3 Va. Admin. Code § 5-70-60

Current through Register Vol. 41, No. 8, December 2, 2024

Section 3VAC5-70-60 - Alcoholic beverages for hospitals, industrial and manufacturing users; permits; fees; storage; suspension or revocation

A. The Virginia Alcoholic Beverage Control Authority (authority) may issue a yearly permit authorizing the shipment and transportation direct to the permittee of orders placed by the authority for alcohol or other alcoholic beverages for any of the following purposes:

1. For industrial purposes pursuant to a permit issued under 3VAC5-70-200;

2. For scientific research or analysis;

3. For manufacturing articles allowed to be manufactured under the provisions of § 4.1-200 of the Code of Virginia; or

4. For use in a hospital or home for the aged (alcohol only).

Upon receipt of alcohol or other alcoholic beverages, one copy of the bill of lading or shipping invoice, accurately reflecting the date received and complete and accurate records of the transaction, shall be forwarded to the authority by the permittee.

The application for such permits shall be on forms provided by the authority.

B. Applications for alcohol shall be accompanied by an application fee in the amount of $50 and permit fee in the amount of $50. Applications for other alcoholic beverages shall be accompanied by a fee of 5.0% of the delivered cost to the place designated by the permittee. No fee shall be charged to agencies of the United States or of the Commonwealth of Virginia or eleemosynary institutions.

C. A person obtaining a permit under this section shall:

1. Store such alcohol or alcoholic beverages in a secure place upon the premises designated in the application separate and apart from any other articles kept on such premises;

2. Maintain accurate records of receipts and withdrawals of alcohol and alcoholic beverages at the permittee's place of business for a period of two years; and

3. Furnish to the authority, within 10 days after the end of the calendar year for which the person was designated a permittee, a statement setting forth the amount of alcohol or alcoholic beverages on hand at the beginning of the previous calendar year, the amount purchased during the year, the amount withdrawn during the year, and the amount on hand at the end of the year.

D. The authority may refuse to designate a person as a permittee if the authority has reasonable cause to believe either that the alcohol or alcoholic beverages would be used for an unlawful purpose or that any cause exists under § 4.1-222 of the Code of Virginia for which the authority might refuse to grant the applicant any license.

E. The authority may suspend or revoke the designation as a permittee if the authority has reasonable cause to believe that the permittee has used or allowed to be used any alcohol or alcoholic beverages obtained under the provisions of this section for any purpose other than those permitted under the Code of Virginia or that the permittee has done any other act for which the authority might suspend or revoke a license under § 4.1-225 of the Code of Virginia.

F. The authority and its special agents shall have free access during reasonable hours to all places of storage and records required to be kept pursuant to this section for the purpose of inspection and examining such place and such records.

3 Va. Admin. Code § 5-70-60

Derived from VR125-01-7 §6, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Amended, Virginia Register Volume 40, Issue 20, eff. 7/5/2024.

Statutory Authority: §§ 4.1-103, 4.1-111, and 4.1-204 of the Code of Virginia.