Section 19F Shipment licenses for large and small wineries; regulation and enforcement by commission
Section 19F. (a) The commission may issue to an applicant, who: (1) operates a winery whose total annual production, including that of its affiliates, franchises and subsidiaries, is 30,000 gallons of wine or more; provided, however, any wine or wine product fermented from other than grapes shall not be included in the aforementioned 30,000 gallon figure; and (2) is authorized by the appropriate licensing authority to manufacture, export and sell wine, a large winery shipment license to sell and ship wine or winery products produced by the winery directly to consumers; provided that the winery has not contracted with or has not been represented by a wholesaler licensed under section 18 for the preceding 6 months.
(b) The commission may issue to an applicant who: (1) operates a winery whose total annual production, including that of its affiliates, franchises and subsidiaries, is less than 30,000 gallons of wine; provided, however, any wine or wine product fermented from other than grapes shall not be included in the aforementioned 30,000 gallon figure; and (2) is authorized by the appropriate licensing authority to manufacture, export and sell wine, a small winery shipment license to sell and ship wine or winery products produced by the winery: (i) at retail directly to consumers; (ii) at wholesale in kegs, casks, barrels or bottles to a person licensed under section 12, 13 or 14; (iii) at wholesale for the sole purpose of resale in containers in which wine was delivered to any person licensed under section 15; provided, that all direct deliveries of wine from a winery to a section 15 licensee shall not exceed 250 cases of wine annually; (iv) at wholesale to a person licensed under section 18, 19 or 19B; (v) at wholesale to churches and religious societies, educational institutions, incorporated hospitals, homes for the aged, manufacturers of food products and manufacturers of drugs and chemicals under section 28; or (vi) at wholesale to a registered pharmacist holding a certificate of fitness under section 30.
(c) The annual license fee for a license issued under this section shall be $100 per winery; provided, however, that an affiliate, franchise or subsidiary thereof shall require a separate license. The applicant shall provide the commission and the department of revenue with a true copy of the applicable alcoholic beverage licenses to manufacture, export and sell its wine as issued by the appropriate licensing authority. A copy of the wine shipment license, obtained under this section, shall be sent by the commission to the department of revenue to be kept on file.
(d) A person licensed under this section may ship wine in accordance with section 22.
(e) A household shall not receive delivery of more than 240 liters of wine per year from licensees under this section.
(f) A person licensed under this section shall: (i) report monthly to the commission and the department of revenue the total number of gallons of wine shipped into the commonwealth for the preceding month; (ii) pay to the department of revenue, under the department’s rules and regulations, all taxes due, the amount of such taxes to be calculated as if the sale were at the location where the delivery is made; provided, however, that the licensee shall pay, for each shipment of wine, the excise levied on importations of wine calculated under section 21; and (iii) upon request, allow the commission or the department of revenue to perform an audit of the licensee’s records.
(g) The commission shall enforce the requirements of this section, by administrative proceedings, against a licensee who ships wine in violation of this section, as follows:—
(i) for a first violation, by a fine of $100;
(ii) for a second violation, by a suspension of the winery’s direct shipment license for not more than 1 year, a fine of $500, or both;
(iii) for a third violation, by prohibition of the winery from making any shipments of wine under this section or through a wholesaler or importer under section 18, by a fine of up to $5,000, or both; provided, however, that after 1 year, the winery may apply for the authority to ship wine through a wholesaler or importer under said section 18; and
(iv) if a violation of this section involves a sale or delivery to a person under 21 years of age, a first offense may be punished by suspension of the winery’s direct shipment license for not more than 1 year; and a second offense may be punished by a prohibition of the winery from making any shipments of wine under this section or through a wholesaler or importer under section 18; provided, however, that after 1 year the winery may apply for the authority to ship wine through a wholesaler or importer under section 18; provided, however, that nothing in this clause shall preclude punishment under section 34.
(h) No person shall direct ship wine to consumers without a license to sell and ship wine. A person who manufactures, transports, imports, exports or receives wine in violation of this chapter shall be deemed to have engaged in a deceptive act or practice under chapter 93A; provided, however, that a common carrier acting in the ordinary course of business shall be exempt from this subsection.
(i) The commission may promulgate rules and regulations necessary to effectuate its alcohol oversight, licensing and enforcement purposes under this chapter as they relate to this section, including rules and regulations for reporting violations of this section and the requirement of sufficient documentation of a winery’s annual wine production. The department of revenue may promulgate rules and regulations necessary to effectuate the tax oversight, collection and enforcement provisions of the General Laws as they relate to this section. The rules and regulations shall be submitted to the joint committee on state administration and regulatory oversight and the joint committee on consumer protection and professional licensure before promulgating such rules and regulations.
(j) The commission shall issue an annual report to the house and senate committees on ways and means and the joint committee on consumer protection and professional licensure, which shall include, but not limited to, a determination of licenses issued, a review of violations and enforcement measures under this section and an analysis of the need for changes in the laws and regulations relative thereto.