§281-33.6  Direct shipment of wine by
wineries.  (a)  Any person holding:



(1)  A general excise tax license from the department
of taxation; and



(2)  Either:



(A)  A class 1 or class 16 license to
manufacture wine under section 281-31; or



(B)  A license to manufacture wine issued by
another state,



may pay any applicable fees and obtain a direct wine
shipper permit from the liquor commission of the county to which the wine will
be shipped authorizing the holder to directly ship wine to persons in the county
pursuant to this section.



(b)  The holder of a direct wine shipper permit
may sell and annually ship to any person twenty-one years of age or older in
the county that issued the permit, no more than six nine-liter cases of wine
per household for personal use only and not for resale, and shall:



(1)  Ship wine directly to the person only in
containers that are conspicuously labeled with the words:



"CONTAINS ALCOHOL:  SIGNATURE OF PERSON AGE
21 YEARS OR OLDER REQUIRED FOR DELIVERY.";



(2)  Require that the carrier of the shipment obtain
the signature of any person twenty-one years of age or older before delivering
the shipment;



(3)  Report no later than January 31 of each year to
the liquor commission in each county where a direct wine shipper permit is held,
the total amount of wine shipped to persons in the county during the preceding
calendar year;



(4)  Pay all applicable general excise and gallonage
taxes.  For gallonage tax purposes, all wine sold under a direct wine shipper
permit shall be deemed to be wine sold in the State; and



(5)  Be subject to audit by the liquor commission of
each county in which a permit is held.



(c)  The holder of a license to manufacture
wine issued by another state may annually renew a direct wine shipper permit by
providing the liquor commission that issued the permit with a copy of the
license and paying all required fees.  The holder of a class 1 or class 16
license to manufacture wine under section 281-31 may renew a direct wine
shipper permit concurrently with the class 1 license by complying with all
applicable laws and paying all required fees.



(d)  The sale and shipment of wine directly to
a person in this State by a person that does not possess a valid direct wine
shipper permit is prohibited.  Knowingly violating this law is a misdemeanor.



(e)  The liquor [commission] in each county may
adopt rules and regulations necessary to carry out the intent and purpose of
this section. [L 2006, c 227, §1; am L 2008, c 163, §2]