2021 Code of Alabama
Title 28 - Intoxicating Liquor, Malt Beverages and Wine.
Chapter 3A - Alcoholic Beverage Licensing Code.
Section 28-3A-6.1 - Direct Shipment of Wine by a Manufacturer.
Section 28-3A-6.1
Direct shipment of wine by a manufacturer.
(a) Any person licensed as a wine manufacturer who holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine may obtain a direct wine shipper license from the board as provided in this section. A direct wine shipper licensee may ship annually up to 12 cases of unopened containers of wine to any one Alabama resident in a 12-month period, each case not exceeding nine liters of wine. A direct wine shipper licensee may ship only wine: (i) produced by the direct wine shipper licensee; (ii) produced by or for the direct wine shipper licensee under a written contract, existing at the time of shipment, with another manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine; or (iii) exclusively produced and bottled for the direct wine shipper licensee by a manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine. The wine shall be shipped and transported by common or permit carrier directly from the direct wine shipper licensee's licensed premises, or from the direct wine shipper licensee through a wine fulfillment center as provided in Section 28-3A-6.2, to a resident of Alabama who is at least 21 years of age for the resident's personal use and not for resale.
(b) In order to receive a license to ship wine to an Alabama resident, the applicant for a direct wine shipper license shall do all of the following:
(1) File an application with the board.
(2) Pay an application fee of two hundred dollars ($200).
(3) Provide to the board a true copy of its current wine manufacturer license issued by the board or issued by the state in which it manufactures wine and a true copy of its federal basic wine manufacturing permit.
(c) A direct wine shipper licensee:
(1) May not ship more wine than is specified in subsection (a) to any one consumer in a 12-month period.
(2) May not ship any wine to any address or property that is any of the following:
a. Any premises licensed by the board.
b. A public or private elementary, secondary, or post-secondary educational school, including any dormitory, housing, or common space located on the campus of any elementary, secondary, or post-secondary educational school.
c. A prison, reformatory, or other correctional facility.
d. A hospital or other healthcare facility, including, but not limited to, an acute care, addiction or substance abuse, or mental or psychiatric care facility.
e. A locker, a mailbox, a storage facility, or a package shipping or similar service business.
f. An address that is not a permanent street address.
(3) May only ship wine that has been approved by the board for sale and shipment within or into the state and for which the direct wine shipper licensee meets either of the following criteria:
a. Owns the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.
b. Has the exclusive right to sell the wine in the United States under a written contract, existing at the time of shipment, with the manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and is the owner of the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.
(4) Shall ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words: "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY."
(5) Shall report to the board on a quarterly basis in a manner prescribed by the board all of the following information for each wine shipment into the state pursuant to this section:
a. The name and address of the Alabama resident who placed the order.
b. For each completed shipment, evidence of signature by an individual age 21 years or older.
c. The name and license number of the common or permit carrier engaged in the shipment.
d. For each shipment by a wine fulfillment center licensee on behalf of the direct wine shipper, the name and license number of the wine fulfillment center licensee engaged in the shipment.
e. The date of shipment.
f. The carrier tracking number.
g. The quantity of wine in the shipment.
(6) Whether located within or outside of this state, shall collect and properly remit all state and local sales or use taxes and excise taxes due on sales to Alabama residents.
(7) Shall permit the board or the Department of Revenue to perform an audit of the direct wine shipper licensee's records upon request.
(8) Shall obtain from the customer an attestation that he or she is at least 21 years of age at the time the order is placed.
(9) Shall be deemed to have consented to the jurisdiction of the board or any law enforcement agency and the Alabama courts concerning enforcement of this section and any related laws or administrative rules.
(d) A direct wine shipper licensee may renew its license with the board by paying annually a renewal fee of one hundred fifty dollars ($150) and providing the board a true copy of its current manufacturer license issued by the board and its federal basic wine manufacturing permit.
(e) The board may adopt rules pursuant to the Administrative Procedure Act to implement this section.
(f) The board may enforce the requirements of this section to suspend or revoke a direct wine shipper license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation. Payments of fines shall be determined by rule adopted by the board.
(g) Shipments of wine direct to consumers in Alabama from persons who do not possess a current direct wine shipper license pursuant to this section are prohibited. Any person that violates this section is guilty of a Class C misdemeanor and shall also be subject to a civil penalty imposed by the board by administrative proceedings that apply to alcoholic beverage licenses, as follows:
(1) For the first violation, a civil penalty not to exceed five hundred dollars ($500).
(2) For a second violation, a civil penalty not to exceed three thousand dollars ($3,000).
(3) For a third or any subsequent violation, a civil penalty not to exceed six thousand dollars ($6,000).
(h) Any fines or fees received by the board under this section, including, but not limited to, the direct wine shipper licensee fee, shall be used by the board in order to perform its regulatory duties under Title 28.
(i) A direct wine shipper licensee may not avoid liability under this section by subcontracting with a third party to perform its obligations required pursuant to this section.
(j) For purposes of this chapter, the following terms shall have the following meanings:
(1) DIRECT WINE SHIPPER. A person in possession of a current, valid direct wine shipper license.
(2) DIRECT WINE SHIPPER LICENSE. A license issued by the board that authorizes the licensee to ship wine or contract for the shipment of wine from a manufacturer to an Alabama resident pursuant to this section and Section 28-3A-6.2.
(3) SHIPMENT. The transportation of wine from a manufacturer to an Alabama resident as provided in this chapter.
(4) WINE FULFILLMENT CENTER. A premises that operates as a bailment warehouse for wine permitted to be sold directly by a direct wine shipper licensee to an Alabama resident pursuant to this section and Section 28-3A-6.2.
(5) WINE FULFILLMENT CENTER LICENSE. A license issued by the board that authorizes a licensed wine fulfillment center to ship wine to an Alabama resident on behalf of a direct wine shipper pursuant to this section and Section 28-3A-6.2.
(Act 2021-419, §3.)
