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



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



(c)  In the case of a shipment in respect of
which the applicant shows to the liquor commission that the liquor was prior to
the date of the application the personal property of the applicant, formed a
part 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, the
quantity of wine, or other liquor capable of aging and originating from grapes
or 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 reasonable
to do so consistent with the intent of this statute to allow persons taking up
residency in the State the free movement of their household goods into this
State.



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



(e)  Except in the case of applications meeting
the requirements of subsection (b), (c), or (d), the permit shall not be issued
unless the applicant demonstrates to the satisfaction of the liquor commission
that each of the brands to be brought in under the permit is otherwise
unavailable in the State.



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



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



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



(i)  An unlicensed adult shall not be required
to obtain a permit under this section to receive shipments of liquor pursuant
to 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]