4.1-204 - Records of licensees; inspection of records and places of business.
§ 4.1-204. Records of licensees; inspection of records and places of business.
A. Manufacturers, bottlers or wholesalers. - Every licensed manufacturer,bottler or wholesaler shall keep complete, accurate and separate records inaccordance with Board regulations of all alcoholic beverages purchased,manufactured, bottled, sold or shipped by him, and the applicable taxrequired by § 4.1-234 or 4.1-236, if any.
B. Retailers. - Every retail licensee shall keep complete, accurate andseparate records, in accordance with Board regulations, of all purchases ofalcoholic beverages, the prices charged such licensee therefor, and the namesand addresses of the persons from whom purchased. Every retail licensee shallalso preserve all invoices showing his purchases for a period as specified byBoard regulations. He shall also keep an accurate account of daily sales,showing quantities of alcoholic beverages sold and the total price charged byhim therefor. Except as otherwise provided in subsection D, such account neednot give the names or addresses of the purchasers thereof, except as may berequired by Board regulation for the sale of alcoholic beverages in kegs. Inthe case of persons holding retail licenses which require sales of food todetermine their qualifications for such licenses, the records shall alsoinclude purchases and sales of food and nonalcoholic beverages.
C. Common carriers. - Common carriers of passengers by train, boat, orairplane shall keep records of purchases and sales of alcoholic beverages andfood as required by Board regulation.
D. Wine shippers and beer shippers. - Every wine shipper licensee and everybeer shipper licensee shall keep complete, accurate, and separate records inaccordance with Board regulations of all shipments of wine or beer to personsin the Commonwealth. Such licensees shall also remit on a monthly basis anaccurate account stating whether any wine, farm wine, or beer products weresold and shipped and, if so, stating the total quantities of wine and beersold and the total price charged for such wine and beer. Such records shallinclude the names and addresses of the purchasers to whom the wine and beeris shipped.
E. Delivery permittees. - Every holder of a delivery permit issued pursuantto § 4.1-212.1 shall keep complete, accurate, and separate records inaccordance with Board regulations of all deliveries of wine or beer topersons in the Commonwealth. Such permittees shall also remit on a monthlybasis an accurate account that sets forth the total quantities of wine andbeer sold and the total price charged for such wine and beer. Such recordsshall include the names and addresses of the purchasers to whom the wine andbeer is delivered. If no wine or beer was sold and delivered in any month,the permittee shall not be required to submit a report to the Board for thatmonth; however, every permittee must submit a report to the Board no lessfrequently than once every 12 months even if no sales or deliveries have beenmade in the preceding 12 months.
F. Inspection. - The Board and its special agents shall be allowed freeaccess during reasonable hours to every place in the Commonwealth and to thepremises of both (i) every wine shipper licensee and beer shipper licenseeand (ii) every delivery permittee wherever located where alcoholic beveragesare manufactured, bottled, stored, offered for sale or sold, for the purposeof examining and inspecting such place and all records, invoices and accountstherein. The Board may engage the services of alcoholic beverage controlauthorities in any state to assist with the inspection of the premises of awine shipper licensee, a beer shipper licensee, or delivery permittee, or anyapplicant for such license or permit.
For purposes of a Board inspection of the records of any retail licensees,"reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, ifthe licensee generally is not open to the public substantially during thesame hours, "reasonable hours" shall mean the business hours when thelicensee is open to the public. At any other time of day, if the retaillicensee's records are not available for inspection, the retailer shallprovide the records to a special agent of the Board within 24 hours after arequest is made to inspect the records.
(Code 1950, § 4-44; 1958, c. 192; 1968, c. 7, § 4-98.6; 1970, c. 784; 1988,c. 261, §§ 4-134, 4-135, 4-137; 1992, cc. 161, 220; 1993, c. 866; 2003, cc.1029, 1030; 2007, cc. 99, 799; 2008, c. 513.)