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The Vermont Statutes Online
Title
07
:
Alcoholic Beverages
Chapter
003
:
PROHIBITED ACTS
§
66. Malt and vinous beverage shipping license; in state; out-of-state,
prohibitions; penalties
(a) A
manufacturer or rectifier of vinous beverages or malt beverages licensed in
Vermont may be granted an in-state consumer shipping license by filing with the
Department of Liquor Control an application in a form required by the
Department accompanied by a copy of the applicant's current Vermont
manufacturer's license and the fee as required by subdivision 231(a)(7)(A) of
this title. This consumer shipping license may be renewed annually by filing
the renewal fee as required by subdivision 231(a)(7)(A) of this title
accompanied by a copy of the licensee's current Vermont manufacturer's license.
(b) A
manufacturer or rectifier of vinous beverages or malt beverages licensed in
another state that operates a winery or brewery in the United States and holds
valid state and federal permits and licenses may be granted an out-of-state
consumer shipping license by filing with the Department of Liquor Control an
application in a form required by the Department accompanied by copies of the
applicant's current out-of-state manufacturer's license and the fee as required
by subdivision 231(a)(7)(B) of this title. This consumer shipping license may
be renewed annually by filing the renewal fee as required by subdivision
231(a)(7)(B) of this title accompanied by the licensee's current out-of-state
manufacturer's license. For the purposes of this subsection and subsection (c)
of this section, "out-of-state" means any state other than Vermont,
any territory or possession of the United States, and does not include a
foreign country.
(c) A
manufacturer or rectifier of vinous beverages that is licensed in-state or
out-of-state and holds valid State and federal permits and operates a winery in
the United States, may apply for a retail shipping license by filing with the
Department of Liquor Control an application in a form required by the
Department accompanied by a copy of its in-state or out-of-state license and
the fee as required by subdivision 231(a)(7)(C) of this title. The retail
shipping license may be renewed annually by filing the renewal fee as required
by subdivision 231(a)(7)(C) of this title accompanied by the licensee's current
in-state or out-of-state manufacturer's license. This license permits the
holder, which includes the holder's affiliates, franchises, and subsidiaries,
to sell up to 5,000 gallons of vinous beverages a year directly to first- or
second-class licensees and deliver the beverages by common carrier, the
manufacturer's or rectifier's own vehicle, or the vehicle of an employee of a
manufacturer or rectifier, provided that the beverages are sold on invoice, and
no more than 100 gallons per month are sold to any single first- or
second-class licensee. The retail shipping license holder shall report to the
Department documentation of the annual and monthly number of gallons sold.
Vinous beverages under this section may be delivered by the vehicle of a
second-class license holder if the second-class licensee cannot obtain the
vinous beverages from a wholesale dealer.
(d) Pursuant to
a consumer shipping license granted under subsection (a) or (b) of this
section, the licensee may ship vinous beverages or malt beverages produced by
the licensee:
(1) Only to
private residents for personal use and not for resale.
(2) No more than
12 cases containing no more than 29 gallons of vinous beverages or no more than
12 cases of malt beverages containing no more than 36 gallons of malt beverages
to any one Vermont resident in any calendar year.
(3) Only by
common carrier certified by the Department. The common carrier shall comply
with all the following:
(A) deliver
beverages pursuant to an invoice that includes the name of the licensee and the
name and address of the purchaser;
(B) on delivery,
require a valid form of photographic identification from a recipient who
appears to be under age 30;
(C) require the
recipient to sign an electronic or paper form or other acknowledgement of
receipt.
(e) A holder of
any shipping license granted pursuant to this section shall:
(1) ensure that
all containers of alcoholic beverages shipped under this section are clearly
labeled: "contains alcohol; signature of individual age 21 or older
required for delivery";
(2) not ship to
any address in a municipality that the Department identified as having voted to
be "dry";
(3) retain a
copy of each record of sale for a minimum of five years from the date of
shipping;
(4) report at
least twice a year to the Department of Liquor Control if a holder of a direct
consumer shipping license and once a year if a holder of a retail shipping
license in a manner and form required by the Department all the following
information:
(A) the total
amount of vinous beverages or malt beverages shipped into or within the State
for the preceding six months if a holder of a direct consumer shipping license
or every 12 months if a holder of a retail shipping license;
(B) the names
and addresses of the purchasers to whom the beverages were shipped;
(C) the date
purchased, if appropriate, the name of the common carrier used to make each
delivery, and the quantity and value of each shipment.
(5) pay directly
to the Commissioner of Taxes the amount of tax on the vinous beverages or malt
beverages shipped under this section pursuant to subsection 421(a) of this
title, and comply with the provisions of 32 V.S.A. chapter 233, 24 V.S.A. §
138, and any other legally authorized local sales taxes. Delivery in this State
shall be deemed to constitute a sale in this State at the place of delivery and
shall be subject to all appropriate taxes levied by the State of Vermont;
(6) permit the
State Treasurer, the Department of Liquor Control, and the Department of Taxes,
separately or jointly, upon request, to perform an audit of its records;
(7) if an
out-of-state license holder, be deemed to have consented to the jurisdiction of
the Department of Liquor Control or any other State agency and the Vermont
State courts concerning enforcement of this or other applicable laws and
regulations;
(8) not have any
direct or indirect financial interest in a Vermont wholesale dealer or retail
dealer, including a first-, second-, or third-class license;
(9) comply with
all Liquor Control Board laws and regulations; and
(10) comply with
the beverage container deposit redemption system pursuant to 10 V.S.A. chapter
53.
(f) A common
carrier shall not deliver vinous beverages or malt beverages until it has
complied with the training provisions in subsections 239(a) and (b) of this
title and been certified by the Department of Liquor Control. No employee of a
certified common carrier may deliver vinous beverages or malt beverages until
that employee completes the training provisions in subsection 239(c) of this
title. A common carrier shall deliver only vinous beverages or malt beverages
that have been shipped by the holder of a license issued under this section or
a vinous beverage storage license issued under section 68 of this title.
(g) The
Departments of Liquor Control and of Taxes may adopt rules and forms necessary
to implement this section.
(h) Direct
shipments of vinous beverages or malt beverages are prohibited if the shipment
is not specifically authorized and in compliance with this section. Any person
who knowingly makes, participates in, imports, or receives a direct shipment of
vinous beverages or malt beverages from a person who is not licensed or
certified as required by this section may be fined not more than $1,000.00 or
imprisoned not more than one year, or both.
(i) A licensee
under this section or a common carrier that ships vinous beverages or malt
beverages to an individual under 21 years of age shall be fined not less than
$1,000.00 or more than $3,000.00 or imprisoned not more than two years, or
both.
(j) For any
violation of this section, the Liquor Control Board may suspend or revoke a
license issued under this section, among all other remedies available to the
Board. (Added 1999, No. 163 (Adj. Sess.), § 2a; amended 2005, No. 140 (Adj.
Sess.), § 4, eff. May 10, 2006; 2005, No. 202 (Adj. Sess.), § 1; 2007, No. 151
(Adj. Sess.), § 3, eff. May 19, 2008; 2011, No. 115 (Adj. Sess.), § 2; 2013,
No. 34, § 2; 2013, No. 64, § 2; 2013, No. 202 (Adj. Sess.), § 5, eff. June 24,
2014.)