                                 CODE OF VIRGINIA

DEFINITIONS (§ 4.1-401)

As used in this chapter, unless the context requires a different
meaning:		&#8220;Agreement&#8221; means a commercial relationship, not required
to be evidenced in writing, of definite or indefinite duration, between a winery
and wine wholesaler pursuant to which the wholesaler has been authorized to
distribute one or more of the winery&#8217;s brands of wine. The doing or
accomplishment of any of the following acts shall constitute prima facie
evidence of an agreement within the meaning of this definition:

1. The shipment, preparation for shipment or acceptance of any order by a winery
for any wine to a wine wholesaler within the Commonwealth.

2. The payment by a wine wholesaler and the acceptance of payment by any winery
for the shipment of an order of wine intended for sale in the Commonwealth.
			&#8220;Brand&#8221; means any word, name, group of letters, symbol or
combination thereof adopted and used by a winery to identify a specific wine
product and to distinguish that product from other wine produced or marketed by
that winery or other wineries. The use of general corporate logos or symbols or
the use of advertising messages, whether appearing on the product packaging or
elsewhere, shall not be considered to be a brand, brand extension, or part
thereof as these terms are used in this chapter.			&#8220;Brand extension&#8221;
and &#8220;extension of a brand&#8221; mean any brand which incorporates all or
a substantial part of the unique features of a preexisting brand of the same
winery and which relies to a significant extent on the good will associated with
such preexisting brand.			&#8220;Dual distributorships&#8221; means the
existence of agreements between a single winery and more than one wholesaler,
each selling a different brand, in a given territory as the result of a purchase
of another winery.			&#8220;Nonsurviving winery&#8221; means any winery which is
purchased by another winery as provided in &#xA7; 4.1-405 and, as a result,
ceases to exist as an independent legal entity.			&#8220;Person&#8221; means a
natural person, corporation, partnership, trust, agency or other entity as well
as the individual officers, directors or other persons in active control of the
activities of each such entity. Person also includes heirs, assigns, personal
representatives and conservators.			&#8220;Purchase&#8221; includes, but is not
limited to, the sale of stock, sale of assets, merger, lease, transfer or
consolidation.			&#8220;Surviving winery&#8221; means the winery which purchases
a nonsurviving winery as provided in &#xA7; 4.1-405.			&#8220;Territory&#8221;
or &#8220;sales territory&#8221; means the area of primary sales responsibility
within the Commonwealth expressly or implicitly designated by any agreement
between any wine wholesaler and winery for the brand or brands of any
winery.			&#8220;Wine wholesaler&#8221; means any wholesale wine licensee
offering wine for sale or resale to retailers or other wine wholesalers without
regard to whether the business of the person is conducted under the terms of an
agreement with a licensed winery.			&#8220;Winery&#8221; means every person,
including any authorized representative of such person pursuant to &#xA7;
4.1-218, which enters into an agreement with any Virginia wholesale wine
licensee and (i) is licensed as a winery or is licensed as a Virginia farm
winery, (ii) is licensed as a wine importer and is not simultaneously licensed
as a wine wholesaler, (iii) manufactures or sells any wine products, whether
licensed in the Commonwealth or not, or (iv) without regard to whether such
person is licensed in the Commonwealth, has title to any wine products,
excluding Virginia wholesale licensees and retail licensees, and has the
manufacturer&#8217;s authorization to market such products under its own brand
or the manufacturer&#8217;s brand.

HISTORY: Code 1950, §§ 4-118.21, 4-118.23; 1985, c. 542, § 4-118.43; 1986, c.
102; 1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.