Title 3, Chapter 6, Section 31
( 3-6-31)
(a) Notwithstanding any other provision of this title to the contrary, a shipper, without complying with the provisions of Code Section 3-6-22, may be authorized to make direct shipments of wine to consumers in this state upon obtaining a special order shipping license from the commissioner. (b) A special order shipping license shall only be issued to a person who holds a valid federal basic wine manufacturing permit and who is not otherwise licensed under this title, upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20. (c) A special order shipping license shall entitle the shipper to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that: (1) The holder of a special order shipping license shall only ship
brands of wine for which he or she has submitted labels to the
commissioner; (2) No holder of a special order shipping license shall be
permitted to ship in excess of 50 cases of wine of one brand or a
combination of brands into this state or in excess of five cases
of wine of one brand or a combination of brands to any one
consumer or address per calendar year; (3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23; (4) No holder of a special order shipping license shall accept any
order for any wine that is otherwise registered and designated
pursuant to this title or from a person who is licensed under this
title; and (5) Every shipment of wine by the holder of a special order
shipping license shall be clearly marked "Alcoholic Beverages,
Adult Signature Required" and the carrier delivering such shipment
shall obtain the signature of an adult as a condition of delivery. (d) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such person shall not be issued any license pursuant to this Code section for a period of five years from the date of revocation. (e) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner. (f) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section. |