                                 CODE OF VIRGINIA

DEFINITIONS (§ 4.1-500)

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
brewery and beer wholesaler pursuant to which the wholesaler has been authorized
to distribute one or more of the brewery&#8217;s brands of beer. 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 any
brewery for any beer to a beer wholesaler within the Commonwealth.

2. The payment by a beer wholesaler and the acceptance of payment by any brewery
for the shipment of an order of beer intended for sale in the Commonwealth.
			&#8220;Beer wholesaler,&#8221; &#8220;wholesaler,&#8221; &#8220;beer
distributor,&#8221; and &#8220;distributor&#8221; mean any wholesale beer
licensee, including any successor-in-interest to such person, within the
Commonwealth offering beer for sale or resale to retailers or other beer
wholesalers without regard to whether the business of the person is conducted
under the terms of an agreement with a licensed brewery.			&#8220;Brand&#8221;
means any word, name, group of letters, symbol or combination thereof adopted
and used by a brewery to identify a specific malt beverage product and to
distinguish that product from other beers produced or marketed by that brewery
or other breweries. 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
brewery and which relies to a significant extent on the goodwill associated with
such preexisting brand.			&#8220;Brewery&#8221; means every person, including
any authorized representative of such person pursuant to &#xA7; 4.1-218 which
(i) is licensed as a brewery located within the Commonwealth, (ii) holds a beer
importer&#8217;s license and is not simultaneously licensed as a beer
wholesaler, or (iii) manufactures any malt beverage, has title to any malt
beverage products excluding licensed Virginia wholesalers and retailers or has
the contractual right to distribute under its own brand any malt beverage
product whether licensed in the Commonwealth or not, who enters into an
agreement with any beer wholesaler licensed to do business in the
Commonwealth.			&#8220;Dual distributorships&#8221; means the existence of
agreements between a single brewery and more than one wholesaler in a given
territory as the result of a purchase of another brewery.			&#8220;Nonsurviving
brewery&#8221; means any brewery which is purchased by another brewery as
provided in &#xA7; 4.1-504 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. &#8220;Person&#8221; 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 brewery&#8221; means a brewery which purchases
a nonsurviving brewery as provided in &#xA7; 4.1-504.			&#8220;Territory&#8221;
or &#8220;sales territory&#8221; means the area of sales responsibility within
the Commonwealth expressly or impliedly designated by any agreement between any
beer wholesaler and brewery for the brand or brands of any brewer.

HISTORY: 1978, c. 579, § 4-118.4; 1985, c. 549; 1987, c. 247; 1991, c. 628;
1993, c. 866; 1997, c. 801.