                                 CODE OF VIRGINIA

PERMITS REQUIRED IN CERTAIN INSTANCES (§ 4.1-212)

A. The Board may grant the following permits which shall authorize:

   1. Wine and beer salesmen representing any out-of-state wholesaler engaged in
   the sale of wine and beer, or either, to sell or solicit the sale of wine or
   beer, or both in the Commonwealth.

   2. Any person having any interest in the manufacture, distribution or sale of
   spirits or other alcoholic beverages to solicit any mixed beverage licensee,
   his agent, employee or any person connected with the licensee in any capacity
   in his licensed business to sell or offer for sale such spirits or alcoholic
   beverages.

   3. Any person to keep upon his premises alcoholic beverages that he is not
   authorized by any license to sell and which shall be used for culinary
   purposes only.

   4. Any person to transport lawfully purchased alcoholic beverages within, into
   or through the Commonwealth, except that no permit shall be required for any
   person shipping or transporting into the Commonwealth a reasonable quantity of
   alcoholic beverages when such person is relocating his place of residence to
   the Commonwealth in accordance with &#xA7; 4.1-311.

   5. Any person to keep, store, or possess any still or distilling apparatus for
   the purpose of distilling alcohol.

   6. The release of alcoholic beverages not under United States custom bonds or
   internal revenue bonds stored in Board approved warehouses for delivery to the
   Board or to persons entitled to receive them within or outside of the
   Commonwealth.

   7. The release of alcoholic beverages from United States customs bonded
   warehouses for delivery to the Board or to licensees and other persons
   enumerated in subsection B of &#xA7; 4.1-131.

   8. The release of alcoholic beverages from United States internal revenue
   bonded warehouses for delivery in accordance with subsection C of &#xA7;
   4.1-132.

   9. A secured party or any trustee, curator, committee, conservator, receiver
   or other fiduciary appointed or qualified in any court proceeding, to continue
   to operate under the licenses previously issued to any deceased or other
   person licensed to sell alcoholic beverages for such period as the Board deems
   appropriate.

   10. The one-time sale of lawfully acquired alcoholic beverages belonging to
   any person, or which may be a part of such person&#8217;s estate, including a
   judicial sale, estate sale, sale to enforce a judgment lien or liquidation
   sale to satisfy indebtedness secured by a security interest in alcoholic
   beverages, by a sheriff, personal representative, receiver or other officer
   acting under authority of a court having jurisdiction in the Commonwealth, or
   by any secured party as defined in subdivision (a)(73) of &#xA7; 8.9A-102 of
   the Virginia Uniform Commercial Code. Such sales shall be made only to persons
   who are licensed or hold a permit to sell alcoholic beverages in the
   Commonwealth or to persons outside the Commonwealth for resale outside the
   Commonwealth and upon such conditions or restrictions as the Board may
   prescribe.

   11. Any person who purchases at a foreclosure, secured creditor&#8217;s or
   judicial auction sale the premises or property of a person licensed by the
   Board and who has become lawfully entitled to the possession of the licensed
   premises to continue to operate the establishment to the same extent as a
   person holding such licenses for a period not to exceed 60 days or for such
   longer period as determined by the Board. Such permit shall be temporary and
   shall confer the privileges of any licenses held by the previous owner to the
   extent determined by the Board. Such temporary permit may be issued in
   advance, conditioned on the above requirements.

   12. The storage of lawfully acquired alcoholic beverages not under customs
   bond or internal revenue bond in warehouses located in the Commonwealth.

   13. The storage of wine by a licensed winery or farm winery under internal
   revenue bond in warehouses located in the Commonwealth.

   14. Any person to conduct tastings in accordance with &#xA7; 4.1-201.1,
   provided that such person has filed an application for a permit in which the
   applicant represents (i) that he or she is under contract to conduct such
   tastings on behalf of the alcoholic beverage manufacturer or wholesaler named
   in the application; (ii) that such contract grants to the applicant the
   authority to act as the authorized representative of such manufacturer or
   wholesaler; and (iii) that such contract contains an acknowledgment that the
   manufacturer or wholesaler named in the application may be held liable for any
   violation of &#xA7; 4.1-201.1 by its authorized representative. A permit
   issued pursuant to this subdivision shall be valid for at least one year,
   unless sooner suspended or revoked by the Board in accordance with &#xA7;
   4.1-229.

   15. Any person who, through contract, lease, concession, license, management
   or similar agreement (hereinafter referred to as the contract), becomes
   lawfully entitled to the use and control of the premises of a person licensed
   by the Board to continue to operate the establishment to the same extent as a
   person holding such licenses, provided such person has made application to the
   Board for a license at the same premises. The permit shall (i) confer the
   privileges of any licenses held by the previous owner to the extent determined
   by the Board and (ii) be valid for a period of 120 days or for such longer
   period as may be necessary as determined by the Board pending the completion
   of the processing of the permittee&#8217;s license application. No permit
   shall be issued without the written consent of the previous licensee. No
   permit shall be issued under the provisions of this subdivision if the
   previous licensee owes any state or local taxes, or has any pending charges
   for violation of this subtitle or any Board regulation, unless the permittee
   agrees to assume the liability of the previous licensee for the taxes or any
   penalty for the pending charges. An application for a permit may be filed
   prior to the effective date of the contract, in which case the permit when
   issued shall become effective on the effective date of the contract. Upon the
   effective date of the permit, (a) the permittee shall be responsible for
   compliance with the provisions of this subtitle and any Board regulation and
   (b) the previous licensee shall not be held liable for any violation of this
   subtitle or any Board regulation committed by, or any errors or omissions of,
   the permittee.

   16. Any sight-seeing carrier or contract passenger carrier as defined in
   &#xA7; 46.2-2000 transporting individuals for compensation to a winery,
   brewery, or restaurant, licensed under this chapter and authorized to conduct
   tastings, to collect the licensee&#8217;s tasting fees from tour participants
   for the sole purpose of remitting such fees to the licensee.

   17. Any tour company guiding individuals for compensation on a walking tour to
   one or more establishments licensed to sell alcoholic beverages at retail for
   on-premises consumption to collect as one fee from tour participants (i) the
   licensee&#8217;s fee for the alcoholic beverages served as part of the tour,
   (ii) a fee for any food offered as part of the tour, and (iii) a fee for the
   walking tour service. The tour company shall remit to the licensee any fee
   collected for the alcoholic beverages and any food served as part of the tour.
   The tour company shall ensure that (a) each tour includes no more than 15
   participants per tour guide and no more than three tour guides, (b) a tour
   guide is present with the participants throughout the duration of the tour,
   and (c) all participants are persons to whom alcoholic beverages may be
   lawfully sold.

B. Nothing in subdivision 9, 10, or 11 shall authorize any brewery, winery or
affiliate or a subsidiary thereof which has supplied financing to a wholesale
licensee to manage and operate the wholesale licensee in the event of a default,
except to the extent authorized by subdivision B 3 a of &#xA7; 4.1-216.

HISTORY: Code 1950, §§ 4-26, 4-59, 4-61.2, 4-72, 4-77, 4-86; 1950, p. 879;
1954, cc. 21, 351; 1962, c. 200, § 4-84.1; 1968, c. 7, § 4-98.16; 1972, cc.
138, 717; 1974, c. 460, § 4-72.1; 1975, c. 480; 1976, c. 696; 1978, c. 436;
1984, c. 53; 1986, c. 190; 1988, c. 786; 1990, cc. 442, 773; 1993, cc. 221, 866;
1994, cc. 825, 826; 1997, c. 801; 2003, c. 564; 2006, c. 826; 2008, c. 453;
2012, c. 155; 2014, c. 617; 2017, c. 675; 2020, cc. 386, 816, 1113, 1114; 2022,
c. 201.