42-3356. Bonds required of domestic farm
wineries; exemption
A. Every domestic farm winery that makes deliveries pursuant to section 4-205.04,
subsection C, paragraph 7 or 9 shall file with the department, in a form prescribed by
the department, a bond or bonds, duly executed by the domestic farm winery as principal,
and with a corporation duly authorized to execute and write bonds within this state as
surety, payable to this state and conditioned on the payment of all taxes, penalties and
other obligations of the domestic farm winery arising under this chapter and chapter 5 of
this title.
B. The department shall fix the total amount of the bond or bonds required of the
domestic farm winery and may increase or reduce the total amount at any time. In fixing
the total amount, the department shall require a bond or bonds equivalent in total amount
to twice the domestic farm winery's estimated monthly tax, ascertained in a manner deemed
proper by the department. The total amount of the bond or bonds required of any domestic
farm winery shall not be less than five hundred dollars.
C. A domestic farm winery is exempt from the requirements of this section if the
domestic farm winery has made timely payment of any taxes imposed by this chapter for the
twelve consecutive months immediately preceding the current month.
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