HB0132 - Direct shipment of wine-2.
2001 |
State of Wyoming |
01LSO-0250.E1 ENGROSSED |
HOUSE BILL NO. HB0132
Direct shipment of wine-2.
Sponsored by: Joint Revenue Interim Committee
A BILL
for
1 AN ACT relating to
alcoholic beverages; providing for
2
direct shipments of wine to consumers or licensed retailers
3
by out-of-state shippers; specifying licensing requirements
4
and other conditions on shipments; prohibiting unauthorized
5
shipments of alcohol; providing for fees and penalties;
6
making conforming amendments; providing a definition; and
7
providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 12-2-204 is created to read:
12
13 12-2-204. Out-of-state shipment of
manufactured wine;
14 license; fees; restrictions; conditions.
15
16 (a) Notwithstanding
any law, rule or regulation to
17 the contrary, any person currently
licensed in its state of
Page 1
1 domicile
as an alcoholic liquor or malt beverage
2
manufacturer, importer, wholesaler or retailer who obtains
3
an out-of-state shipper's license, as provided in this
4
section, may ship no more than a total of eighteen (18)
5
liters of manufactured wine directly to any one (1)
6
household in this state in any twelve (12) month period.
7
8 (b) Notwithstanding
any law, rule or regulation to
9
the contrary, any person currently licensed in its state of
10 domicile as an alcoholic liquor or
malt beverage
11 manufacturer, importer, wholesaler
or retailer who obtains
12 an out-of-state shipper's license,
as provided in this
13 section, may ship to any Wyoming
retail establishment which
14 holds a liquor license in this state
any manufactured wine
15 which is not listed with the liquor
division as part of its
16 inventory and distribution
operation.
17
18 (c) Before
sending any shipment to a household or to
19 a licensed retailer in this state,
the out-of-state shipper
20 shall:
21
22 (i) File an
application with the liquor division
23 of the department of revenue;
24
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1 (ii) Pay a
license fee of fifty dollars ($50.00)
2
to the liquor division;
3
4 (iii) Provide a
true copy of its current
5
alcoholic liquor or malt beverage license issued in its
6
state of domicile to the liquor division;
7
8 (iv) Provide
such other information as may be
9
required by the liquor division; and
10
11 (v) Obtain from
the liquor division an out-of-
12 state shipper's license, after the
division conducts such
13 investigation as it deems necessary.
14
15 (d) Any
out-of-state shippers licensed pursuant to
16 this section shall:
17
18 (i) Not ship
more than a total of eighteen (18)
19 liters of manufactured wine to any
one (1) household in
20 this state during any twelve (12)
month period. In the
21 event any out-of-state shipper ships
more than ninety (90)
22 liters of any particular
manufactured wine to any
23 combination of households or
licensed retailers in this
24 state, the out-of-state shipper
shall offer to sell the
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1 manufactured
wine to the liquor division at wholesale
2
prices;
3
4 (ii) Ship manufactured
wine only to an
5
individual who is at least twenty-one (21) years of age for
6
such individual's personal use and not for resale. No out-
7
of-state shipper shall ship any malt beverage or spirituous
8
liquor to any person in this state. No out-of-state shipper
9
shall ship any malt beverage or spirituous liquor to any
10 retail establishment which holds a
liquor license in this
11 state;
12
13 (iii) Ensure that
all shipping containers of
14 manufactured wine shipped pursuant
to this section are
15 conspicuously labeled with the
words: "CONTAINS ALCOHOLIC
16 BEVERAGES. ADULT (OVER 21) SIGNATURE
REQUIRED FOR
17 DELIVERY";
18
19 (iv) Ensure that
all shipments into this state
20 are made by a duly licensed carrier
and further ensure that
21 such carriers comply with the
requirement to obtain an
22 adult signature;
23
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1 (v) Remit a tax
of twelve percent (12%) of the
2
retail price for each shipment of manufactured wine to the
3
liquor division. Each out-of-state shipper shall file a
4
monthly report with the liquor division and include a copy
5
of the invoice for each shipment of manufactured wine and
6
remit any tax due. The report shall be filed with the
7
liquor division not later than the tenth of the month
8
following the month in which the shipment was made. Any
9
report filed late with the liquor division shall be subject
10 to a late filing fee of twenty-five
dollars ($25.00);
11
12 (vi) Maintain
records for at least three (3)
13 years as will permit the liquor
division to ascertain the
14 truthfulness of the information
filed and permit the
15 division to perform an audit of the
licensee's records upon
16 reasonable request; and
17
18 (vii) Be deemed
to have consented to the
19 personal jurisdiction of the liquor
division or any other
20 state agency and the courts of this
state concerning
21 enforcement of this section and any
related laws, rules or
22 regulations.
23
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1 (e) The
out-of-state shipper shall annually renew its
2
license with the liquor division by paying a renewal fee of
3
fifty dollars ($50.00), providing a true copy of its
4
current alcoholic liquor or malt beverage license issued in
5
its state of domicile, and further providing other
6
information as may be required.
7
8 (f) Any person
who makes, participates in,
9
transports, imports or receives a shipment in violation of
10 this section is guilty of a
misdemeanor. Each shipment
11 shall constitute a separate offense.
Where the person holds
12 an out-of-state shipper's license,
license suspension or
13 revocation may be in addition to or
in lieu of the
14 foregoing penalties.
15
16 Section 2. W.S. 12-1-101(a) by creating a new
17 paragraph (xxv), 12-2-301(a) and 12-3-101(d)
are amended to
18 read:
19
20 12-1-101. Definitions.
21
22 (a) As used in this title:
23
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1 (xxv) "Out-of-state
shipper" means any licensee
2 outside this state who accepts orders
for manufactured wine
3 placed from this state and who ships,
packages for shipment
4 or facilitates in any way shipment of
the wine by a third
5 party or common carrier to any person,
household or
6 licensed retailer in this state.
7
8 12-2-301. Generally.
9
10 (a) The
commission is the exclusive wholesale
11 distributor and seller of alcoholic
liquor within Wyoming.
12 It is granted the sole right to sell
alcoholic liquors at
13 wholesale, and no licensee or
permittee who is granted the
14 right to sell, distribute or receive
alcoholic liquors at
15 retail shall purchase any alcoholic
liquors from any source
16 other than the commission, unless otherwise expressly
17 authorized by state law. Any out-of-state shipment of
18 alcoholic liquor or malt beverage into this state is
19 prohibited unless otherwise expressly authorized by state
20 law.
21
22 12-3-101. Excise tax to be paid;
limitation on liquor
23 or malt beverage importation; penalties.
24
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1 (d) No person
shall, without authorization from the
2
commission or by law, import or personally transport
3
alcoholic liquor or malt beverages into Wyoming for sale,
4
use or consumption in the state when the applicable state
5
excise tax has not been paid. No person shall import or
6
transport at any given time more
than three (3) liters of
7
alcoholic liquor or five (5) gallons of malt beverage for
8
the personal use of the possessor into Wyoming if the
9
applicable state excise tax has taxes have not been paid.
10 This
subsection shall not apply to a person importing
11 manufactured wine in accordance with the provisions of W.S.
12 12-2-204.
13
14 Section 3. This act is effective July 1, 2001.
15
16 (END)
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