§ 37A-2-107 — Wine and spirits wholesaler license.

A. A wine and spirits wholesaler license shall authorize the holder thereof: 1. To purchase and import into this state spirits and wines from persons authorized to sell same who are the holders of a manufacturer or nonresident seller license, and their agents who are the holders of manufacturer's agent licenses; 2. To purchase spirits and wines from licensed distillers, rectifiers and winemakers in this state; 3. To purchase spirits and wines from licensed wholesalers, to the extent set forth in subsections B and C of this section; 4. To sell in retail containers in this state to retailers, mixed beverage, caterer, special event, public event, hotel beverage or airline/railroad beverage licensees, spirits and wines which have been received and unloaded at the bonded warehouse facilities of the wholesaler before such sale; 5. To sell to licensed wholesalers, to the extent set forth in subsections B and C of this section, spirits and wines which have been received and unloaded at the bonded warehouse facilities of the wholesaler before such sale; 6. To sell spirits and wines out of this state to qualified persons; and 7. To sell to licensed distillers spirits that were manufactured by that distiller and which have been received and unloaded at a bonded warehouse facility of a wholesaler before such sale. Provided, however, sales of spirits and wine in containers with a capacity of less than one-twentieth (1/20) gallon by a holder of a wholesaler license shall be in full case lots and in the original unbroken case. Wholesalers shall be authorized to place such signs outside their place of business as are required by Acts of Congress and by such laws and regulations promulgated under such Acts. B. A wholesaler may sell spirits and wine to other wholesalers or purchase spirits and wines from other wholesalers without complying with subsection A of this section in the case of the sale, purchase or other transfer or acquisition of the entire business of a wholesaler including the inventory of spirits and wine. C. A wholesaler license shall authorize the holder thereof to: 1. Maintain not more than three (3) self-owned or leased and self-operated bonded warehouses within this state. All invoices shall be stored at the principal place of business for which the wholesaler license was granted; and 2. Accept as payment cash, personal check, cashier's check, money order or electronic fund transfer from persons licensed to purchase alcoholic beverages; provided, a wholesaler shall not be permitted to accept payment by credit card.

Legislative History

Added by Laws 2016, c. 366, § 19, eff. Oct. 1, 2018. Amended by Laws 2017, c. 364, § 11, eff. Oct. 1, 2017; Laws 2021, c. 197, § 2, emerg. eff. April 23, 2021. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.