Bill Text: CT SB00534 | 2018 | General Assembly | Introduced

Connecticut Senate Bill 534 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning Wine Sales And Shipments.

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2018-03-29 - Public Hearing 04/02 [SB00534 Detail]

Download: Connecticut-2018-SB00534-Introduced.html


General Assembly		*Raised Bill No. 534*
*February Session, 2018*		LCO No. 3202
		03202_______FIN
Referred to Committee on FINANCE, REVENUE AND BONDING
Introduced by:
(FIN)

AN ACT CONCERNING WINE SALES AND SHIPMENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2018) (a) An out-of-state retailer shipper's permit for wine shall allow the sale and delivery or shipment of wine by the permittee directly to a consumer in this state, subject to the provisions of subsection (b) of this section. For purposes of this section, "wine" shall include cider not exceeding six per cent alcohol by volume and apple wine not exceeding fifteen per cent alcohol by volume.

(b) Such permittee, when selling and shipping wine directly to a consumer in this state, shall: (1) Ensure that the shipping labels on all containers of wine shipped directly to a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY"; (2) obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h of the general statutes; (3) not ship more than five gallons of wine in any sixty-day period to any person in this state and not ship any wine until such permittee is registered, with respect to the permittee's sales of wine to consumers in this state, for purposes of the taxes imposed under chapters 219 and 220 of the general statutes, with the Department of Revenue Services; (4) pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220 of the general statutes on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage tax returns relating to such sales, with the amount of such taxes to be calculated as if the sale were in this state at the location where delivery is made; (5) report to the Department of Consumer Protection a separate and complete record of all sales and shipments to consumers in the state, on a ledger sheet or similar form which readily presents a chronological account of such permittee's dealings with each such consumer; (6) permit the Department of Consumer Protection and Department of Revenue Services, separately or jointly, to perform an audit of the permittee's records upon request; (7) not ship to any address in the state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9 of the general statutes; (8) hold an in-state transporter's permit pursuant to section 30-19f of the general statutes or make any such shipment through the use of a person who holds such an in-state transporter's permit; (9) execute a written consent to the jurisdiction of this state, its agencies and instrumentalities and the courts of this state concerning the enforcement of this section and any related laws, rules, or regulations, including tax laws, rules or regulations; and (10) affirm to the Department of Consumer Protection that such permittee operates within another state that imposes a distribution system for alcoholic liquor that substantially conforms to the requirements imposed under title 30 of the general statutes.

(c) The Department of Consumer Protection, in consultation with the Department of Revenue Services, may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to assure compliance with the provisions of subsection (b) of this section.

(d) A holder of an out-of-state retailer shipper's permit for wine, when advertising or offering wine for direct shipment to a consumer in this state via the Internet or any other online computer network, shall clearly and conspicuously state such liquor permit number in its advertising.

(e) (1) For purposes of chapter 219 of the general statutes, the holder of an out-of-state retailer shipper's permit for wine, when shipping wine directly to a consumer in this state, shall be deemed to be a retailer engaged in business in this state as defined in chapter 219 of the general statutes and shall be required to be issued a seller's permit pursuant to chapter 219 of the general statutes.

(2) For purposes of chapter 220 of the general statutes, the holder of an out-of-state retailer shipper's permit for wine, when shipping wine directly to a consumer in this state, shall be deemed to be a distributor as defined in chapter 220 of the general statutes and shall be required to be licensed pursuant to chapter 220 of the general statutes.

(f) The annual fee for an out-of-state retailer shipper's permit for wine shall be two hundred fifty dollars.

(g) As used in this section, "out-of-state" means any state other than Connecticut, any territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, but does not include any foreign country.

(h) Nothing in this section shall be construed to affect or alter the distribution system for alcoholic liquor under title 30 of the general statutes.

Sec. 2. Section 30-19f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) An in-state transporter's permit for alcoholic liquor shall allow the commercial transportation of any alcoholic liquor as permitted by law. The annual fee for an in-state transporter's liquor permit shall be one thousand two hundred fifty dollars.

(b) No person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity except: (1) The holder of an out-of-state shipper's permit issued pursuant to section 30-18 or 30-19; (2) the holder of a manufacturer's permit issued pursuant to section 30-16 other than the holder of a manufacturer's permit for a farm winery; and (3) the holder of a wholesaler's permit issued pursuant to section 30-17 shall transport any alcoholic beverages imported into this state unless such person holds an in-state transporter's permit and the tax imposed on such alcoholic liquor by section 12-435 has been paid and, if applicable, the tax imposed on the sale of such alcoholic liquor pursuant to chapter 219 has been paid.

(c) An in-state transporter, when [shipping or] delivering wine directly to a consumer in this state, shall [: (1) Ensure that the shipping labels on all containers of wine shipped directly to a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY"; (2)] obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h. [; and (3) not ship to any address in the state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9.]

(d) Any person convicted of violating subsections (a), (b) and (c) of this section shall be fined not more than two thousand dollars for each offense.


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2018	New section
Sec. 2	July 1, 2018	30-19f

Statement of Purpose:

To establish an out-of-state retailer shipper's permit for wine and specify that an in-state transporter shall not be responsible for the statements on shipping labels of wine or the address to which wine is being shipped.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]