HOUSE BILL NO.         

Direct shipment of wine.

Sponsored by:  Joint Revenue Interim Committee

A BILL

for

AN ACT relating to alcoholic beverages; providing for direct shipments of wine to consumers by out-of-state shippers; specifying licensing requirements and other conditions on shipments; providing for fees and penalties; making conforming amendments; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 12-2-204 is created to read:

12-2-204.  Out-of-state shipment of manufactured wine; license; fees; restrictions; conditions.

(a)  Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in its state of domicile as an alcoholic liquor or malt beverage manufacturer, importer, wholesaler or retailer who obtains an out-of-state shipper's license, as provided in this section may ship no more than a total of eighteen (18) liters of manufactured wine directly to any one (1) household in this state in any twelve (12) month period.

(b)  Before sending any shipment to a household in this state, the out-of-state shipper shall:

     (i)  Register to do business in this state with the secretary of state;

(ii)  File an application with the liquor division of the department of revenue;

(iii)  Pay a license fee of two hundred fifty dollars ($250.00) to the liquor division;

(iv)  Provide a true copy of its current alcoholic liquor or malt beverage license issued in its state of domicile to the liquor division;

(v)  Provide such other information as may be required by the liquor division; and

(vi)  Obtain from the liquor division an out-of-state shipper's license, after the division conducts such investigation as it deems necessary.

(c)  All out-of-state shippers licensed pursuant to this section shall:

(i)  Not ship more than a total of eighteen (18) liters of manufactured wine to any one (1) household in this state during any twelve (12) month period.  In the event any out-of-state shipper wishes to ship more than ninety (90) liters of any particular manufactured wine to any combination of households in this state, the out-of-state shipper shall offer to sell a matching amount to the liquor division at wholesale prices.  No out-of-state shipper shall ship any manufactured wine which is listed with the liquor division as part of its normal inventory and distribution operation;

(ii)  Ship manufactured wine only to an individual who is at least twenty-one (21) years of age for such individual's personal use and not for resale.  No out-of-state shipper shall ship any malt beverage or spirituous liquor to any person in this state.  No out-of-state shipper shall ship any malt beverage, manufactured wine or spirituous liquor to any retail establishment which holds a liquor license in this state;

(iii)  Ensure that all shipping containers of manufactured wine shipped pursuant to this section are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY";

(iv)  Ensure that all shipments into this state are made by a duly licensed carrier and further ensure that such carriers comply with the requirement to obtain an adult signature;

(v)  File reports as may be required by the liquor division on a monthly basis concerning the amount, type and brand of manufactured wine shipped pursuant to the license;

(vi)  File an invoice for each shipment of manufactured wine to this state with the liquor division showing the location of the delivery and the retail price of the product.  The out-of-state shipper shall remit a tax of twelve percent (12%) of the retail price for each shipment of manufactured wine to the liquor division.  Each out-of-state shipper shall file a monthly report with the liquor division and include a copy of the invoice for each shipment of manufactured wine and remit any tax due.  The report shall be filed with the liquor division not later than the tenth of the month following the month in which the shipment was made.  Any report filed late with the liquor division shall be subject to a late filing fee of twenty-five dollars ($25.00);

(vii)  Maintain records for at least three (3) years as will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request; and

(viii)  Be deemed to have consented to the personal jurisdiction of the liquor division or any other state agency and the courts of this state concerning enforcement of this section and any related laws, rules or regulations.

(d)  The out-of-state shipper shall annually renew its license with the liquor division by paying a renewal fee of two hundred fifty dollars ($250.00), providing a true copy of its current alcoholic liquor or malt beverage license issued in its state of domicile, and further providing other information as may be required.

(e)  Any person who makes, participates in, transports, imports or receives a shipment in violation of this section is guilty of a misdemeanor.  Each shipment shall constitute a separate offense.  Where the person holds an out-of-state shipper's license, license suspension or revocation may be in addition to or in lieu of the foregoing penalties.

Section 2.  W.S. 12-1-101(a) by creating a new paragraph (xxv) and 12-3-101(d) are amended to read:

12-1-101.  Definitions.

(a)  As used in this title:

          (xxv)  "Out-of-state shipper" means any licensee outside this state who accepts orders for manufactured wine placed from this state and who ships, packages for shipment or facilitates in any way shipment of the wine by a third party or common carrier to any person or household in this state.

12-3-101.  Excise tax to be paid; limitation on liquor or malt beverage importation; penalties.

(d)  No person shall, without authorization from the commission or by law, import or transport alcoholic liquor or malt beverages into Wyoming for sale, use or consumption in the state when the applicable state excise tax has not been paid.  No person shall import or transport more than three (3) liters of alcoholic liquor or five (5) gallons of malt beverage for the personal use of the possessor into Wyoming if the applicable state excise tax has not been paid. This subsection shall not apply to a person importing manufactured wine in accordance with the provisions of W.S. 12-2-204.

Section 3.  This act is effective July 1, 2001.

(END)