2000 State of Wyoming 00LSO-0430



                             HOUSE BILL NO.  HB0205
                                        
                                        
Direct shipment of alcohol-2.

Sponsored by:  Representative(s) Ross and Senator(s) Case
               and Hanes


                                     A BILL
                                        
                                       for

 1  AN ACT relating to alcoholic beverages; providing for

 2  direct shipments of manufactured wine to consumers by out-

 3  of-state shippers; specifying licensing requirements and

 4  other conditions on shipments; providing for fees and

 5  penalties; making conforming amendments; and providing for

 6  an effective date.

 7

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

 9

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

11     

12       12-2-204.  Out-of-state shipment of manufactured wine

13  products; license; fees; restrictions; conditions.

14     

15       (a)  Notwithstanding any law, rule or regulation to

16  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)  Before sending any shipment to a household in

 9  this state, the out-of-state shipper shall:

10     

11            (i)  File an application with the liquor division

12  of the department;

13          

14            (ii)  Pay a license fee of two hundred fifty

15  dollars ($250.00);

16          

17            (iii)  Provide a true copy of its current

18  alcoholic liquor or malt  beverage license issued in its

19  state of domicile to the liquor division;

20          

21            (iv)  Provide such other information as may be

22  required by the liquor division; and

23

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 1            (v)  Obtain from the liquor division an out-of-

 2  state shipper's license, after the division conducts such

 3  investigation as it deems necessary.

 4          

 5       (c)  All out-of-state shippers licensed pursuant to

 6  this section shall:

 7          

 8            (i)  Not ship more than a total of eighteen (18)

 9  liters of manufactured wine to any one (1) household in

10  this state during any twelve (12) month period;

11          

12            (ii)  Ship only to an individual who is at least

13  twenty-one (21) years of age for such individual's personal

14  use and not for resale;

15          

16            (iii)  Ensure that all shipping containers of

17  manufactured wine shipped pursuant to this section are

18  conspicuously labeled with the word: "CONTAINS ALCOHOLIC

19  BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR

20  DELIVERY";

21          

22            (iv)  Ensure that all shipments into this state

23  are made by a duly licensed carrier and further ensure that

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 1 such carriers comply with the requirement to obtain an

 2  adult signature;

 3          

 4            (v)  File reports as may be required by the

 5  liquor division on a quarterly basis concerning the amount,

 6  type and brand of manufactured wine shipped pursuant to the

 7  license;

 8          

 9            (vi)  Pay to the liquor division on a quarterly

10  basis all sales, use and excise taxes due on sales to

11  residents of this state during the preceding quarter, the

12  amount of taxes to be calculated as if the sale took place

13  at the location where the delivery is made;

14          

15            (vii)  Maintain records for at least three (3)

16  years as will permit the liquor division to ascertain the

17  truthfulness of the information filed and permit the

18  division to perform an audit of the licensee's records upon

19  reasonable request; and

20          

21            (viii)  Be deemed to have consented to the

22  personal jurisdiction of the liquor division or any other

23  state agency and the courts of this state concerning

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 1  enforcement of this section and any related laws, rules or

 2  regulations.

 3          

 4       (d)  The out-of-state shipper shall annually renew its

 5  license with the liquor division by paying a renewal fee of

 6  two hundred fifty dollars ($250.00), providing a true copy

 7  of its current alcoholic liquor or malt beverage license

 8  issued in its state of domicile, and further providing

 9  other information as may be required.

10          

11            (e)  Any person who makes, participates in,

12  transports, imports or receives a shipment in violation of

13  this section is guilty of a misdemeanor. Where the person

14  holds an out-of-state shipper's license, license suspension

15  or revocation may be in addition to or in lieu of the

16  foregoing penalties.

17     

18       Section 2.  W.S. 12-3-101(d) is amended to read:

19

20       12-3-101.  Excise tax to be paid; limitation on liquor

21  or malt beverage importation; penalties.

22     

23       (d)  No person shall, without authorization from the

24  commission or by law, import or transport alcoholic liquor

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 1  or malt beverages into Wyoming for sale, use or consumption

 2  in the state when the applicable state excise tax has not

 3  been paid. No person shall import or transport more than

 4  three (3) liters of alcoholic liquor or five (5) gallons of

 5  malt beverage for the personal use of the possessor into

 6  Wyoming if the applicable state excise tax has not been

 7  paid. This subsection shall not apply to a person importing 

 8  manufactured  wine in accordance with  the  provisions  of  W.S. 

 9  12-2-204.

10     

11       Section 3.  This act is effective July 1, 2000.

12     

13                                      (END)

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