§ 12-2-204 — Out-of-state shipment of manufactured wine; license; fees; restrictions; conditions

(a) Notwithstanding any law, rule or regulation to the
contrary, any person currently licensed in its state of domicile
as an alcoholic liquor or malt beverage manufacturer, importer,
wholesaler or retailer who obtains an out-of-state shipper's
license, as provided in this section, may ship no more than a
total of one hundred eight (108) liters of manufactured wine
directly to any one (1) household in this state in any twelve
(12) month period.
(b) Notwithstanding any law, rule or regulation to the
contrary, any person currently licensed in its state of domicile
as an alcoholic liquor or malt beverage manufacturer, importer,
wholesaler or retailer who obtains an out-of-state shipper's
license, as provided in this section, may ship to any Wyoming
retail establishment which holds a liquor license in this state
or any household in this state any manufactured wine which is
not listed with the liquor division as part of its inventory and
distribution operation.
(c) Before sending any shipment to a household or to a
licensed retailer in this state, the out-of-state shipper shall:
(i) File an application with the liquor division of
the department of revenue;
(ii) Pay a license fee of fifty dollars ($50.00) to
the liquor division;
(iii) Provide a true copy of its current alcoholic
liquor or malt beverage license issued in its state of domicile
to the liquor division;
(iv) Provide such other information as may be
required by the liquor division; and
(v) Obtain from the liquor division an out-of-state
shipper's license, after the division conducts such
investigation as it deems necessary.
(d) Any out-of-state shippers licensed pursuant to this
section shall:
(i) Not ship more than a total of one hundred eight
(108) liters of manufactured wine to any one (1) household in
this state during any twelve (12) month period. In the event any
out-of-state shipper ships more than ninety (90) liters of any
particular manufactured wine to any combination of households or
licensed retailers in this state, the out-of-state shipper shall
offer to sell the manufactured wine to the liquor division at
wholesale prices;
(ii) Ship manufactured wine only to an individual who
is at least twenty-one (21) years of age for such individual's
personal use and not for resale. No out-of-state shipper shall
ship any malt beverage or spirituous liquor to any person in
this state. No out-of-state shipper shall ship any malt beverage
or spirituous liquor to any retail establishment which holds a
liquor license in this state;
(iii) Ensure that all shipping containers of
manufactured wine shipped pursuant to this section are
conspicuously labeled with the words: "CONTAINS ALCOHOLIC
BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY";
(iv) Ensure that all shipments into this state are
made by a duly licensed carrier and further ensure that such
carriers comply with the requirement to obtain an adult
signature;
(v) Remit a tax of twelve percent (12%) of the retail
price for each shipment of manufactured wine to the liquor
division. Each out-of-state shipper shall file a monthly report
with the liquor division and include a copy of the invoice for
each shipment of manufactured wine and remit any tax due. The
report shall be filed with the liquor division not later than
the tenth of the month following the month in which the shipment
was made. Any report filed late with the liquor division shall
be subject to a late filing fee of twenty-five dollars ($25.00);
(vi) Maintain records for at least three (3) years as
will permit the liquor division to ascertain the truthfulness of
the information filed and permit the division to perform an
audit of the licensee's records upon reasonable request; and
(vii) Be deemed to have consented to the personal
jurisdiction of the liquor division or any other state agency
and the courts of this state concerning enforcement of this
section and any related laws, rules or regulations.
(e) The out-of-state shipper shall annually renew its
license with the liquor division by paying a renewal fee of
fifty dollars ($50.00), providing a true copy of its current
alcoholic liquor or malt beverage license issued in its state of
domicile, and further providing other information as may be
required.
(f) Any person who makes, participates in, transports,
imports or receives a shipment in violation of this section is
guilty of a misdemeanor. Each shipment shall constitute a
separate offense. Where the person holds an out-of-state
shipper's license, license suspension or revocation may be in
addition to or in lieu of the foregoing penalties.