08 LC 35
0729
Senate
Bill 357
By:
Senators Unterman of the 45th, Staton of the 18th, Cowsert of the 46th, Harp of
the 29th and Schaefer of the 50th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 3 of the Official Code of Georgia, relating to wine, so
as to provide for direct shipping; to amend certain provisions relating to
shipping licenses; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 3 of the Official Code of Georgia, relating to wine, is amended by
revising Code Section 3-6-31, relating to special order shipping license
requirements and regulations, as follows:
"3-6-31.
(a)
Notwithstanding any other provision of this title to the contrary, a shipper,
without complying with the provisions of Code Section 3-6-22, may be authorized
to make direct shipments of wine to consumers in this state upon obtaining a
special order shipping license from the commissioner.
(b)
A special order shipping license shall only be issued to a
person
shipper
who holds a valid federal basic wine manufacturing permit and who is not
otherwise licensed under this title, upon compliance with all applicable
provisions of this title and the regulations promulgated pursuant to this title,
and upon payment of the license fee designated for retail dealers in Code
Section 3-6-20.
(c)
A special order shipping license shall entitle the shipper to ship wine upon
order directly to consumers for personal or household use in this state without
designating wholesalers as required by Code Section 3-6-22, provided that:
(1)
The holder of a special order shipping license shall only ship brands of wine
for which he or she has submitted labels to the commissioner;
(2)
No holder of a special order shipping license shall be permitted to ship in
excess of 50 cases of wine of one brand or a combination of brands into this
state or in excess of five cases of wine of one brand or a combination of brands
to any one consumer or address per calendar year;
(3)
Before accepting an order from a consumer in this state, the holder of a special
order shipping license shall require that the person placing the order state
affirmatively that he or she is of the age required by Code Section 3-3-23
and shall
verify the age of such person placing the order either by the physical
examination of an approved government issued form of identification or by
utilizing an Internet based age and identification verification service approved
by the commissioner;
(4)
No holder of a special order shipping license shall accept any order for any
wine that is otherwise registered and designated pursuant to this title or from
a person who is licensed under this title; and
(5)
Every shipment of wine by the holder of a special order shipping license shall
be clearly marked 'Alcoholic Beverages, Adult Signature
Required,'
and the carrier delivering such shipment shall obtain the signature of an adult
as a condition of delivery.
(d)
The failure to comply strictly with the requirements of this Code section, Code
Section 3-3-23, and all applicable provisions of this title and regulations
promulgated pursuant to this title shall be grounds for the revocation of a
special order shipping license or other disciplinary action by the commissioner.
Upon revocation of a special order shipping license for shipment of wine to a
person not of age as required by Code Section 3-3-23, such
person
shipper
shall not be issued any license pursuant to this Code section for a period of
five years from the date of revocation.
(e)
The holder of a special order shipping license shall collect all excise taxes
imposed by Code Section 3-6-50, shall remit such taxes in the same manner as
licensed wine wholesalers, and shall accompany such remittance with such
reports, documentation, and other information as may be required by the
commissioner.
In addition,
an applicant for and a holder of a special order shipping license, as a
condition of receiving and holding a valid license, shall:
(1)
Agree to collect and pay applicable Georgia state and local sales tax on any
sale shipped to a consumer in Georgia;
(2)
Accompany each remittance with such sales tax report, documentation, and other
information as may be required by the commissioner; and
(3)
Consent to enforcement of the provisions of this Code section by the Department
of Revenue and to the jurisdiction of the courts of Georgia for the collection
of taxes or other monies owing, including interest and penalties.
(f)
The commissioner may promulgate such rules and regulations as are necessary and
appropriate for the enforcement of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.