Virginia Law

A. The transportation within or through the Commonwealth of alcoholic beverages lawfully purchased within the Commonwealth is prohibited, except upon a permit issued by the Virginia Alcoholic Beverage Control Authority (authority), 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.

The transportation within, into, or through the Commonwealth of alcoholic beverages lawfully purchased outside the Commonwealth is prohibited, except upon a permit issued by the authority, when in excess of the following limits:

Alcoholic beverages, including wine and beer. Three gallons.

If satisfied that the proposed transportation is otherwise lawful, the authority 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 the Commonwealth shall, except as noted in this subsection, obtain a transportation permit from the authority or otherwise possess acceptable documentation as required by the following provisions.

A transportation permit may be obtained by filing an application in writing upon forms furnished by the authority. If satisfied that the proposed transportation is otherwise lawful, the authority 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 transporting vehicle 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. The 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 authority or any law-enforcement officer upon request.

C. The authority 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, for any reason that it may refuse to issue, suspend, or revoke a license. Before refusing, suspending, or revoking such permit, the authority shall accord the carrier involved the same notice 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. This section shall not apply to the following:

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, cider, or spirits purchased from the authority or a licensee;

3. Persons transporting alcoholic beverages that may be manufactured without a license;

4. A licensee transporting lawfully acquired alcoholic beverages the licensee is authorized to sell in a vehicle owned or leased by the licensee;

5. Persons transporting alcoholic beverages to the authority, or to licensees, provided that a bill of lading or a complete and accurate memorandum accompanies the shipment and, in the case of the licensee, that the merchandise is merchandise that the license entitles the licensee to sell;

6. Persons transporting alcoholic beverages as a part of their official duties as federal, state, or municipal officers or employees;

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 that the alcoholic beverages are in the possession of the bona fide owners 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; and

8. Persons transporting lawfully acquired samples of alcoholic beverages not meant for consumption or resale within, into, or through the Commonwealth to federally or state-certified laboratories.

E. This section shall not be construed to alter the three-gallon limitation upon alcoholic beverages that may be brought into the Commonwealth pursuant to § 4.1-311 B of the Code of Virginia.