Wyoming farm winery permits.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0568

HOUSE BILL
NO.
HB0328

Wyoming farm winery permits.

Sponsored by:
Representative(s) Buchanan, Alden, Hageman and Miller and Senator(s) Meier

A BILL

for

AN ACT relating to alcoholic beverages; providing for the licensure of Wyoming farm wineries as specified; providing for permitting, taxation and regulation of a Wyoming farm winery as specified; amending related provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 12
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10
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101 through 12
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10
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105 are created to read:

CHAPTER 10
WYOMING FARM WINERY LICENSE

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101.

Farm winery license; when issued; rules and regulations.

(a)

A license to operate a Wyoming farm winery may be issued by the division upon payment of the fee required by W.S. 12
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4
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412 and compliance with the provisions of this chapter.

(b)

A Wyoming farm winery shall produce wine principally from fruit and agricultural produce harvested in this state which production does not exceed fifty thousand (50,000) gallons of wine annually. The wine produced shall be not less than seventy-five percent (75%) from Wyoming fruit and agricultural produce.

(c)

Any wine produced by a Wyoming farm winery with less than seventy-five percent (75%) from Wyoming agricultural produce as required by subsection (b) of this section shall be taxed at the regular rate for fermented liquors as provided by W.S. 12
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101(a).

(d)

The division shall promulgate rules and regulations for the implementation of this chapter.

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102.

Authorized activities of licensee.

(a)

A licensed Wyoming farm winery may produce, bottle, store, transport or export wines as provided by this section.

(b)

A licensed Wyoming farm winery may:

(i)

Sell wine to other wineries;

(ii)

Sell wines at wholesale to licensed retailers;

(iii)

Sell wines at retail to consumers for consumption on or off the licensed premises;

(iv)

List and sell wines to the Wyoming liquor division;

(v)

Export wines outside of this state to licensees and consumers, subject to the laws and regulations of the receiving state;

(vi)

Purchase and sell other wines for consumption on or off the licensed premises obtained from the division, from other Wyoming farm wineries, or through direct shipping;

(vii)

Purchase distilled spirits for the purposes of fortification from the division.

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103.

Winery tasting rooms.

(a)

A farm winery shall be permitted to sample or sell wine by the glass, bottle or case for consumption on or off the premises in a tasting room. Samples may be served complimentary or for a fee.

(b)

Any person under the age of eighteen (18) years of age may enter and remain in the tasting room when accompanied by a parent or guardian.

(c)

A farm winery may, either alone or in conjunction with another licensed winery in this state, apply to the division to operate not to exceed three (3) satellite locations in this state. A satellite location tasting room shall be subject to the same requirements as a winery tasting room as provided by this section. The provisions of W.S. 12
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412(d) shall apply to this section.

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104.

Special event license.

A farm winery may apply, either alone or in conjunction with another licensed winery in this state, to the division for a special events license where wine may be sampled or sold by the glass, bottle or case in the same manner as the wine is sold at the winery. A special event may include but is not limited to a fair, festival or convention. The fee for the permit shall be twenty-five dollars ($25.00). The division shall promulgate rules and regulations for the implementation of this section.

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105.

In-state direct shipment.

(a)

A farm winery may ship wine to any individual over the age of twenty-one (21) years who is a resident of this state for personal consumption and not for resale. The provisions of W.S. 12
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204(d)(i) through (iv), (vi), (vii) and (f) shall apply to shipments made under this subsection.

(b)

A farm winery may ship wine to an individual consumer over the age of twenty-one (21) years who resides outside of this state. The shipment shall be subject to the laws of the state in which the individual resides.

Section 2.
W.S. 12
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101(a)(xxiv) and by creating a new paragraph (xxvi) and 12
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101(a) are amended to read:

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101.

Definitions.

(a)

As used in this title:

(xxiv)

"This title" means W.S. 12
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101 through
12
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119
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105
;

(xxvi)

"Wyoming farm winery" means a winery which produces wine principally from fruit and agricultural produce harvested in this state which production does not exceed fifty thousand (50,000) gallons of wine annually. The wine produced shall be not less than seventy-five percent (75%) from Wyoming fruit and agricultural produce.

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101.

Excise tax to be paid; limitation on liquor or malt beverage importation; penalties.

(a)

An excise tax is assessed and shall be collected by the commission equal to three-fourths of one cent ($.0075) per one hundred (100) milliliters (3.4 ounces) or fraction thereof on fermented liquors,
thirteen one-hundredths of a cent ($.0013) per one hundred (100) milliliters (3.4 ounces) on fermented liquors produced from a Wyoming farm winery,
two and one-half cents ($.025) per one hundred (100) milliliters (3.4 ounces) or fraction thereof on spirituous liquors and one-half cent ($.005) per liter (33.8 ounces) or fraction thereof on malt beverages. The appropriate excise tax shall be collected on all alcoholic or malt beverages sold, offered for sale or use in this state.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0328