Bill Text: VA HB1595 | 2020 | Regular Session | Introduced
Bill Title: Alcoholic beverage control; transfer of wine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-23 - Stricken from docket by General Laws (22-Y 0-N) [HB1595 Detail]
Download: Virginia-2020-HB1595-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §4.1-327 of the Code of Virginia is amended and reenacted as follows:
§4.1-327. Prohibiting transfer of wine or beer by licensees; penalty.
A. No retail licensee, except (i) a retail on-premises wine
and beer licensee or, (ii) a retail on-premises
beer licensee, or (iii) subject to the requirements
set forth in subsection B, a retail
off-premises or on-and-off-premises wine and beer licensee
shall transfer any wine or beer from one licensed place of business to another
licensed place of business whether such places of business are under the same
ownership or not.
B. A retail off-premises or on-and-off-premises wine and beer licensee may transfer wine from one licensed place of business to another licensed place of business, provided that:
1. The transferring and receiving licensees are under common ownership or control and the transfer is made for the purpose of balancing inventory, correcting shipment errors, or other similar business practices;
2. The transferring licensee is involved in no more than one transfer as transferor in any three-month period;
3. No more than 100 cases of wine are transferred in any three-month period;
4. The transferring and receiving licensees are located in the assigned sales territory of the distributor that sold the wine to be transferred to the transferring licensee;
5. Prior to the transfer, the transferring licensee obtains a permit from the Board to authorize the transfer;
6. Prior to or contemporaneous with the transfer, the transferring licensee provides notice in writing or in a verifiable electronic format to each distributor that distributes the product to be transferred within the applicable sales territory, identifying (i) the transferring and receiving licensees, (ii) the date of the transfer, and (iii) the type and quantity of wine transferred; and
7. Following the transfer, the transferring licensee provides to the Board a statement of permit compliance, signed by both the transferring and receiving licensees.
C. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.
