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H.278

Introduced by   Representatives Chen of Mendon, Baker of West Rutland, Donaghy of Poultney, Johnson of South Hero, Miller of Elmore, Pugh of S. Burlington and Smith of Morristown

Referred to Committee on

Date:

Subject:  Alcoholic beverages; wine; direct out-of-state importing

Statement of purpose:  This bill proposes to permit direct importation of wine from out-of-state wineries or wine retailers to Vermont consumers.

AN ACT RELATING TO DIRECT IMPORTING OF WINE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  7 V.S.A. § 63 is amended to read:

§ 63.  IMPORTATION OR TRANSPORTATION OF LIQUORS; LIMIT;

           PENALTY DIRECT IMPORTING OF WINE; LICENSE;

           PROHIBITIONS

* * *

(b)  All malt and/or or vinous beverages, or both, imported or transported into this state shall be imported or transported by and through a wholesale dealer holding a wholesale dealer’s license issued by the liquor control board.  A person, partnership, association or corporation importing or transporting or causing to be imported or transported into this state any malt and/or or vinous beverages, or both, in violation of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.  Provided, however, that it shall be lawful for a A person to may import or transport malt and/or or vinous beverages, or both, into this state by first obtaining a permit from the liquor control board, and a person an individual may import or transport not more than six gallons of malt and/or or vinous beverages, or both, into this state in his or her own private vehicle or in his or her actual possession at the time of such importation without permit providing it is not for resale. 

(c)  Except as provided in section 66 of this title, any person currently licensed in any other state as a vinous beverages producer, supplier, importer, wholesaler, distributor, or retailer granted an out-of-state shipping license by the department, as provided in this subsection, may ship up to 12 bottles of wine per month directly to a resident of Vermont who is at least 21 years of age, provided the vinous beverages are solely for the resident’s personal use and not for resale.  For the purposes of this section, a “bottle” is any container with the liquid capacity of a liter or less.

(d)  The department may issue an out-of-state shipping license to an out‑of‑state licensee who files an application in a form determined by the department accompanied by a $500.00 application fee and a copy of the applicant’s current out-of-state liquor license.  The out-of-state shipping license may be renewed annually by filing a $250.00 renewal fee along with a copy of the licensee’s current foreign alcoholic beverage license.  A holder of an out-of-state shipping license shall:

(1)  Ship no more than 12 bottles of vinous beverages to any individual in any calendar month.

(2)  Not ship to any address in an area identified by the department as a “dry” or local option area.

(3)  Deliver vinous beverages only to an individual who is determined to be 21 years of age or older who shall sign for the delivery.

(4)  Ensure that all containers of alcoholic beverages shipped directly to a Vermont resident are conspicuously labeled “CONTAINS ALCOHOL: SIGNATURE OF INDIVIDUAL AGE 21 OR OLDER REQUIRED FOR DELIVERY.”

(5)  Ship vinous beverages only by common carrier as required in section 66 of this title.

(6)  Report annually to the department the total vinous beverages, by type, shipped into the state in the preceding year.

(7)  No later than April 1 of each year, pay to the department of taxes all sales taxes due on sales of vinous beverages made to residents during the preceding calendar year, the amount of taxes to be calculated as if the sale were in Vermont at the location where the delivery is made.

(8)  Permit the state treasurer or the department of taxes to perform an audit of the records of the holder of the out-of-state shipping license upon request.

(9)  Be deemed to have consented to jurisdiction of the department or any other state subdivision, including the state courts concerning enforcement of this or other related laws.

(e)  Direct shipping of vinous beverages from out of state to consumers in Vermont from a person who does not possess a current out-of-state shipping license is prohibited.  Any person who knowingly makes, participates in, transports, imports, or receives such a shipment from out of state may be fined not more than $500.00.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us