§ 18B-1001.1. Authorization of wine shipper permit.
§ 18B‑1001.1. Authorization of wine shipper permit.
(a) A winery holding afederal basic wine manufacturing permit located within or outside of the Statemay apply to the Commission for issuance of a wine shipper permit that shallauthorize the shipment of brands of fortified and unfortified wines identifiedin the application. The applicant shall not be required to pay an applicationfee for the wine shipper permit. A wine shipper permittee may amend the brandsof wines identified in the permit application but shall file any amendment withthe Commission. Any winery that applies for a wine shipper permit shall notifyin writing any wholesalers that have been authorized to distribute the winery'sbrands within the State that an application has been filed for a wine shipperpermit. A wine shipper permittee may sell and ship not more than two cases ofwine per month to any person in North Carolina to whom alcoholic beverages maybe lawfully sold. All sales and shipments shall be for personal use only andnot for resale. A case of wine shall mean any combination of packagescontaining not more than nine liters of wine.
(b) A wine shipperpermittee that ships to addresses in the State more than 1,000 cases of wine ina calendar year must appoint at least one wholesaler to offer and sell theproducts of the wine shipper permittee under Article 12 of this Chapter if thewine shipper permittee is contacted by a wholesaler that wishes to sell theproducts of the wine shipper permittee. This provision shall not be construedto require the wine shipper permittee to appoint the wholesaler that originallycontacted the wine shipper permittee. Wine purchased by a resident of the Stateat the premises of the wine shipper permittee and shipped to an address in theState under G.S. 18B‑109(d) shall not be included in calculating thetotal of 1,000 cases per year.
(c) A wine shipperpermittee may contract with the holder of a wine shipper packager permit forthe packaging and shipment of wine pursuant to this section. The directshipment of wine by wine shipper or wine shipper packager permittees pursuantto this section shall be made by approved common carrier only. Each commoncarrier shall apply to the Commission for approval to provide common carriageof wines shipped by holders of permits issued pursuant to this section.
Each common carrier makingdeliveries pursuant to this section shall:
(1) Require therecipient, upon delivery, to demonstrate that the recipient is at least 21years of age by providing a form of identification specified in G.S. 18B‑302(d)(1).
(2) Require therecipient to sign an electronic or paper form or other acknowledgment ofreceipt as approved by the Commission.
(3) Refuse delivery whenthe proposed recipient appears to be under the age of 21 years and refuses topresent valid identification as required by subdivision (1) of this subsection.
(4) Submit any otherinformation that the Commission shall require.
All wine shipper and wineshipper packager permittees shipping wines pursuant to this section shall affixa notice in 26‑point type or larger to the outside of each package ofwine shipped within or to the State in a conspicuous location stating:"CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDERREQUIRED FOR DELIVERY". Any delivery of wines to a person under 21 yearsof age by a common carrier shall constitute a violation of G.S. 18B‑302(a)(1)by the common carrier. The common carrier and the wine shipper or wine shipperpackager permittee shall be liable only for their independent acts.
(d) A wine shipperpermittee shall be subject to jurisdiction of the North Carolina courts byvirtue of applying for a wine shipper permit and shall comply with any audit orother compliance requirements of the Commission and the Department of Revenue. (2003‑402, s. 2; 2004‑203,s. 26(a); 2005‑380, s. 2; 2006‑227, s. 4.)