§281-33.1  Individual permits to receiveshipments of liquor.  (a)  Notwithstanding any other provisions of law, anyunlicensed adult person may apply to the liquor commission and be issued, for anominal fee, except as hereinafter provided, a permit to receive a singleshipment of liquor from outside the State, not to exceed five gallons, (19liters), for use and consumption by the applicant and the applicant's householdand not for sale in any form.

(b)  In the case of a shipment that theapplicant shows is an unsolicited gift, the quantities permitted to be receivedunder subsection (a) shall be limited to 3.2 gallons (12 liters) in total ofall kinds of liquor.

(c)  In the case of a shipment in respect ofwhich the applicant shows to the liquor commission that the liquor was prior tothe date of the application the personal property of the applicant, formed apart of the applicant's household goods, was used and stored outside the State,and was originally acquired (or made by the applicant) outside the State, thequantity of wine, or other liquor capable of aging and originating from grapesor other fruit, which shall be permitted to be received under subsection (a)may exceed the limit there stated if the commission finds that it is reasonableto do so consistent with the intent of this statute to allow persons taking upresidency in the State the free movement of their household goods into thisState.

(d)  In the case of a shipment of wine or beerthat is otherwise available in the State, the permit shall not be issued unlessthe applicant pays a fee equal to the tax that would be imposed by section244D-4 upon the use of liquor having a wholesale price equal to the price paidor to be paid by the applicant for the wine or beer being shipped, and such feeshall be in lieu of the imposition by section 244D-4 of any tax upon the use ofthe wine or beer.

(e)  Except in the case of applications meetingthe requirements of subsection (b), (c), or (d), the permit shall not be issuedunless the applicant demonstrates to the satisfaction of the liquor commissionthat each of the brands to be brought in under the permit is otherwiseunavailable in the State.

(f)  No more than one permit may be issuedpursuant to subsection (a) in respect of any one household in any calendaryear, and each applicant shall be required to affirm, under penalty of perjury,that no member of the applicant's household has previously received such apermit in the applicable calendar year.

(g)  All such applications and shipments shallbe in accordance with regulations promulgated by the liquor commission.

(h)  A common carrier to whom the permit ispresented is authorized to make delivery of the described shipment to theperson named in the permit.  Delivery of such a shipment pursuant to the permitshall not be deemed to constitute a sale in this State.

(i)  An unlicensed adult shall not be requiredto obtain a permit under this section to receive shipments of liquor pursuantto section 281-33.6. [L 1976, c 190, §2; am L 1984, c 269, §2; am L 1985, c 16,§10; gen ch 1985; am L 2003, c 153, §1; am L 2006, c 227, §2]