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HB0004 • 2006

Direct shipment-winery.

AN ACT relating to alcoholic beverages; allowing direct shipment of wine; providing limitations; and providing for an effective date.

Elections
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Corporations
Last action
2006-03-08
Official status
enrolled
Effective date
3/8/2006

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0004HS001

Standing Committee • H07

Adopted

Plain English: Adopted Standing Committee by H07

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2006-03-08 LSO

    Assigned Chapter Number - 8

  2. 2006-03-08 Governor

    Governor Signed HEA No. 0001

  3. 2006-03-06 Senate

    S President Signed HEA No. 0001

  4. 2006-03-06 House

    H Speaker Signed HEA No. 0001

  5. 2006-03-03 LSO

    Assigned Number HEA0001

  6. 2006-03-03 Senate

    S Passed 3rd Reading

  7. 2006-03-02 Senate

    S Passed 2nd Reading

  8. 2006-03-01 Senate

    S Passed CoW

  9. 2006-02-23 Senate

    S Placed on General File

  10. 2006-02-23 Senate

    S07 Recommended Do Pass

  11. 2006-02-21 Senate

    S Introduced and Referred to S07

  12. 2006-02-21 Senate

    S Received for Introduction

  13. 2006-02-17 House

    H Passed 3rd Reading

  14. 2006-02-16 House

    H Passed 2nd Reading

  15. 2006-02-15 House

    H Passed CoW

  16. 2006-02-15 House

    Amendment Adopted

  17. 2006-02-15 House

    H Amendments Adopted

  18. 2006-02-15 House

    H Placed on General File

  19. 2006-02-15 House

    H07 Recommended Amend and Do Pass

  20. 2006-02-13 House

    H Introduced and Referred to H07

  21. 2006-02-13 House

    H Received for Introduction

  22. 2005-12-05 LSO

    Bill Number Assigned

Official Summary Text

HB0004 Bill Summary

Bill
No.:
HB0004

Drafter:

KMS

LSO
No.:

06LSO-0086

Effective Date:

3/8/2006

Enrolled
Act No.:

HEA0001

Chapter
No.:

8

Prime Sponsor:

Joint Corporations, Elections
and Political Subdivisions Interim Committee

Catch
Title:

Direct shipment-winery.

Subject:

Allows
persons holding winery permits to sell and ship wine within the state of
Wyoming.

Summary/Major
Elements:

Current law allows direct shipment of wine out of
state and direct shipment into state from out of state wineries.

This bill:

o

Allows a person holding
a winery permit to sell and ship no more than eighteen (18) liters of its
manufactured wine directly to any one (1) household in this state in any twelve
(12) month period;

o

Allows a winery permit
holder to sell its manufactured wine to the liquor division;

o

Requires shipping to only those individuals who are at least twenty-one
(21) years of age and requires shipping containers to be labeled;

o

Requires all shipping
to be made by a duly licensed carrier;

o

Requires a monthly
report be filed with the liquor division subject to a late filing fee; and

o

Requires winery permit
holders to maintain records for three (3) years.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0004

ENROLLED ACT NO. 1, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2006 BUDGET SESSION

AN ACT relating to alcoholic beverages; allowing direct shipment of wine; providing limitations; and providing for an effective date.

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

Section 1.

W.S. 12
‑
4
‑
412 by creating new subsections (e) through (g) is amended to read:

12
‑
4
‑
412.

Microbrewery and winery permits; authorized; conditions; dual permits and licenses; satellite winery permits; direct shipment of wine; fees.

(e)

Notwithstanding paragraph (b)(v) of this section and W.S. 12
‑
5
‑
201, any person holding a winery permit as provided by this section, may sell and ship no more than a total of eighteen (18) liters of its manufactured wine directly to any one (1) household in this state in any twelve (12) month period.

(f)

Notwithstanding paragraph (b)(v) of this section and W.S. 12
‑
5
‑
201, any person holding a winery permit as provided by this section, may sell and ship its manufactured wine which is not listed with the liquor division as part of its inventory and distribution operation to any Wyoming retail establishment which holds a liquor license in this state.

(g)

Any licensed winery holding a winery permit pursuant to this section shall:

(i)

Not ship more than a total of eighteen (18) liters of its manufactured wine to any one (1) household in this state during any twelve (12) month period;

(ii)

Offer to sell its manufactured wine to the liquor division at wholesale prices if the winery ships more than ninety (90) liters total of any of its manufactured wine to any combination of households or licensed retailers in this state;

(iii)

Ship its manufactured wine only to individuals who are at least twenty-one (21) years of age for such individual's personal use and not for resale;

(iv)

Ensure that all shipping containers of manufactured wine shipped pursuant to this section are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULTS (OVER 21) SIGNATURE REQUIRED FOR DELIVERY";

(v)

Ensure that all of its shipments within this state are made by a duly licensed carrier and further ensure that such carriers comply with the requirement to obtain an adult signature;

(vi)

File a monthly report of wines shipped out of state on a form provided by the liquor division and include a copy of the invoice for each shipment of their own manufactured wine subject to the following:

(A)

The report shall be filed with the liquor division not later than the tenth of the month following the month in which the shipment was made;

(B)

Any report filed late with the liquor division shall be subject to a late filing fee of twenty-five dollars ($25.00).

(vii)

Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1