3VAC5-70-10. Transportation of alcoholic beverages; noncommercial permits; commercial carrier permits; refusal, suspension or revocation of permits; exceptions; out-of-state limitation not affected.
A. The transportation within or through this Commonwealth of alcoholic beverages lawfully purchased within this Commonwealth is prohibited, except upon a permit issued by the board, when in excess of the following limits:
1. Wine and beer. No limitation.
2. Alcoholic beverages other than those described in
subdivision 1 of this subsection. Three gallons; provided, however, that
not more than one gallon thereof shall be in containers containing less than
1/5 of a gallon.
If any part of the alcoholic beverages being transported is contained in a metric-sized container, the three-gallon limitation shall be construed to be 12 liters, and not more than four liters shall be in containers smaller than 750 milliliters.
The transportation within, into, or through this Commonwealth of alcoholic beverages lawfully purchased outside of this Commonwealth is prohibited, except upon a permit issued by the board, when in excess of the following limits:
Alcoholic beverages, including wine and beer. One gallon (four liters if any part is in a metric-sized container).
If satisfied that the proposed transportation is otherwise lawful, the board shall issue a transportation permit, which shall accompany the alcoholic beverages at all times to the final destination.
B. Commercial carriers desiring to engage regularly in the
transportation of alcoholic beverages within, into, or through this
Commonwealth shall, except as hereinafter noted,
file application in writing
for a transportation permit obtain a transportation permit from the
board or otherwise possess acceptable documentation as required by the
A transportation permit may be obtained by filing an
application in writing upon forms furnished by the board. If satisfied that
the proposed transportation is otherwise lawful, the board shall issue a
transportation permit. Such permit shall not be transferable and shall
authorize the carrier to engage in the regular transportation of alcoholic
beverages upon condition that there shall accompany each such transporting
: 1. A a bill of lading or other memorandum describing the
alcoholic beverages being transported , and showing the names and
addresses of the consignor and consignee, who shall be lawfully entitled to make
and to receive the shipment ; and 2. Except for express companies and
carriers by rail or air, a certified photocopy of the carrier's transportation
permit. Such a bill of lading or other memorandum may serve as a
transportation permit so long as it is made available for inspection to special
agents of the board or any law-enforcement officer upon request.
C. The board may refuse, suspend, or revoke a carrier's
transportation permit, including the use of a bill of lading or other
memorandum as a transportation permit as provided in subsection B of this
section, if it shall have reasonable cause to believe that alcoholic
beverages have been illegally transported by such carrier or that such carrier
has violated any condition of a permit. Before refusing, suspending, or
revoking such permit, the board shall accord the carrier involved the same
, and opportunity to be heard , and follow the same
administrative procedures accorded an applicant or licensee under Title 4.1 of
the Code of Virginia.
D. There shall be exempt from the requirements of this section:
1. Common carriers by water engaged in transporting lawfully acquired alcoholic beverages for a lawful consignor to a lawful consignee;
2. Persons transporting wine, beer, or cider purchased from the board or a licensee;
3. Persons transporting alcoholic beverages
may be manufactured and sold without a license;
4. A licensee transporting lawfully acquired alcoholic beverages he is authorized to sell in a vehicle owned or leased by the licensee;
5. Persons transporting alcoholic beverages to the board, or to licensees, provided that a bill of lading or a complete and accurate memorandum accompanies the shipment, and provided further, in the case of the licensee, that the merchandise is such as his license entitles him to sell;
6. Persons transporting alcoholic beverages as a part of their official duties as federal, state, or municipal officers or employees; and
7. Persons transporting lawfully acquired alcoholic beverages
in a passenger vehicle, other than those alcoholic beverages referred to in
subdivisions D 2 and D 3 of this section, provided the same are in the
possession of the bona fide owners thereof
, and that no occupant of the
vehicle possesses any alcoholic beverages in excess of the maximum limitations
set forth in subsection A of this section.
E. This section shall not be construed to alter the one-gallon
(four liters if any part is in a metric-sized container) limitation upon
which that may be brought into the
Commonwealth pursuant to § 4.1-310 E of the Code of Virginia.