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:

 

 

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

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 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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