Providing for the direct shipment of alcoholic liquor and including effective date provisions

This bill allows for the direct shipment of alcoholic liquor within the state.42A provides for the direct shipment of alcoholic liquor and provides for an alcoholic liquor direct shipper license. An alcoholic liquor direct shipper licensee may sell and ship any amount of alcoholic liquor to any person who is at least years of age for personal use and not for resale if the licensee produces in, or imports into, the United States 150,000 proof gallons or fewer of distilled spirits per calendar year. If the licensee produces or imports more than 150,000 proof gallons of distilled spirits, a licensee may sell and ship up to nine liters of alcoholic liquor per calendar year to a person years of age or older. Provisions governing the direct shipment of wine and the wine direct shipper permit are generally made applicable to the new Code section providing for the direct shipment of alcoholic liquor. The new Code section requires all alcoholic liquor subject to direct shipping to be properly registered with the alcoholic beverages division and that products which are not listed for sale by the division must be registered to include information on the name of the manufacturer, the name of the brand, the standard of fill, the wholesale price, and other information as requested by the division. The new Code section also requires each alcoholic liquor direct shipper licensee to make a monthly report to the alcoholic beverages division that lists the products and quantities shipped directly to residents of this state in the preceding month, the name and address of the individuals to whom the alcoholic liquor was sold in each sale, the wholesale price of the alcoholic liquor sold, the purchase price and taxes charged of the alcoholic liquor sold, the alcoholic beverage carrier permittee who delivered each shipment, and documents filed by the licensee with the alcohol and tobacco tax and trade bureau of the United States department of treasury for the preceding month, including all production, storage, and processing reports. Finally, the new Code section provides that an alcoholic liquor direct shipper licensee shall remit an amount to the alcoholic beverages division depending on whether the alcoholic liquor shipped is listed for sale by the division. If the alcoholic liquor is listed for sale by the division, the permittee shall remit to the division an amount equivalent to percent of the wholesale price paid by the division for the alcoholic liquor. If the alcoholic liquor is not listed for sale by the division, the permittee shall remit to the division an amount equivalent to percent of the wholesale price of the alcoholic liquor as registered with the division. The bill provides that a penalty of percent of the amount due shall be assessed and collected if the amount required to be paid to the division as provided by the bill is not paid within the time required. The bill allows a manufacturer of alcoholic liquor and a native distillery to ship alcoholic liquor or native distilled spirits, as applicable, to individual purchasers inside this state by obtaining an alcoholic liquor direct shipper license as established in the bill.188, providing for a wine carrier permit, is amended to provide for the direct shipment of alcoholic liquor as provided by the bill. The bill takes effect January 1, 2024. The bill does not reflect current law, including the transfer of administration of alcoholic beverages provisions to the department of revenue as passed by the general assembly in 2023 and other 2023 changes made to the Code. The bill does not update all references to the wine carrier permit nor does the bill note that the effective date of the bill is retroactive.