§ 28-A §1403-A — Direct shipment of wine

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Direct shipment of wine.
A small winery or other winery holding a federal basic wine manufacturing permit located within or outside the State may obtain a wine direct shipper license by filing with the bureau an application in a form determined by the bureau accompanied by an application fee of not more than $200, a copy of the applicant's current federal basic wine manufacturing permit and a list of wine labels to be shipped in accordance with this section.
3.
Direct shipper application.
Before sending a shipment to a resident of this State, a direct shipper must file an application for a wine direct shipper license under subsection 2 with the bureau on a form issued by the bureau along with a true copy of its current winery license issued in this State or another state and a $100 registration fee.
4.
Direct shipment requirements.
A direct shipper or a direct shipper's fulfillment provider may only ship wine that was produced by or for the direct shipper, owned by the direct shipper or sold under the winery name of the direct shipper in accordance with the direct shipper's federal basic wine manufacturing permit to a recipient who is at least 21 years of age and that is intended for personal use and not for resale. A direct shipper or a direct shipper's fulfillment provider may not ship wine products commonly known as "wine coolers." A direct shipper or a direct shipper's fulfillment provider shall label each package to be shipped in accordance with this section so that it conspicuously reads "CONTAINS ALCOHOL: SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER IS REQUIRED FOR DELIVERY."
5.
Common carrier.
Shipments made in accordance with this chapter must be made by a common carrier and must be accompanied by a shipping label that clearly indicates the name of the direct shipper and the name and residence address of the recipient. The common carrier shall obtain the signature of a person 21 years of age or older at the address listed on the shipping label prior to delivery of the shipment. The common carrier shall request photographic identification from the person signing for the shipment and verify that the person is 21 years of age or older.
5-A.
Fulfillment provider registration.
A direct shipper may use a fulfillment provider that is registered under this section.
6.
Bottle size and case limit.
6-A.
Shipment limit.
A direct shipper may not ship a container of wine of less than 250 milliliters and may ship no more than 9,000 milliliters per shipment no more than 12 times to any one recipient address in a calendar year.
7.
Prohibited shipping areas.
A direct shipper may not ship to any address in an area identified by the bureau as a prohibited shipping area or a local option area.
8.
License renewal.
A direct shipper may annually renew its wine direct shipper license with the bureau by paying a $50 renewal fee and providing the bureau with a true copy of its current winery license issued in this State or another state.
9.
Sales tax registration and payment required.
As a condition of receiving a license, a shipper located outside the State shall comply with the provisions of Title 36, Part 3, including all requirements relating to registration as a seller and the collection, reporting and remittance of the sales and use taxes of the State, and shall agree to be subject to the jurisdiction of the State for purposes of the enforcement of those obligations. The requirements of this subsection apply notwithstanding any provision of law of the State to the contrary.
10.
Payment of excise taxes.
A direct shipper located outside the State shall annually pay to the bureau all excise taxes due on sales to residents of the State in the preceding year, the amount of such taxes to be calculated as if the sales were in the State.
11.
Reporting.
Reports to the bureau regarding direct shipments of wine are governed by this subsection.
12.
Audit and records retention.
The bureau may perform an audit of a direct shipper's, fulfillment provider's or common carrier's records relevant to compliance with this section. A direct shipper, fulfillment provider or common carrier shall provide copies of any records requested by the bureau within 20 business days of that request.
13.
Violation.
A person, including a common carrier or fulfillment provider, who knowingly causes a direct shipment in violation of this section is subject to a fine up to $500 for a first offense and up to $1,000 for any subsequent violation of this section. A direct shipper, fulfillment provider or common carrier who knowingly delivers wine to a person under 21 years of age is subject to a fine up to $5,000. The bureau may suspend or revoke a wine direct shipper license for failure to comply with the shipping limits and reporting requirements required by this section. The bureau may accept payment of an offer in compromise in lieu of suspension; such payments must be determined by rules adopted by the bureau.
14.
Jurisdiction.
A direct shipper, as a condition of licensure, is subject to the jurisdiction and enforcement authority of the State for the purposes of enforcement of this section.
15.
Not subject to beverage container law.
15-A.
Compliance with beverage container laws.
Wine shipped pursuant to this section must comply with Title 38, chapter 33.
16.
Rules.
The bureau shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2009, c. 373, §1 (NEW). PL 2011, c. 629, §§29, 30 (AMD). PL 2013, c. 368, Pt. V, §46 (AMD). PL 2013, c. 368, Pt. XXXX, §5 (AMD). PL 2013, c. 368, Pt. XXXX, §13 (AFF). PL 2013, c. 476, Pt. A, §31 (AMD). PL 2015, c. 166, §5 (AMD). PL 2021, c. 658, §§242-244 (AMD). PL 2023, c. 252, §§1, 2 (AMD). PL 2023, c. 252, §3 (AFF). PL 2023, c. 274, §§1, 2 (AMD). PL 2023, c. 604, §§1-8 (AMD).