Report Title:
Direct Shipment of Wine by Wineries; Confirmation of Limits
Description:
Requires written certification of the amount of wine purchased per year by a household; makes knowing violations a misdemeanor.
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THE SENATE |
S.B. NO. |
1019 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to direct shipment of wine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-33.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§281-33.6[]] Direct
shipment of wine by wineries. (a) Any person holding:
(1) A general excise tax license from the department of taxation; and
(2) Either:
(A) A class 1 license to manufacture wine under section 281-31; or
(B) A license to manufacture wine issued by another state,
may pay any applicable fees and obtain a direct wine shipper permit from the liquor commission of the county to which the wine will be shipped authorizing the holder to directly ship wine to persons in the county pursuant to this section.
(b) The holder of a direct wine shipper permit may sell and annually ship to any person twenty-one years of age or older in the county that issued the permit, no more than six nine-liter cases of wine per household, less any wine previously purchased by direct shipment by the person's household during that year as stated by the person in accordance with paragraph (3), for personal use only and not for resale, and shall:
(1) Ship wine directly to the person only in containers that are conspicuously labeled with the words:
"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.";
(2) Require that the carrier of the shipment obtain the signature of any person twenty-one years of age or older before delivering the shipment;
(3) Require that any person purchasing wine via direct shipment provide a written certification to the permit holder and the liquor commission of the county that issued the permit stating the amount of wine previously purchased by the person's household during the year and acknowledging that no household may purchase more than six nine-liter cases of wine per year via direct shipment;
[(3)] (4) Report no later than January
31 of each year to the liquor commission in each county where a direct wine
shipper permit is held, the total amount of wine shipped to persons in the
county during the preceding calendar year[;], the identity and address of each household to whom shipment was made during
the preceding calendar year, and the quantity shipped to each household;
[(4)] (5) Pay all applicable general
excise and gallonage taxes. For gallonage tax purposes, all wine sold under a
direct wine shipper permit shall be deemed to be wine sold in the State; and
[(5)] (6) Be subject to audit by the
liquor commission of each county in which a permit is held.
(c) The holder of a license to manufacture wine issued by another state may annually renew a direct wine shipper permit by providing the liquor commission that issued the permit with a copy of the license and paying all required fees. The holder of a class 1 license to manufacture wine under section 281-31 may renew a direct wine shipper permit concurrently with the class 1 license by complying with all applicable laws and paying all required fees.
(d) The sale and shipment of wine directly to a person in this State by a person that does not possess a valid direct wine shipper permit is prohibited. Knowingly violating this law is a misdemeanor.
(e) No household shall purchase more than six nine-liter cases of wine per year via direct shipment. Knowingly violating this section is a misdemeanor.
[(e)] (f) The liquor [[]commission[]]
in each county may adopt rules and regulations necessary to carry out the
intent and purpose of this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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