2000 State of Wyoming 00LSO-0228
SENATE FILE NO. SF0033
Direct shipments of alcohol.
Sponsored by: Senator(s) Hanes
A BILL
for
1 AN ACT relating to alcoholic beverages; providing for
2 direct shipments to consumers by out-of-state shippers;
3 specifying licensing requirements and other conditions on
4 shipments; providing for fees and penalties; making
5 conforming amendments; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 12-2-204 is created to read:
10
11 12-2-204. Out-of-state shipment of alcoholic liquor
12 and malt beverages; license; fees; restrictions;
13 conditions.
14
15 (a) Notwithstanding any law, rule or regulation to
16 the contrary, any person currently licensed in its state of
17 domicile as an alcoholic liquor or malt beverage
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1 manufacturer, importer, wholesaler or retailer who obtains
2 an out-of-state shipper's license, as provided in this
3 section may ship no more than a total of eighteen (18)
4 liters of alcoholic liquor and malt beverages directly to
5 any one (1) household in this state in any twelve (12)
6 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 alcoholic liquor and malt beverages to any one
10 (1) household in this state during any twelve (12) month
11 period;
12
13 (ii) Ship only to an individual who is at least
14 twenty-one (21) years of age for such individual's personal
15 use and not for resale;
16
17 (iii) Ensure that all shipping containers of
18 alcoholic liquor or malt beverages shipped pursuant to this
19 section are conspicuously labeled with the word: "CONTAINS
20 ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR
21 DELIVERY";
22
23 (iv) Ensure that all shipments into this state
24 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 alcoholic liquor and malt beverages
7 shipped pursuant to the 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 alcoholic liquor or malt beverages in accordance with the
9 provisions of W.S. 12-2-204.
10
11 Section 3. This act is effective July 1, 2000.
12
13 (END)
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