Sec. 30-18a. Out-of-state small winery shipper's permit for wine.
Sec. 30-18a. Out-of-state small winery shipper's permit for wine. (a) An out-of-state winery shipper's permit for wine shall allow the sale of wine to manufacturer
and wholesaler permittees in this state as permitted by law and for those shippers that
produce not more than one hundred thousand gallons of wine per year, the sale and
shipment by the holder thereof to a retailer of wine manufactured by such permittee in
the original sealed containers of not more than fifteen gallons per container.
(b) Subject to the provisions of this subsection, an out-of-state winery shipper's
permit for wine shall allow the sale and delivery or shipment of wine manufactured by
the permittee directly to a consumer in this state. Such permittee, when selling and
shipping wine directly to a consumer in this state, shall: (1) Ensure that the shipping
labels on all containers of wine shipped directly to a consumer in this state conspicuously
state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE
21 OR OLDER REQUIRED FOR DELIVERY"; (2) obtain the signature of a person
age twenty-one or older at the address prior to delivery, after requiring the signer to
demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle
operator's license or a valid identity card described in section 1-1h; (3) not ship more
than five gallons of wine in any two-month period to any person in this state and not
ship any wine until such permittee is registered, with respect to the permittee's sales of
wine to consumers in this state, for purposes of the taxes imposed under chapters 219 and
220, with the Department of Revenue Services; (4) pay, to the Department of Revenue
Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220
on sales of wine to consumers in this state, and file, with said department, all sales tax
returns and alcoholic beverage tax returns relating to such sales, with the amount of
such taxes to be calculated as if the sale were in this state at the location where delivery
is made; (5) report to the Department of Consumer Protection a separate and complete
record of all sales and shipments to consumers in the state, on a ledger sheet or similar
form which readily presents a chronological account of such permittee's dealings with
each such consumer; (6) permit the Department of Consumer Protection and Department
of Revenue Services, separately or jointly, to perform an audit of the permittee's records
upon request; (7) not ship to any address in the state where the sale of alcoholic liquor
is prohibited by local option pursuant to section 30-9; (8) hold an in-state transporter's
permit pursuant to section 30-19f or make any such shipment through the use of a person
who holds such an in-state transporter's permit; and (9) execute a written consent to the
jurisdiction of this state, its agencies and instrumentalities and the courts of this state
concerning the enforcement of this section and any related laws, rules, or regulations,
including tax laws, rules or regulations.
(c) The Department of Consumer Protection, in consultation with the Department
of Revenue Services, may adopt regulations in accordance with the provisions of chapter
54 to assure compliance with the provisions of subsection (b) of this section.
(d) A holder of an out-of-state winery shipper's permit for wine, when advertising
or offering wine for direct shipment to a consumer in this state via the Internet or any
other on-line computer network, shall clearly and conspicuously state such liquor permit
number in its advertising.
(e) (1) For purposes of chapter 219, the holder of an out-of-state winery shipper's
permit for wine, when shipping wine directly to a consumer in this state, shall be deemed
to be a retailer engaged in business in this state as defined in chapter 219 and shall be
required to be issued a seller's permit pursuant to chapter 219.
(2) For purposes of chapter 220, the holder of an out-of-state winery shipper's permit
for wine, when shipping wine directly to a consumer in this state, shall be deemed to
be a distributor as defined in chapter 220 and shall be required to be licensed pursuant
to chapter 220.
(f) Any person who applies for an out-of-state winery shipper's permit for wine or
for the renewal of such permit shall furnish an affidavit to the Department of Consumer
Protection, in such form as may be prescribed by the department, affirming whether the
out-of-state winery that is the subject of such permit produced more than one hundred
thousand gallons of wine during the most recently completed calendar year.
(g) The annual fee for an out-of-state winery shipper's permit for wine shall be two
hundred fifty dollars.
(h) As used in this section, "out-of-state" means any state other than Connecticut,
any territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, but does not include any foreign country.
(P.A. 97-101; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-274, S. 3; P.A. 07-39,
S. 3.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department
of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004;
P.A. 05-274 designated existing provisions as Subsecs. (a) and (f) to (h), made technical changes therein and authorized
in Subsec. (a) the sale and shipment to a retailer by out-of-state winery shippers that produce not more than 100,000 gallons
of wine per year, added Subsec. (b) re the sale and delivery or shipment of wine by such permittee directly to a consumer
in this state, Subsec. (c) re regulations for the direct shipment of wine by such permittees to consumers in this state, Subsec.
(d) re the offering of wine for direct shipment to consumers in this state via the Internet and Subsec. (e) re such permittee's
classification as a retailer doing business in this state and classification as a distributor, effective July 13, 2005; P.A. 07-39 changed 60-day period to 2-month period in Subsec. (b)(3).