§66. Malt and vinous beverage shipping license; in state; out-of-state, prohibitions;

Link to law: http://legislature.vermont.gov/statutes/section/07/003/00066
Published: 2015

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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.)
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