ORIGINAL HOUSE ENGROSSED

BILL NO. 0132

ENROLLED ACT NO. 40, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to alcoholic beverages; providing for
direct shipments of wine to consumers or licensed retailers
by out-of-state shippers; specifying licensing requirements
and other conditions on shipments; prohibiting unauthorized
shipments of alcohol; providing for fees and penalties;
making conforming amendments; providing a definition; and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 12-2-204 is created to read:

12-2-204.  Out-of-state shipment of manufactured wine;
license; fees; restrictions; conditions.

(a) Notwithstanding any law, rule or regulation to
the contrary, any person currently licensed in its state of
domicile as an alcoholic liquor or malt beverage
manufacturer, importer, wholesaler or retailer who obtains
an out-of-state shipper's license, as provided in this
section, may ship no more than a total of eighteen (18)
liters of manufactured wine directly to any one (1)
household in this state in any twelve (12) month period.

(b) Notwithstanding any law, rule or regulation to
the contrary, any person currently licensed in its state of
domicile as an alcoholic liquor or malt beverage
manufacturer, importer, wholesaler or retailer who obtains
an out-of-state shipper's license, as provided in this
section, may ship to any Wyoming retail establishment which
holds a liquor license in this state any manufactured wine
which is not listed with the liquor division as part of its
inventory and distribution operation.

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(c) Before sending any shipment to a household or to
a licensed retailer in this state, the out-of-state shipper
shall:

(i) File an application with the liquor division
of the department of revenue;

(ii) Pay a license fee of fifty dollars ($50.00)
to the liquor division;

(iii) Provide a true copy of its current
alcoholic liquor or malt beverage license issued in its
state of domicile to the liquor division;

(iv) Provide such other information as may be
required by the liquor division; and

(v) Obtain from the liquor division an out-of-
state shipper's license, after the division conducts such
investigation as it deems necessary.

(d) Any out-of-state shippers licensed pursuant to
this section shall:

(i) Not ship more than a total of eighteen (18)
liters of manufactured wine to any one (1) household in
this state during any twelve (12) month period. In the
event any out-of-state shipper ships more than ninety (90)
liters of any particular manufactured wine to any
combination of households or licensed retailers in this
state, the out-of-state shipper shall offer to sell the
manufactured wine to the liquor division at wholesale
prices;

(ii) Ship manufactured wine only to an
individual who is at least twenty-one (21) years of age for

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such individual's personal use and not for resale. No out-
of-state shipper shall ship any malt beverage or spirituous
liquor to any person in this state. No out-of-state shipper
shall ship any malt beverage or spirituous liquor to any
retail establishment which holds a liquor license in this
state;

(iii) Ensure that all shipping containers of
manufactured wine shipped pursuant to this section are
conspicuously labeled with the words: "CONTAINS ALCOHOLIC
BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR
DELIVERY";

(iv) Ensure that all shipments into this state
are made by a duly licensed carrier and further ensure that
such carriers comply with the requirement to obtain an
adult signature;

(v) Remit a tax of twelve percent (12%) of the
retail price for each shipment of manufactured wine to the
liquor division. Each out-of-state shipper shall file a
monthly report with the liquor division and include a copy
of the invoice for each shipment of manufactured wine and
remit any tax due. The report shall be filed with the
liquor division not later than the tenth of the month
following the month in which the shipment was made. Any
report filed late with the liquor division shall be subject
to a late filing fee of twenty-five dollars ($25.00);

(vi) Maintain records for at least three (3)
years as will permit the liquor division to ascertain the
truthfulness of the information filed and permit the
division to perform an audit of the licensee's records upon
reasonable request; and

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(vii) Be deemed to have consented to the
personal jurisdiction of the liquor division or any other
state agency and the courts of this state concerning
enforcement of this section and any related laws, rules or
regulations.

(e) The out-of-state shipper shall annually renew its
license with the liquor division by paying a renewal fee of
fifty dollars ($50.00), providing a true copy of its
current alcoholic liquor or malt beverage license issued in
its state of domicile, and further providing other
information as may be required.

(f) Any person who makes, participates in,
transports, imports or receives a shipment in violation of
this section is guilty of a misdemeanor. Each shipment
shall constitute a separate offense. Where the person holds
an out-of-state shipper's license, license suspension or
revocation may be in addition to or in lieu of the
foregoing penalties.

Section 2. W.S. 12-1-101(a) by creating a new
paragraph (xxv), 12-2-301(a) and 12-3-101(d) are amended to
read:

12-1-101. Definitions.

(a) As used in this title:

(xxv) "Out-of-state shipper" means any licensee
outside this state who accepts orders for manufactured wine
placed from this state and who ships, packages for shipment
or facilitates in any way shipment of the wine by a third
party or common carrier to any person, household or
licensed retailer in this state.

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12-2-301. Generally.

(a) The commission is the exclusive wholesale
distributor and seller of alcoholic liquor within Wyoming.
It is granted the sole right to sell alcoholic liquors at
wholesale, and no licensee or permittee who is granted the
right to sell, distribute or receive alcoholic liquors at
retail shall purchase any alcoholic liquors from any source
other than the commission, unless otherwise expressly
authorized by state law. Any out-of-state shipment of
alcoholic liquor or malt beverage into this state is
prohibited unless otherwise expressly authorized by state
law.

12-3-101. Excise tax to be paid; limitation on liquor
or malt beverage importation; penalties.

(d) No person shall, without authorization from the
commission or by law, import or personally transport
alcoholic liquor or malt beverages into Wyoming for sale,
use or consumption in the state when the applicable state
excise tax has not been paid. No person shall import or
transport at any given time more than three (3) liters of
alcoholic liquor excluding wine, nine (9) liters of wine or
five (5) gallons of malt beverage for the personal use of
the possessor into Wyoming if the applicable state excise
tax has taxes have not been paid. This subsection shall not
apply to a person importing manufactured wine in accordance
with the provisions of W.S. 12-2-204.

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Section 3. This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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