwithstanding any provision of law to the contrary,
such deliveries may be made to (i) a person&#8217;s vehicle if located in a
designated parking area of the licensee&#8217;s premises where such person has
electronically ordered beer, wine, or farm wine in advance of the delivery or
(ii) such other locations as may be permitted by Board regulation.

C. Any person located outside the Commonwealth who is authorized to sell wine or
beer at retail for off-premises consumption in its state of domicile, and who is
not a brewery, winery, or farm winery, may apply for a delivery permit that
shall authorize the delivery of any brands of beer, wine, and farm wine it is
authorized to sell in its state of domicile, in closed containers, to consumers
within the Commonwealth for personal off-premises consumption.

D. Any person licensed to sell mixed beverages at retail for off-premises
consumption in the Commonwealth may deliver any mixed beverages it is authorized
to sell in closed containers to consumers within the Commonwealth for personal
off-premises consumption. Notwithstanding any provision of law to the contrary,
such deliveries may be made to (i) a person&#8217;s vehicle if located in a
designated parking area of the licensee&#8217;s premises where such person has
electronically ordered mixed beverages in advance of the delivery or (ii) such
other locations as may be permitted by Board regulation.

E. Any distiller that has been appointed as an agent of the Board pursuant to
subsection D of &#xA7; 4.1-119 may deliver to consumers within the Commonwealth
for personal consumption any alcoholic beverages the distiller is authorized to
sell through organized tasting events in accordance with subsection G of &#xA7;
4.1-119 and Board regulations. Notwithstanding any provision of law to the
contrary, such deliveries may be made to (i) a person&#8217;s vehicle if located
in a designated parking area of the licensee&#8217;s premises where such person
has electronically ordered mixed beverages in advance of the delivery or (ii)
such other locations as may be permitted by Board regulation.

F. All deliveries made pursuant to this section shall be to consumers within the
Commonwealth for personal consumption only and not for resale. Such deliveries
shall be performed by either (i) the owner or any officer, director,
shareholder, or employee of the licensee or permittee or (ii) a third-party
delivery licensee pursuant to &#xA7; 4.1-212.2. The licensee performing the
delivery shall be liable for any administrative violations of this section or
&#xA7; 4.1-304 committed during transport through completion of the delivery.
Alcoholic beverages shall not be delivered after 11:00 p.m. or before 6:00 a.m.
Only one individual may take possession of the alcoholic beverages during the
course of the delivery. No more than four cases of wine nor more than four cases
of beer may be delivered at one time to any person in Virginia to whom alcoholic
beverages may be lawfully sold, except that the licensee or permittee may
deliver more than four cases of wine or more than four cases of beer if he
notifies the Authority in writing at least one business day in advance of any
such delivery, which notice contains the name and address of the intended
recipient. Except as otherwise provided in this subtitle, alcoholic beverages
sold for off-premises consumption or delivered pursuant to this section that are
not in the manufacturer&#8217;s original sealed container shall (a) be enclosed
in a container that has no straw holes or other openings and is sealed in a
manner that allows a person to readily discern whether the container has been
opened or tampered with subsequent to its original closure; (b) display the name
of the licensee from which the alcoholic beverages were purchased; (c) be
clearly marked with the phrase &#8220;contains alcoholic beverages&#8221;; (d)
in the case of wine, beer, or, if purchased from a mixed beverage restaurant or
limited mixed beverage restaurant licensee, mixed beverages, have a maximum
volume of 16 ounces per beverage; and (e) during delivery, be stored (1) in the
trunk of the vehicle, (2) in an area that is rear of the driver&#8217;s seat,
(3) in a locked container or compartment, or (4) in the case of delivery by
bicycle, in a compartment behind the bicyclist.
			The Board may adopt such regulations as it reasonably deems necessary to
implement the provisions of this section. Such regulations shall include
provisions that require (A) the recipient to demonstrate, upon delivery, that he
is at least 21 years of age and (B) the recipient to sign an electronic or paper
form or other acknowledgement of receipt as approved by the Board.

G. In addition to other applicable requirements set forth in this section, the
following provisions shall apply to the sale of mixed beverages for off-premises
consumption and the delivery of mixed beverages pursuant to this section:

   1. No distiller shall sell for off-premises consumption or deliver more than
   two mixed beverages at any one time;

   2. All mixed beverages sold for off-premises consumption or delivered by a
   mixed beverage restaurant or limited mixed beverage restaurant licensee shall
   contain at least one mixer; and

   3. Mixed beverage restaurant and limited mixed beverage restaurant licensees
   shall serve at least one meal, as defined pursuant to this subtitle and Board
   regulations, with every off-premises mixed beverage sale. Each meal shall
   permit up to two mixed beverages to be sold for off-premises consumption or
   delivered. In any event, no mixed beverage restaurant or limited mixed
   beverage restaurant licensee may sell for off-premises consumption or deliver
   more than four mixed beverages at any one time.
   				The Board may summarily revoke a licensee&#8217;s privileges to sell or
   deliver mixed beverages for off-premises consumption for noncompliance with
   the provisions of this section or &#xA7; 4.1-225 or 4.1-325. Any summary
   revocation by the Board pursuant to this paragraph (i) shall not be subject to
   the provisions of &#xA7; 4.1-227, (ii) shall not be subject to appeal, and
   (iii) shall become effective upon personal service of the notice of summary
   revocation to the licensee or upon the fourth business day after such notice
   is mailed to the licensee&#8217;s residence or the address listed for the
   licensed premises on the initial license application.

H. For purposes of &#xA7;&#xA7; 4.1-234 and 4.1-236 and Chapter 6 (&#xA7;
58.1-600 et seq.) of Title 58.1, each delivery of wine, beer, or mixed beverages
by a licensee or permittee shall constitute a sale in Virginia. The licensee or
permittee 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, if such taxes have not already been paid.

I. Any manufacturer or retailer who is licensed to sell wine, beer, or both for
off-premises consumption may sell such wine or beer in kegs, subject to any
limitations imposed by Board regulation. The Board may impose a fee for keg
registration seals. For purposes of this subsection, &#8220;keg registration
seal&#8221; means any document, stamp, declaration, seal, decal, sticker, or
device that is approved by the Board, designed to be affixed to kegs, and
displays a registration number and such other information as may be prescribed
by the Board.

HISTORY: 2007, cc. 99, 799; 2015, cc. 38, 730; 2019, c. 706; 2020, cc. 1113,
1114; 2021, Sp. Sess. I, cc. 281, 282; 2022, cc. 78, 79; 2024, cc. 105, 159;
2025, cc. 233, 240.