HB 159 - Wine; state license requirements; direct shipment to Georgia residents; provisions

Current Version

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Committees

HC:RegI
SC:

Current Status

01/26/07 - House Second Readers

First Reader Summary

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the state license requirements and regulations for the distribution and sale of wine, so as to provide for the direct shipment of certain quantities of wine to Georgia residents over the age of 21; to provide for the issuance of wine direct shipper licenses if certain requirements are met; to prohibit certain actions by wine direct shipper licensees; to provide for wine direct shipper license renewals; to provide for powers, duties, and authority of the state revenue commissioner; to provide for civil and criminal violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Status History

Bill History
Date	Action
01/25/2007	House First Readers
01/26/2007	House Second Readers

Versions

LC 36 0449/a

07 LC 36 0449

House Bill 159

By: Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Benfield of the 85th, and Wilkinson of the 52nd

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the state license requirements and regulations for the distribution and sale of wine, so as to provide for the direct shipment of certain quantities of wine to Georgia residents over the age of 21; to provide for the issuance of wine direct shipper licenses if certain requirements are met; to prohibit certain actions by wine direct shipper licensees; to provide for wine direct shipper license renewals; to provide for powers, duties, and authority of the state revenue commissioner; to provide for civil and criminal violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the state license requirements and regulations for the distribution and sale of wine, is amended by adding a new Code section to read as follows:

"3-6-33.

(a) Notwithstanding any other provision of this title to the contrary, any person currently licensed in this or any other state as a winery or a manufacturer, wholesale dealer, importer, or retail dealer of wine who obtains a wine direct shipper license, as provided for in this Code section, may ship up to 24 nine-liter cases of wine annually directly to a resident of Georgia, who is at least 21 years of age, for such resident´s personal use and not for resale.

(b) Before sending any shipment to a resident of Georgia, the wine direct shipper licensee must first:

(1) File an application with the commissioner;

(2) Pay a $100.00 registration fee;

(3) Provide to the commissioner a true copy of its current alcoholic beverage license issued in this or any other state; and

(4) Obtain from the commissioner a wine direct shipper license.

(1) Not ship more than 24 nine-liter cases of wine annually to any resident in this state for such resident´s personal use and not for resale;

(2) Not ship any wine to any person who is not at least 21 years of age;

(3) Not ship to any address in an area identified by the commissioner as a county, municipality, or unincorporated area of a county where the sale of wine is prohibited;

(4) Ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words 'CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY';

(5) If located outside this state, report to the commissioner annually the total amount of wine shipped into this state during the preceding calendar year;

(6) If located outside of this state, annually pay to the commissioner all sales taxes and excise taxes due on sales to residents of this state in the preceding calendar year, the amount of such taxes to be calculated as if the sale were in this state at the location where delivery is made;

(7) If located within this state, collect all excise taxes imposed by Code Section 3-6-50, remit such taxes in the same manner as licensed wine wholesalers, and accompany such remittance with such reports, documentation, and other information as may be required by the commissioner;

(8) Permit the commissioner to perform an audit of the wine direct shipper licensee´s records upon request; and

(9) Be deemed to have consented to the jurisdiction of the commissioner or any other state agency and the state courts concerning enforcement of this Code section and any related laws, rules, or regulations.

(d) The wine direct shipper licensee may annually renew its license with the commissioner by paying a $50.00 renewal fee and providing the commissioner a true copy of its current alcoholic beverage license issued in this or any other state.

(e) The commissioner may promulgate rules and regulations to effectuate the purposes of this Code section.

(f) Except as otherwise provided in this title, shipments of wine direct to residents in this state from a person who does not possess a current wine direct shipper license from the commissioner are prohibited and any person who knowingly makes, participates in, transports, imports, or receives such a shipment shall, upon conviction thereof, be guilty of a misdemeanor. Without limitation on any punishment or remedy, criminal or civil, any person who knowingly makes, participates in, transports, or imports or receives such a shipment commits an unfair trade practice and shall be subject to the provisions of Article 15 of Chapter 1 of Title 10."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.