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Shipping beer to Virginia

License to self-distribute: Yes

Va. Code Ann. § 4.1-208

The Board may grant the following licenses relating to beer: 1.  Brewery licenses, which shall authorize the licensee to manufacture beer and to sell and deliver or ship the beer so manufactured, in accordance with Board regulations, in closed containers to (i) persons licensed to sell the beer at wholesale; (ii) persons licensed to sell beer at retail for the purpose of resale within a theme or amusement park owned and operated by the brewery or a parent, subsidiary or a company under common control of such brewery, or upon property of such brewery or a parent, subsidiary or a company under common control of such brewery contiguous to such premises, or in a development contiguous to such premises owned and operated by such brewery or a parent, subsidiary or a company under common control of such brewery; and (iii) persons outside the Commonwealth for resale outside the Commonwealth. Such license shall also authorize the licensee to sell at retail the brands of beer that the brewery owns at premises described in the brewery license for on-premises consumption and in closed containers for off-premises consumption.

Shipping beer to Virginia is legal, however, you must do the following:

Shipper’s License

Virginia ABC is authorized to issue a shipper’s license to persons licensed in their state of domicile as:

  • Winery
  • Farm winery
  • Brewery
  • Or persons authorized to sell wine and beer at retail for off-premise consumption

Fees

  • Wine shipper’s license: $95.00
  • Beer shipper’s license: $95.00
  • Wine and beer shipper’s license: $95.00
  • A nonrefundable application fee of $65.00 is required to be submitted with the application for a license.

Privileges

The sale and shipment into or within the Commonwealth of no more than two cases of wine or two cases of beer per month to any person in the Commonwealth to whom alcoholic beverages may be lawfully sold for personal consumption and not for resale.

A case of wine is defined as any combination of packages containing not more than nine liters of wine. A case of beer is defined as any combination of packages containing not more than 288 ounces of beer.

Application Process

In addition to completing the standard Virginia ABC license application (PDF)—no posting and publishing requirements necessary—all applicants for shipper’s application must:

  • Submit copy of charter status for a corporation or limited liability company.
  • Submit copy of articles of incorporation or organization.
  • Submit copies of federal/state licenses or permits that authorize the applicant to manufacture wine and/or beer (wineries, breweries or farm wineries).
  • Submit copies of state licenses that authorize the sale of wine and/or beer at retail.
  • Submit list of brands of wine/beer that applicant will ship.
  • Any winery, farm winery or brewery must notify any wholesalers licensed in Virginia to distribute their brands that an application for a shipper’s license has been filed. Send ABC a copy of the letter, or a letter stating you have no wholesalers in Virginia.
  • Have a Virginia state sales tax number. You may apply online at www.tax.virginia.gov.
  • Submit copies of federal label approvals for any products to be shipped into Virginia that do not have Virginia label approvals.
  • Applicants for shipper’s license who do not own or have rights to control the distribution of the wine/beer identified in the application must provide written consent of the winery, farm winery or brewery whose brands will be shipped.

Please note: Posting and publishing of notice to apply for a license is not required for a shipper’s license. Criminal background checks are no longer required for a shipper’s license as well.

Conditions/Restrictions

All shipments shall be made only by common carriers approved by Virginia ABC (see below). All wine/beer shipped into the Commonwealth shall be approved for sale in Virginia by Virginia ABC.

Reporting Requirements and Forms

All shippers’ licensees shall keep complete, accurate and separate records of wine and/or beer products sold and shipped to persons in the Commonwealth. Licensees shall remit on a monthly basis to Virginia ABC an accurate account stating whether any wine or beer products were shipped, and if so, the quantities and the price charged. Such report shall also include the name and addresses of the purchasers to whom wine and/or beer was shipped.

Shippers’ licensees on a monthly basis shall, on forms prescribed by the Virginia ABC, report the quantities of wine and/or beer sold and shipped into or within the Commonwealth and remit the appropriate excise tax to the Virginia ABC. This report and remittance shall be required on alcoholic beverages in which the Virginia wine and beer excise taxes have not already been paid. (Virginia-licensed retailers are not required to submit excise taxes since those taxes are remitted by the wholesaler at the point of transfer to retail, but are still required to submit the reports).

Direct shipper’s report, with instructions (PDF)
Direct shipper’s report, instructions only (PDF)

Common Carrier Approval

Submit on company letterhead a written request to be an approved common carrier of wine and/or beer shipped by holders of a Virginia ABC shipper’s license, as well as evidence of approval as an interstate common carrier, to the attention of the Virginia ABC Tax Management Section.

Include contact person’s name, complete address of the company, telephone number, fax number and email address.
Also include a statement that, as a common carrier, you are aware of the requirement that common carriers are required to file a monthly report to Virginia ABC of all shipments to individual consumers in Virginia.
Approved common carriers shall refuse delivery when the proposed recipient appears to be under the age of 21 years and refuses to present valid identification.

Reporting

Approved common carriers shall keep complete, accurate and separate records of wine and/or beer products delivered to persons in the Commonwealth.

Approved common carriers on a monthly basis shall, on forms prescribed by Virginia ABC, report the quantities of wine and/or beer delivered into or within the Commonwealth. Such report shall also include the name and address of the purchasers to whom wine and/or beer was delivered.

Common carrier’s monthly reporting form (PDF), requires legal-sized paper (8.5 x 14 inches) for printing.7 V.S.A. § 230

(a)  . . . However, a manufacturer of malt beverages may have a financial interest in the business of a first or second class license, and a first or second class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided a first or second class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest . . .

Virginia Beer Shipping Permit

Virginia Department of Alcoholic Beverage Control
VA ABC’s main office:
2901 Hermitage Road
Richmond, VA 23220

VA ABC’s mailing address:
Virginia Dept. of Alcoholic Beverage Control
P. O. Box 27491
Richmond, Virginia 23261
Phone: 804/213-4413
Fax: 804/213-4415

Phone for permit to import personal alcohol: 804/ 219-2039

Now that you’ve learned that you can sell your beer online and distribute it throughout the country, click below to start selling your craft beer online today!

how to sell beer online

*Disclaimer
In no way should this be interpreted as legal advice. Instead, it should be an additional resource in your own unique research. All materials have been prepared for general information purposes only to permit the reader to learn more about craft beer legal issues. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Always seek the advice of a competent attorney before drafting a contract, terminating a wholesaler, or initiating other legal action.