Winery Distribution Rules

State-by-State Wine Distribution Rules

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Making wine can be an extremely difficult and complex process, requiring knowledge both deep and wide on things from the intricacies of growing the best grapes to how the sugars in those grapes will react when fermenting. Similarly, there is a lot that goes into selling wine.

Apart from the standard sales efforts, selling wine brings a world of regulatory complexity — well, if not a world, then at least a nation of it. In the United States, each state has its own set of rules that must be followed when distributing wine into and within the state. Many states follow similar themes or patterns in designing their legislation, but there are still 50 different variations you need to know.

We have tried to remove some of this complication so you can get get back to the parts of the job you actually enjoy. You can find a breakdown of some of the more common rules — and how each state applies them — in this guide. We hope you gain some insight into what wineries need to comply with when they bring their wines into new markets in different states.

It’s possible that you could know your home state’s rules as well as you know exactly what makes your 2016 Pinot distinct from the 2015 vintage. But now you want to start selling in Oregon, Michigan, New York and Florida. Those four states all have wacky rules for selling wine. How can you possibly do to get a grip of all the new regulations you’ll face?

Take a quick look at this guide when faced with these kinds of scenarios. You’ll get an idea of what it will take to get your wine to new markets.

When reviewing the guide, keep a couple things in mind:

  1. The rules we’ve compiled are designed to give context for interstate distribution of wine; if you’re only selling in your home state, these rules may not apply perfectly.
  2. This is not a definitive or complete text. It’s a guide only, designed to help lead you in the right direction as you expand your distribution, but not to be the be-all and end-all source of state laws.
  3. While we do indicate where a state runs a Control system for the distribution of wine, these rules are primarily for those distributing in the private market. Except for a few states, which are indicated, the rules for licensing, registrations, and reporting do not describe how to operate in a state’s Control distribution model.

When you actually move to sell in a new state, be sure to consult with someone who can properly interpret how that state’s rules apply to your individual circumstances: Your compliance team, your attorneys, or even another winery located in that state.

And don’t forget ShipCompliant can further assist you in this process, once you get going, by providing an easy-to-use platform for your license management, product registration, product handling and state filing needs.

View the glossary to get familiar with the terms.

*The state specific content was last updated on 12/13/2018


ALABAMA

How is wine defined?
28-3-1(36) WINE. All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice.

Is this a control state for wine? 

Only for wines with an ABV exceeding 16.5%

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
No

Licensing

LICENSING

What license is required?
A Manufacturer or Importer Type

How much does the license cost?
$550

Do I need to have money held in bond?
No

Is there a representative license?
Yes; Each representatives of a supplier must be registered with the state; however it is not required for a supplier to have representatives to sell to distributors

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Brand Label approval is required

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – with Brand Label approval

Do I need to file my Territory Assignments with the state?
Yes – with Brand Label approval

Are there rules on the exclusivity of territory or brand assignments?

Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
No more than 3 liters of any brand may be provided to a retail licensee who has not purchased that product within the previous 6 months; samples may not be provided to state-run retailers

Do I need to be aware of Franchise Rules?
Yes — Territory Adjustments are restricted

Are there Primary American Source rules on Distributor’s purchases?
Yes – importers must provide an assignment letter

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Wine may only be delivered to the ABC Board, or licensed manufacturers, importers, or wholesaler warehouses

FILINGS

What’s the state’s Excise Tax?
$0.45 per liter

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly, list items shipped, invoice copies, prices, and sizes


Alaska

ALASKA

How is wine defined?
No special definition for “wine” is present in Alaska’s statutes; such products are included in the general definition of “alcoholic beverage” as any product intended for human consumption with an ABV of more than .5%.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
No license required to sell to licensed wholesalers

How much does the license cost?
n/a

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?

Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?

No

Are there Primary American Source rules on Distributor’s purchases?
Yes – supplier must certify to wholesaler they are the primary supplier

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No specific provisions noted; but only wholesalers may deliver to retail establishments

FILINGS

What’s the state’s Excise Tax?
$2.50 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


AZ

ARIZONA

How is wine defined?
ARS 4-101(38) “Wine” means the product obtained by the fermentation of grapes, other agricultural products
containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and
containing not more than twenty-four percent of alcohol by volume

Is this a control state for wine?

No

Can I Self-Distribute to retailers?

No

Can I ship Direct to consumers?

Yes

Licensing

LICENSING

What license is required?
A Type “2” Out-of-State Producer license; for wineries producing more than 200 gallons but less than 40,000 gallons annually, a 2W Farm Winery license is also available with additional privileges

How much does the license cost?
Type 2: $350 initial, $120 renewal; Type 2W: $200 initial, $170 renewal

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory of brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes – supplier must certify to wholesaler they are the primary supplier

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – deliveries must be unloaded and remain at wholesaler’s premises for at least 24 hours

FILINGS

What’s the state’s Excise Tax?
$0.84 per gallon for wines with an ABV less than 24%; $4.00 per gallon for wines with an ABV greater than 24%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No, though the Arizona Department of Revenue can require suppliers to provide copies of their invoices upon request


AR

ARKANSAS

How is wine defined?
Arkansas ABCD Regultions: Section 1.18 “Vinous” means the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight. 1.9 “Light Wine” means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juices of grapes, berries, or fruits, having an alcoholic content of between one-half of one percent (0.5%) and five percent (5%) alcohol by weight.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes, but only if purchased while customer is on winery’s premises

Licensing

LICENSING

What license is required?
Out of State Supplier Permit; wineries producing less than 250,000 gallons annually may also apply for a Small Farm Winery permit, which grants additional privileges

How much does the license cost?
Out of State Supplier Permit; wineries producing less than 250,000 gallons annually may also apply for a Small Farm Winery permit, which grants additional privileges

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
No – the designated wholesaler shall be the exclusive distributor of that brand label for the entire state

Are there rules on the exclusivity of territory or brand assignments? 

Yes – a wholesaler designated to distribute a brand will be the exclusive distributor of that brand in the entire state

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters per brand, only to a retailer who has not purchased that brand before

Do I need to be aware of Franchise Rules?
Yes — a supplier may not change the wholesaler registered to distribute a brand label without proving good cause

Are there Primary American Source rules on Distributor’s purchases?

No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?

No specific provisions noted; but only wholesalers may deliver to retail establishments

FILINGS

What’s the state’s Excise Tax?
$0.75 per gallon of wine; $0.25 per gallon of light wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly, send invoice information to Miscellaneous Tax Section


CALIFORNIA

How is wine defined?
BPC – § 23007. “Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
Only licensed instate manufacturers and winegrowers may sell directly to California retailers

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
None; however, while non-local wineries are not required to be licensed to have their products sold in the state, only parties licensed to import wine into California may actually bring it in

How much does the license cost?

n/a

Do I need to have money held in bond?

No

Is there a representative license?

No

Registrations

REGISTRATIONS

Do I need to register products first?

No

Do I need to Post Prices?

No

Do I need to file my Distributor Agreements with the state?

No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 1 liters per brand, only to a retailer who has not purchased that brand before; all samples must be clearly labeled

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.20 per gallon; $0.30 per gallon of sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


CO

COLORADO

How is wine defined?
12-47-103 (39) “Vinous liquors” means wine and fortified wines that contain not less than one-half of one
percent and not more than twenty-one percent alcohol by volume and shall be construed to mean an
alcohol beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural
products containing sugar.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?

No

Can I ship Direct to consumers?

Yes

Licensing

LICENSING

What license is required?
Importer’s License (Vinous & Spiritous Liquor)

How much does the license cost?
$300

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – brand

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there any rules on the exclusivity of territory or brand assignments? 

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Retailers may be provided with no more than 3 liters of a particular brand; but such sampling must be made with the wholesaler present and with no condition that the sampling lead to a purchase by the retailers

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?

Yes – supplier must be the Primary Source of a brand or must have written designation for permission to import from the Primary Source

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?

Yes – deliveries must come to rest at wholesaler’s instate location

FILINGS

What’s the state’s Excise Tax?
$0.0833 per liter

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


CT

CONNECTICUT

How is wine defined?
30-1(19) “Wine” means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, such as grapes or apples or other agricultural products, containing sugar, including fortified wines such as port, sherry and champagne.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
Yes; but only for licensed wineries producing not more than 100,000 gallons of wine per year

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Out of State Shipper’s Permit for Alcoholic Liquor (all products); or Out-of-State Winery Shipper’s Permit for Wine (Wine only)

How much does the license cost?
Permit for Alcoholic Liquor: $1350 initial, $1250 renewal; Permit for Wine: $415 initial, $315 renewal

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Brand

Do I need to Post Prices?
Yes – prices must be listed monthly with the DCP

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?

No – while wholesalers may only distribute within their designated territory, suppliers may designate multiple distributors in a given territory

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 1 liter per brand, only to a party authorized to purchase alcohol from a supplier and who has not sold the brand within the previous 12 month

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – if the registrant of a brand label is not the manufacturer, they must include an authorization letter to sell the brand from the manufacturer

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products must be inventoried by the wholesaler before they can deliver them to a retailer

FILINGS

What’s the state’s Excise Tax?
$0.72 per gallon of still wine with an ABV no greater than 21%; $1.80 per gallon of all sparkling wine and still wine with an ABV greater than 21%; Small Farm Wineries (who produce no more than 55,000 gallons annually) pay a lesser tax of $0.18 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly, the AU-933 Report of Shipments


DC

D.C.

How is wine defined?
25-101 (56) “Wine” means an alcoholic beverage containing not more than 15% alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
Yes – but only to holders of an “Importation Permit” where the ABRA has been satisfied that the brands being distributed are not available to that permit holder from another licensee based in the District

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
None; however, while non-local wineries are not required to be licensed to have their products sold in the District, only parties licensed to import wine into the District may actually bring it in

How much does the license cost?
n/a

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters per brand, only to a retailer who has not purchased that brand before

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.30 per gallon of still wine with an ABV no more than 14%; $0.40 per gallon of still wine with an ABV greater than 14%; $0.45 per gallon of all sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


DELAWARE

How is wine defined?
4-101 (51) ”Wine” means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition of alcohol or spirits as defined in this section.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes — onsite orders only under certain conditions; otherwise all sales into Delaware must go through a local wholesaler

Licensing

LICENSING

What license is required?
Out-of-State Supplier License

How much does the license cost?
$100 if “limited” (shipping 200 or less cases annually); $1000 if “unlimited” (shipping more than 200 cases per year)

Do I need to have money held in bond?
No

Is there a representative license?
Yes

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
3 gallon maximum of all products for tax-free samples; must be labelled as “SAMPLE FOR TASTING — NOT FOR SALE”

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – required by ruling of ABC

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products must be unloaded and physically stored at wholesaler’s warehouse for 18 hours minimum

FILINGS

What’s the state’s Excise Tax?
$1.63 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes — Supplier Report


FLORIDA

How is wine defined?
564.01 (1) “Wine” means all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change the character of the wine.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Primary American Source of Supply

How much does the license cost?
$15 per individual COLA that the party will register for sale in Florida per year

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No; price postings are made by Florida wholesalers

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters per brand, only to a retailer who has not purchased that brand before

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products may be delivered only to a licensed Florida manufacturer, distributor, or exporter

FILINGS

What’s the state’s Excise Tax?
$0.48 per gallon; $0.06 per pint, or fraction of, for containers smaller than a gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly 4000A-125-1


GA

GEORGIA

How is wine defined?
3-1-2 (24) “Wine” means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Out-of-State Winery or Farm Winery License (farm wineries must meet certain agricultural production limits in order get that license)

How much does the license cost?
$1,000 per year for a Winery license; $150 annually for a Farm Winery license; for new licenses, an initial $100 fee also appies

Do I need to have money held in bond?
Yes – a $5,000 corporate bond is required, filed on form ATT-108

Is there a representative license?
Yes – salespersons operating in the state must be licensed by the Georgia ABC, there is no fee

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?
Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Providing samples to retailers is prohibited by Georgia regulation 560-2-2-.13

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
No – but if you are not the brand owner, a letter of authority is required to register brand

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$2.53 per gallon of all wines with an ABV greater than 14%; $1.51 per gallon of all wines with an ABV of 14% or less

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – ATT-112 Report of Wine Shipments


HAWAII

How is wine defined?
281-1 “Wine” means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
None required

How much does the license cost?
n/a

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Not required — Honolulu county appreciates being notified of new products, though

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes – importing licensees may only purhcase or receive wine from the primary source of supply

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – all products must be delivered to a Hawaii wholesaler’s warehouse and held there for at least 48 hours

FILINGS

What’s the state’s Excise Tax?
$1.38 per gallon of all still wine; $2.12 per gallon of all sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


IDAHO

How is wine defined?
23-1303(1) (a) “Dessert wine” means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume. Dessert wine as defined herein shall not be deemed to be a spirit based beverage for the purposes of paragraph (g) of this subsection. (k) “Table wine” shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.

Is this a control state for wine?
Only for wines with an ABV exceeding 16%

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
None required; but before shipping into the state, suppliers must send an appointment letter to the ABC detailing their Idaho wholesaler(s), including their assigned territories.

How much does the license cost?
n/a

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
For wines with an ABV of less than 16%, only one container, of no more than 64 oz in size, of a product not currently sold by the retailer may be given for sampling purposes only; must be clearly marked as “Not for Sale – For Sampling Purposes Only”

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – wholesalers may only sell and distribute wines that have been unloaded, stored, and maintained in their warehouse

FILINGS

What’s the state’s Excise Tax?
$0.45 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


IL

ILLINOIS

How is wine defined?
5/1-3.03 “Wine” means any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
Only permitted to holders of a valid Wine Shipper’s license that do not produce more than 25,000 gallons of wine annually solely or combined in affiliation with any other group, and does not sell more than 5,000 gallons to retailers annually

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Non-resident dealer

How much does the license cost?
$1,500 for licensees producing 500,000 or more gallons per year; $350 for licensees producing less than 500,000 gallons per year; renewals get a discounted fee if processed online

Do I need to have money held in bond?
No

Is there a representative license?
Yes; any agents who contact retailers in the state on behalf of a supplier must register for no fee with the ILCC

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No, but when terminating an agreeement, the supplier must file a “Withdrawal of Registration” form with all parties involved.

Are there Primary American Source rules on Distributor’s purchases?
Yes – wholesalers may only purhcase or receive wine from the primary source of supply

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$1.39 per gallon of all wines with an ABV less than 20%; $8.55 per gallon of all wines with an ABV of 20% or more

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – RL-26-L Out-of-State Seller’s Shipment Report


IN

INDIANA

How is wine defined?

7.1-1-3-49 The term “wine” means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruit, fruit juice, or other agricultural products containing sugar, including necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, and also the alcoholic fortification of the beverage. The term includes hard cider, except for alcoholic beverage tax purposes. The term does not mean an alcoholic beverage that contains twenty-one percent (21%), or more, of absolute alcohol reckoned by volume.

Us this a control state for wine?

No

Can I Self-Distribute to retailers?

No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Primary Source Supplier registration is required, and must be renewed annually

How much does the license cost?
$0

Do I need to have money held in bond?
No

Is there a representative license?
Yes – at least one Salesperson must be registered in the state, fee is $20 every 2 years

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – include with initial license application

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.47 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly Primary Source Suppliers Report


IA

IOWA

How is wine defined?

123.3.47 “Wine’ means any beverage containing more than five percent of alcohol by weight but not more than seventeen percent of alcohol by weight or twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus

Is this a control state for wine?

Only for wines with an ABV greater than 21.25%

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Vintner’s Certificate of Compliance

How much does the license cost?
$100

Do I need to have money held in bond?
No

Is there a representative license?
Yes

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per brand

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
Yes – include with initial license application

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments? 

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products must “come to rest” at an Iowa-based warehouse

FILINGS

What’s the state’s Excise Tax?
$1.75 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly CV-1 & CV-2 Report of Wine


KS

KANSAS

How is wine defined?
41/102 (ii) ”Wine” means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. The term “wine” shall include hard cider and any other product that is commonly known as a subset of wine.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Supplier Permit

How much does the license cost?
$25

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – Kansas wholesalers may only receive wine from the primary source or other Kansas wholesalers

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.30 per gallon of all wine with an ABV of 14% or less; $0.75 per gallon on all wine with an ABV greater than 14%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly ABC-1003 Report of Shipments to Distributors


KY

KENTUCKY

How is wine defined?
241.010 (72) “Wine” means the product of the normal alcoholic fermentation of the juices of fruits, with the usual processes of manufacture and normal additions, and includes champagne and sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry cider and also includes preparations or mixtures vended in retail containers if these preparations or mixtures contain not more than fifteen percent (15%) of alcohol by volume. It does not include weak cider.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Limited – while there are provisions allowing wineries to ship DtC, no major carrier accepts packages containing alcohol due to the risk of felony charges

Licensing

LICENSING

What license is required?
Out-of-State Distilled Spirits and Wine Supplier’s License

How much does the license cost?

$1,550 per year if importing more than 50,000 gallons annually into Kentucky; $260 per year if importing 50,000 gallons or lessDo I need to have money held in bond?

Do I need to have money held in bond? 

No

Is there a representative license?
Yes – a Special Agent or Solicitor’s License is required for any person soliciting orders for suppliers

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – designated wholesalers must register their consent to distribute each label that is registered

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments? 

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only approved representatives may provide samples to retailers; they must receive samples from designated wholesalers and may not have in their possession at any one time more than 32 oz. of any one brand, or 3 gallons of all brands; all bottles must be labeled as “Sample – Not for Sale”

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my beer comes to Rest at the wholesalers warehouse?
Yes – products must be delivered to a wholesaler’s warehouse, and remain there for at least 24 hours

FILINGS

What’s the state’s Excise Tax?
$0.50 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – 73A530 Consignor’s Report of Alcoholic Beverages Shipped


LOUISIANA

How is wine defined?
26:2 (19) “Sparkling wine” means any effervescent alcoholic beverage derived from the juice of any fruit, or synthesis thereof, charged with carbon dioxide, either artificially or as the result of secondary fermentation within the container. (20) “Still wine” means any non-effervescent alcoholic beverage derived from the juice of any fruit, or synthesis thereof.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes – any wines that are registered for sale to Louisiana wholesalers, however, may not also be sold DtC

Licensing

LICENSING

What license is required?
Out of State Manufactuer/Supplier’s Permit

How much does the license cost?
$200 annually: if selling less than 1,000 cases per year; $1000 annually: if selling 1,000 cases or more per year

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Solicitor/Broker Permit

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there any rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.20 per liter on all still wines with an ABV of 14% or less; $0.35 per liter on all still wines with an ABV greater than 14%; $0.55 per liter on all sparkling wines

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – A report detailing each shipment made must be filed monthly


MAINE

How is wine defined?
28-A-2 36. Wine. “Wine” means any liquor containing not more than 24% alcohol by volume that is produced by the fermentation of fruit or other agricultural products containing sugar or wine to which spirits have been added not to exceed 24% by volume. “Wine” includes, but is not limited to, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine, provided that the alcohol content is not above 24% by volume.

Is this a control state for wine?

No, unless the wine exceeds 24% ABV

Can I Self-Distribute to retailers?
Only parties licensed as a Small Winery (who may not produce more than 50,000 gallons annually) may self-distribute

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Certificate of Approval

How much does the license cost?
1000; or $120 if shipping only 120 gallons or less per year

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Sales Representative License

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?

Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Max of 9 liters to a retail licensee per year; samples must be labeled as samples; taxes must be paid

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.60 per gallon of all still wine, in total; $1.24 per gallon of all sparkling wine, in total

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Report of Wine Shipments


MD

MARYLAND

How is wine defined?
1-101 (o) Wine. — (1) “Wine” means a fermented alcoholic beverage. (2) “Wine” includes: (i) carbonated, flavored, imitation, sparkling, or still wine; (ii) champagne; (iii) cider; (iv) fortified wine; (v) perry; (vi) sake; and (vii) vermouth.

Is this a control state for wine? 

Montgomery County operates a control system for wines with an ABV greater than 22%

Can I Self-Distribute to retailers?

Holders of a Non-Resident Winery Permit, who may not produce more than 27,500 gallons annually, may self-distribute

Can I ship Direct to consumers?

Yes

Licensing

LICENSING

What license is required?

Non-Resident Dealer; or Non-Resident Winery, if producing no more than 27,500 gallons annually

How much does the license cost?

Non-Resident Dealer; or Non-Resident Winery, if producing no more than 27,500 gallons annually

Do I need to have money held in bond?

Yes

Is there a representative license?

Yes

Registrations

REGISTRATIONS

Do I need to register products first?

No

Do I need to Post Prices?

No

Do I need to file my Distributor Agreements with the state?
No – but assigned wholesalers must be listed on the license application

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments? 

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only wholesalers or licensed supplier representatives may provide samples

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – an applicant for a license must provide documentation that they produce the brands they will sell, or that they have been assigned rights to sell them

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products must be delivered and unloaded at wholesaler’s licensed premises

FILINGS

What’s the state’s Excise Tax?
$.40 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
Holders of a Non-Resident Winery license must pay taxes on wines they self-distribute to Maryland retailers; otherwise the Maryland wholesaler will be responsible for payment of taxes

Do I need to file a report with the state on what I’ve sold?
No


MA

MASSACHUSETTS

How is wine defined?
138-1 “Wines”, all fermented alcoholic beverages made from fruits, flowers, herbs or vegetables and containing not more than twenty-four per cent of alcohol by volume at sixty degrees Fahrenheit, except cider containing not more than three per cent, or containing more than six per cent, of alcohol by weight at sixty degrees Fahrenheit.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Certificate of Compliance

How much does the license cost?
$500 if selling more than 5,000 cases annually in the state; $200 if selling 5,000 or fewer cases annually

Do I need to have money held in bond?
No

Is there a representative license?
Yes

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – wholesalers may only purchase from Primary American Sources, or parties authorized by the Primary American source

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.55 per gallon of all still wine; $0.70 per gallon of all sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – AB-10 Report of Alcoholic Beverages Shipped


MI

MICHIGAN

How is wine defined?
436.1113 (8) “Wine” means the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than 21% of alcohol by volume, including fermented fruit juices other than grapes and mixed wine drinks.

Is this a control state for wine?

Only for wines with an ABV greater than 21%

Can I Self-Distribute to retailers?No

Can I ship Direct to consumers?

Yes

Licensing

LICENSING

What license is required?
Outstate Seller of Wine

How much does the license cost?
$300

Do I need to have money held in bond?
Yes – a $1,000 corporate bond is required

Is there a representative license?
Yes – a Salesperson license

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per brand

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
No – however there are extensive rules for establishing agreements with distributors — they just do not have to be filed with the LCC

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
One sample bottle of a product may be provided; must be properly labeled as a sample

Do I need to be aware of Franchise Rules?
Yes – they are extensive

Are there Primary American Source rules on Distributor’s purchases?
Yes – no statutory requirement, but state guidelines support this

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – products must be shipped to a licensed wholesaler’s premises

FILINGS

What’s the state’s Excise Tax?
$0.135 per liter of all wine with an ABV o f16% or less; $0.20 per liter of all wine with an ABV greater than 16%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – LCC-3023 Out State Sellers Monthly Report


MN

MINNESOTA

How is wine defined?
340A.101 29.Wine. “Wine” is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Importer’s License

How much does the license cost?

$420

Do I need to have money held in bond?

No

Is there a representative license?
Yes – Importer’s Representative

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No – but assigned wholesalers must be listed on the license application

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes – brands may be only registered by primary sources or their authorized agent; wholesalers may only purchase from brand registrants

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.08 per liter on all still wine with an ABV of 14% or less; $0.25 per liter on all still wine with an ABV greater than 14% but no more than 21%; $0.48 per liter on all still wine with an ABV greater than 21% and all sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – LB37 Distilled Spirits And Wines Shipped


MS

MISSISSIPPI

How is wine defined?
67-1-5 (d) “Wine” or “vinous liquor” means any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries and made in accordance with the revenue laws of the United States.

Is this a control state for wine?

Yes – except for wine with an ABW less than 5%

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
No

Licensing

LICENSING

What license is required?
No; however, all non-Mississippi based suppliers must register with the Secretary of State annually for $10

How much does the license cost?
n/a

Do I need to have money held in bond?
No
Is there a representative license?
Yes – a supplier must designate an employee who must register with the ABC

Registrations

REGISTRATIONS

Do I need to register products first?
Controlled wines must be “listed” with the state

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
n/a

Do I need to file my Territory Assignments with the state?
n/a

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only Manufacturer Representatives may distribute samples; bottles must be labeled as samples and quantity restrictions apply

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my beer comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.4268 per gallon on all wines with an ABW of 5% or less; $0.35 per gallon on all still wines; $1.00 per gallon on all sparkling wines; in addition the Mississippi will add a mark-up of 3% on all controlled products

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


MO

MISSOURI

How is wine defined?
11 CSR 70-2-.010 (15) Wine is a vinous liquor produced by fermentation of juices of grapes, berries or other fruits or a preparation of certain vegetables by fermentation, and containing alcohol not in excess of twenty-two percent (22%) by volume.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Outstate Solicitor’s License

How much does the license cost?

$100

Do I need to have money held in bond?

Yes – depending on amount licensee ships into Missouri, a bond of between $1,000 and $100,000 is required

Is there a representative license?
Yes

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Wholesalers only may provide retailers with samples; only of brands the retailer has not purchased before in containers less than 750 mL; taxes must be paid

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes – labels may only be registered by Primary Source, wholesalers may only purchase from label registrants

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.42 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
Yes

Do I need to file a report with the state on what I’ve sold?
Sales to Wholesale Dealers and Monthly Report

MT

MONTANA

How is wine defined?
16-1-106 (31) ”Wine” means an alcoholic beverage made from or containing the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than 0.5% but not more than 24% of alcohol by volume. Wine may be ameliorated to correct natural deficiencies, sweetened, and fortified in accordance with applicable federal regulations and the customs and practices of the industry. Other alcoholic beverages not defined in this subsection but made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine. (28) “Table wine” means wine that contains not more than 16% of alcohol by volume and includes cider

Is this a control state for wine? 

Yes, for fortified wine (with an ABV greater than 16%)

Can I Self-Distribute to retailers?

Yes – holders of a “Out-of-State Winery License” may sell both to Montana wholesalers and retailers using their own equipment

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Foreign Winery or Importer

How much does the license cost?
No fee, if shipping 60 or fewer cases per year; $100, if shipping 61-500 cases; $200, if shipping 501-1,000 cases; $300, if shipping 1,001-2000 cases; $400, if shipping more than 2,000 cases

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?

No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my beer comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.27 per liter

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – monthly WSM report


NE

NEBRASKA

How is wine defined?
53-103.42 Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Type “S” Shipping License

How much does the license cost?
$1000

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Permitted; must be delivered through a wholesaler and taxes must be paid

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.95 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – 35-7080 LCC Spirits and Wine Monthly Report


NV

NEVADA

How is wine defined?
369.140 “[W]ine” means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Certificate of Compliance

How much does the license cost?
$50

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – suppliers must maintain a list of brands they will sell in Nevada that is also signed by the assigned wholesaler

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – wholesaler signature must be on brand registration form

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.70 per gallon on all wine with an ABV of 14% or less; $1.30 per gallon on all wine with an ABV greater than 14% but no more than 22%; $3.60 per gallon on all wine with an ABV greater tha 22%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – LTD 04 Report of Shipments of ALcoholic Beverages


NH

NEW HAMPSHIRE

How is wine defined?
175-1 LXVIII. “Wine–fortified” means wine including aperitif, marsala, muscatel, port, or sherry as traditionally defined by the industry, with an alcohol content of more than 15.5 percent, but not more than 24 percent. A fortified wine shall not be construed to include cream-based products.

Is this a control state for wine?
Yes

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Liquor and Table Wine Vendor License

How much does the license cost?
$300 if selling fewer than 1,000 cases per year; $1,500 if selling 1,000-4,999 cases per year; $3,000 if selling 5,000-9,999 cases per year; $6,000 if selling 10,000-24,999 cases per year; $9,000 if selling 25,000-49,999 cases per year; $12,000 if selling 50,000 or more cases per year

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Liquor Wine Representative

Registrations

REGISTRATIONS

Do I need to register products first?
Controlled wines must be “listed” with the state

Do I need to Post Prices?
Yes, as controlled products

Do I need to file my Distributor Agreements with the state?
n/a

Do I need to file my Territory Assignments with the state?
n/a

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
A sample shall not exceed 2 750-mL bottles and must be purchased from the state commission before being provided to a retailer

Do I need to be aware of Franchise Rules?
n/a

Are there Primary American Source rules on Distributor’s purchases?
Yes – only primary sources, or their designated New Hampshire suppliers, may sell to the liquor commission

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
n/a

FILINGS

What’s the state’s Excise Tax?
No excise tax; however, the liquor commission will assess a mark-up percentage, which varies based on the cost of the bottle; consult with the liquor commission to determine final mark-ups

As an out of state supplier, am I responsible for paying Excise Taxes?
n/a

Do I need to file a report with the state on what I’ve sold?
n/a


NJ

NEW JERSEY

How is wine defined?
54-41-2 “Wines” means all wines whether known as “dry wines,” “sweet wines,” “still wines,” or “fortified wines” and any artificial or imitation wine or compound sold as wine, and any fruit juice containing one-half of one per centum (1/2 of 1%) or more of alcohol by volume, and any other beverage containing alcohol produced by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar, which beverage contains one-half of one per centum (1/2 of 1%) or more of alcohol by volume, but shall not mean or include vermouth, or cider containing less than three and two-tenths per centum (3 2/10 %) of alcohol by volume.

Can I Self-Distribute to retailers?
Yes – wineries producing no more than 250,000 gallons per year may apply for an Out-of-State Winery License, permitting direct-to-consumer shipping, and with an additional fee, direct-to-retail sales permission; use of common carriers to fulfill sales to retailers is not permitted. Alternatively, wineries may become licensed as New Jersey wholesalers, which permits them to sell directly to retailers.

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Out-of-State Winery License, for those producing no more than 250,000 gallons; larger wineries must either consign their products to a New Jersey wholesaler outside of the state, or receive a wholesaler license themselves.

How much does the license cost?
$938 for an Out-of-State Winery LIcense; $3,750 for a Wine Wholesale License (permitting distribution of all wine products); $1,8750 for a Limited Wholesale LIcense (permitting distribution of only beer and “naturally fermented wines”); $8,750 for a Plenary Wholesale License (permitting sale of all alcoholic products)

Do I need to have money held in bond?
Yes – if licensed as a wholesaler, a corporate tax bond of an amount no greater than 3-times the greatest tax amount on sales during a bi-monthly period in previous 12 months; can never be less than $1,000 or greater than $1,000,000.

Is there a representative license?
Yes – Solicitor’s Permit for $25 annually

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – the brand owner or authorized agent must register brands being sold in New Jersey

Do I need to Post Prices?
No – supplier’s prices do not need to be posted to the state, but they do need to maintain a list of their prices and discounts to wholesalers on their premises.

Do I need to file my Distributor Agreements with the state?
No – but assigned wholesalers must be listed with brand label registrations

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
A separate sampling permit is required; then wholesalers may distribute clearly labeled samples through their New Jersey solicitors; records must be maintained

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – sales to New Jersey retailers must come from the in-state warehouse of a licensed Wholesaler (so if an OOS winery holds a Wholesale license, they must have a New Jersey warehouse, or have all their sales go to a different New Jersey wholesaler); products must remain in the warehouse for at least 24 hours.

FILINGS

What’s the state’s Excise Tax?
$0.875 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
Yes – excise taxes are paid by first owner of product in New Jersey; if licensed as a Wholesaler, this includes an out-of-state winery

Do I need to file a report with the state on what I’ve sold?
Yes – Bi-monthly R-2 Wholesaler Excise Tax Report — includes tax remittance


NM

NEW MEXICO

How is wine defined?
60-3A-3 AA. “wine” includes the words “fruit juices” and means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, that do not contain less than one-half percent nor more than twenty-one percent alcohol by volume;

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Nonresident Liquor License

How much does the license cost?
Price depends on annual billing for products sold into New Mexico; ranges from $300, for annual billing of $50,000 or less, up to $10,500 for annual billing of more than $3M; licenses last for 3 year

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
No more than 3 liter of any brand, limited to brands not purchased by retailer in previous 12 month

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – goods may be shipped only to New Mexico wholesalers, and must be unloaded at their facility and come into their inventory

FILINGS

What’s the state’s Excise Tax?
$0.45 per liter on all wine with an ABV of 14% or less, and sparkling wine; $1.50 per liter on wine with an ABV greater than 14%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly report detailing sales made to wholesalers


NY

NEW YORK

How is wine defined?
ABC 1-3 36. “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, or other fruits or plants with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-four per centum by volume. Wine produced from fruits or plants other than grapes shall include appropriate prefixes descriptive of the fruit or the product from which such wine was predominantly produced, and no other product shall be called “wine” unless designated as artificial or imitation wine.

Can I Self-Distribute to retailers?
Yes – out-of-state wineries that establish a business location in New York can become licensed as a Wholesaler, which brings the right to distribute products to other wholesalers and retailers

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
A Negotiator’s Annual Permit, which allows an out-of-state winery to designate one or more New York wholesalers as their instate “Brand Agent”; thereafter the Brand Agent is responsible for meeting compliance requirements. Alternatively, an out-of-state winery may receive a Wine Wholesaler’s Permit, if it maintains a premises in the state.

How much does the license cost?
$620 for a 3-year Negotiator’s Permit; $1,520 for a Wine Wholesaler’s Permit

Do I need to have money held in bond?
Not for a Negotiator’s Permit; Yes for a Wine Wholesaler’s Permit

Is there a representative license?
Yes – Solicitor’s Permit for $98 for 3-year term

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – registration is done by the Brand Agent or Wholesaler; wines with a COLA only need to have a copy of their COLA filed with the State Liquor Authority; other, low-ABV wines without a COLA have to be formally registered by the SLA annually.

Do I need to Post Prices?
No – suppliers must inform wholesalers of price changes, but do not need to post prices with the State Liquor Authority themselves. However, Wholesalers (including wineries holding a Wholesaler license) must post prices

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
No more than two containers, of a maximum size of 750mL, of a brand the retailer has not purchased in previous 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.30 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No – unless licensed as a New York Wholesaler

Do I need to file a report with the state on what I’ve sold?
No – unless licensed as a New York Wholesaler, who must monthly file the M-40 return, which includes tax payments

NC

NORTH CAROLINA

North Carolina is a control state for Fortified Wines. Any product meeting that definition may only be distributed in the state through the North Carolina Alcohol Beverage Control Commission. Unless clearly indicated, the rules below apply to the sale of Non-Fortified Wine in the state.

How is wine defined?
18B-101 (7) “Fortified wine” means any wine, of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(15) “Unfortified wine” means any wine of sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Nonresident Wine Vendor – enables sales to both private wholesalers and the North Carolina ABC

How much does the license cost?
$100 annually

Do I need to have money held in bond?
Not required, but based on circumstances, the North Carolina ABC may require a Nonresident Vendor to furnish a bond of no more than $2000

Is there a representative license?
Yes – Vendor Representative Permit, $50 annually

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Label; Fortified Wines need to be “listed” with the North Carolina ABC, in a process similar but distinctive from the standard label registration

Do I need to Post Prices?
No – but for Fortified Wines, the listing process includes strict price management

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes, but only if distributing a total of more than 1,250 cases per year into North Carolina; a winery may not assign more than one Wholesaler per brand for a given territory

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Max of 3 liters per brand per retailer, only of brand the retailer has not purchased in previous calendar year

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.2634 per liter on unfortified wine; $0.2934 per liter on fortified wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No – but Nonresident Wine Vendors may elect to pay excise taxes in place of their North Carolina wholesalers

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly B-C-786


ND

NORTH DAKOTA

How is wine defined?
5-01-01 20. “Wine” means the alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.

Can I Self-Distribute to retailers?
Yes – licensed wineries that produce no more than 50,000 gallons per year may apply for additional licensing to sell directly to retailers using either their own delivery equipment or common carriers; delivery by the winery’s own equipment or by common carrier each may not exceed 4,500 cases annually.

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Alcoholic Beverage Supplier License

How much does the license cost?
There’s no fee for a license, but wineries must still get a license and renew it annually

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
No more than 3 liters of any brand, limited to brands not purchased by retailer in previous 12 month

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.50 per gallon on wine with an ABV of 17% or less; $0.60 per gallon on wine with ABV greater than 17%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly “Schedule A” Supplier’s Report of Sales to Distributors


OH

OHIO

Ohio is a control state for all beverage alcohol products with an ABV exceeding 21%. Any wine that exceeds this ABV threshold must be distributed through the Ohio Division of Liquor Control. The rules below relate to the sale of wine in the private market.

How is wine defined?
4301.01 (3) “Wine” includes all liquids fit to use for beverage purposes containing not less than one-half of one per cent of alcohol by volume and not more than twenty-one per cent of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products, except that as used in sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the Revised Code, and, for purposes of determining the rate of the tax that applies, division (B) of section 4301.43 of the Revised Code, “wine” does not include cider.

Can I Self-Distribute to retailers?
Yes – wineries who produce no more than 250,000 gallons per year, and who qualify for the Federal Wine Tax Credit, may apply for a B-2A Permit, supplementing their supplier permit to allow sales directly to Ohio retailers

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Type “S-5” Out of State Suppliers License

How much does the license cost?
$300 for wineries producing 250,000 gallons or more annually; $76 for wineries producing less than 250,000 gallons annually

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Solicitor’s Registration Card for $50, lasts for 2 years; required for conducting tasting and providing samples

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Label

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No – but assigned wholesalers must be listed with label registrations, and while agreements with distributors do not need to be filed with the state, they must be in writing, or after 6 months a franchise relationship is deemed to have been created dictated by Ohio statutes

Do I need to file my Territory Assignments with the state?
Yes; a supplier may not assign distribution rights for a brand to more than one distributor in a territory

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 750mL size for containers; must be clearly marked as samples; can only be provided by holders of a Solicitor’s Registration Card

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.32 per gallon on still wine with an ABV of 14% or less; $0.98 per gallon on still wine with an ABV greater than 14% but no more than 21%; $1.48 on all sparkling wine; sales to Cuyahoga County are assessed an additional $0.32 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – duplicate copies of invoices must be filed with the Department of Taxation monthly


OK

OKLAHOMA

How is wine defined?
37a-1-103 64. “Wine” means and includes any beverage containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than twenty-four percent (24%) alcohol by volume at sixty (60) degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.

Can I Self-Distribute to retailers?
Yes – Wineries that produce no more than 15,000 gallons annually may apply for a Winemaker Self-Distribution License permitting the licensee to self-distribute to Oklahoma retailers; delivery is only permitted using the winery’s own vehicles

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Nonresident Seller License

How much does the license cost?
$3250 due annually by July 1; if applying later in the year, the fee may be prorated

Do I need to have money held in bond?
Yes – tax bond equal to estimated amount of tax liability for 3 months, not less than $1,000

Is there a representative license?
Yes – Manufacturer’s Agent License for $55 per year

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Label

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
No – but a written agreement must be created, and is subject to inspection by ABLE on demand

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
No more than 3 liters of any brand, limited to brands not purchased by retailer in previous 12 month

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.19 per liter for all still wine; $0.55 per liter for all sparkling wine

As an out of state supplier, am I responsible for paying Excise Taxes?
Yes

Do I need to file a report with the state on what I’ve sold?
Yes – ALC-5009 Excise Tax Return for licensed Nonresident Dealers, includes remittance of tax


OR

OREGON

How is wine defined?
471.001 (11) “Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider.

Can I Self-Distribute to retailers?
Yes – Wineries holding a Certificate of Approval may apply for an additional Wine Self-Distribution License; only retailers who have received authorization from the OLCC may receive self-distributions

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Certificate of Approval

How much does the license cost?
$175, renews every 5 years

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only brands not currently carried by the retailer, in a container no larger than 5-liters; must be clearly labeled as a sample

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.67 per gallon on all wine with an ABV of 14% or less; $0.77 per gallon on still wine with an ABV greater than 14%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly CERA Report of Wine Imported to Wholesalers


PA

PENNSYLVANIA

How is wine defined?
471.001 (11) “Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider.

Is this a control state for wine?

Yes

Can I self-distribute to retailers?
No

Can I ship direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Vendor’s permit

How much does the license cost?
$700, initially; $265 for annual renewal

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Controlled wines must be “listed” with the state

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
n/a

Do I need to file my Territory Assignments with the state?
n/a

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only one case per brand made be used as samples during any single month-long period; samples must be purchased from the PLCB

Do I need to be aware of Franchise Rules?
n/a

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
Instead of excise taxes, the PLCB imposes a standard mark-up on all wines

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


RI

RHODE ISLAND

How is wine defined?
3-1-1 (17) “Wines” means all fermented alcoholic beverages made from fruits, flowers, herbs, or vegetables and containing not more than twenty-four percent (24%) of alcohol by volume at sixty degrees Fahrenheit (60 degrees F), except cider obtained by the alcohol fermentation of the juice of apples and containing not less than five tenths of one percent (.05%) or containing not more than six percent (6%) of alcohol by weight at sixty degrees Fahrenheit (60 degrees F), including, but not limited to, flavored, sparkling, or carbonated cider.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes – limited to only sales made on the winery’s premises

Licensing

LICENSING

What license is required?
Certificate of Compliance

How much does the license cost?
No fee with license; however, license is granted with brand registrations, which costs $40 per brand annually

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Agent’s license

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per brand, done by applying for a Certificate of Compliance

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
No – wholesalers designated in brand registrations must be in good standing with the ABC

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.60 per gallon on all still wine; $0.75 per gallon on all sparking wine

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – A report detailing each shipment made must be filed monthly


SC

SOUTH CAROLINA

How is wine defined? 61-4-10. The following are declared to be nonalcoholic and nonintoxicating beverages: (3) all wines containing not in excess of twenty-one percent of alcohol by volume. [Being “nonalcoholic and nonintoxicating” merely means these wines are treated and regulated differently than “alcoholic and intoxicating” spirits.] Is this a control state for wine? No Can I Self-Distribute to retailers? No Can I ship Direct to consumers? Yes

Licensing

LICENSING

What license is required?
Beer/Wine Producer or Importer

How much does the license cost?
$400 (2-year license)

Do I need to have money held in bond?
No

Is there a representative license?
No

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
No – wholesalers designated in brand registrations must be in good standing with the ABC

Do I need to file my Territory Assignments with the state?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$1.08 per gallon ($0.3042 per liter for containers smaller than 1 gallon)

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Yes – L-BW-I-4 Report of Wine Shipments


SD

SOUTH DAKOTA

How is wine defined?
35-1-1 (25) “Wine,” any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one-half of one percent of alcohol by weight but not more than twenty-four percent of alcohol by weight.

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required? There is no license; however, in order to make the required brand label registrations, a winery must receive a “BR” license number, which is issued upon registering the first brand label How much does the license cost? n/a Do I need to have money held in bond? No Is there a representative license? Yes – only holders of a valid Solicitor’s License may conduct any instate business between a supplier and its distributors

Registrations

REGISTRATIONS

Do I need to register products first? Yes – each label Do I need to Post Prices? No Do I need to file my Distributor Agreements with the state? No Do I need to file my Territory Assignments with the state? No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 3 liters, only of brands the retailer has not purchased in last 12 months

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.93 per gallon for still wine with an ABV of 14% or less; $1.45 per gallon for still wine with an ABV greater than 14% but no greater than 20%; $2.07 for all sparkling wine and still wine with an ABV greater than 20%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – A report detailing each shipment made must be filed monthly


TN

TENNESSEE

How is wine defined?
57-3-101(a) (24) “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine

Is this a control state for wine?

No

Can I Self-Distribute to retailers?
Yes – any party granted a Tennessee Winery License (which is available to out-of-state wineries) can sell up to 5 cases of wine per day to any individual retailer; during transport, the wine must be accompanied with proof that taxes have been paid.

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Non-resident Seller’s Permit

How much does the license cost?
$150 if selling less than 100 cases annually to Tennessee; $250 annually for unlimited sales

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Supplier Representative Permit

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per brand, with the Department of Revenue

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only of brands the retailer has not purchased in last 12 months, and only in bottles no larger than 1.75 L

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my beer comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$1.21 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Copies of invoices detailng shipments to Tennessee wholesaler must be filed with the Department of Revenue monthly


TX

TEXAS

How is wine defined?
ABC 1-1 (7) “Wine and vinous liquor” means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
No

Licensing

LICENSING

What license is required?
Nonresident Brewer’s Permit allows sales of ale and malt liquor; Nonresident Manufacturer’s Permit allows sales of beer

How much does the license cost?
Nonresident Brewer’s Permit: $3,376 for a two-year license; Nonresident Manufacturer’s Permit: $2,076 for a two-year license

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Agent’s Permit, $114 for two-year permit, paid by agent

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – Brand

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Wholesalers only may provide retailers with samples; only of 1-six pack of brands the retailer has not purchased before

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my beer comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
Beer: $6.00 per barrel; Ale and Malt Liquor: $6.138 per barrel

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – Monthly C-231 Nonresident Manufacturer Report (for both Beer and Ale/Malt Liquor)


UT

UTAH

How is wine defined?
32b-1-1-102 (121) (a) “Wine” means an alcoholic product obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added. (b) “Wine” is considered liquor for purposes of this title, except as otherwise provided in this title.

Is this a control state for wine?
Yes

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
No

Licensing

LICENSING

What license is required?
No license is required to sell to the Utah ABC

How much does the license cost?
n/a
Do I need to have money held in bond?
No

Is there a representative license?
Yes – Suppliers are not required to have a local representative, but if they do engage someone to review their operations with the ABC, that person must be a Utah resident or corporation and hold a Manufacturer’s Representative License

Registrations

REGISTRATIONS

Do I need to register products first?
Controlled wines must be “listed” with the state

Do I need to Post Prices?
Yes – through the “listing” process

Do I need to file my Distributor Agreements with the state?
n/a

Do I need to file my Territory Assignments with the state?
n/a

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Samples may only be presented to retailers at trade shows, and only if extensive regulatory restrictions are complied with

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
Instead of excise taxes, the UT ABC imposes a standard mark-up on all wines

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes – but only for shipments made to military bases


VT

VERMONT

How is wine defined?
7-1-2 (39) “Vinous beverages” means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit.

Is this a control state for wine?
Yes – for wine with an ABV greater than 16%

Can I Self-Distribute to retailers?
Yes – holders of a Vermont Direct Ship to Retail License may sell up to 5,000 gallons a year directly to Vermont retailers, but no more than 100 gallons may be sold to any individual retailer

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Certificate of Approval to Distribute Vinous Beverages

How much does the license cost?
$985

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Solicitor’s License

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – label registration is not done through the LCB, but instead through the Vermont Agency of Natural Resources to comply with the state’s Bottle Bill

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – through application for a Certificate of Approval

Do I need to file my Territory Assignments with the state?
Yes – through application for a Certificate of Approval

Are there rules on the exclusivity of territory or brand assignments?
Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Samples may only be brought to a retailer at the request of the retailer; notice may need to be provided to the LCB before a sampling can proceed

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.55 per gallon

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No – prior reporting requirements have been repealed


VA

VIRGINIA

How is wine defined?
4.1-100 “Wine” means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as “fortified wine” which do not exceed an alcohol content of 21 percent by volume.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Wine Importer’s LIcense

How much does the license cost?
$370

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Solicitor Salesman’s Permit

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
Yes

Are there rules on the exclusivity of territory or brand assignments?
Yes

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only licensed representatives may provide samples of no more than 1.5 L, which are properly labeled as samples

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.40 per liter

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No


WA

WASHINGTON

How is wine defined?
66.04.010 (47)(a) “Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as “table wine,” and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as “fortified wine.” However, “fortified wine” shall not include: (i) Wines that are both sealed or capped by cork closure and aged two years or more; and (ii) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
Yes – holders of a Certificate of Approval can sell directly to retailers if they receive an addiitional permit from the state

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Wine Out-of-State Certificate of Approval

How much does the license cost?
$200

Do I need to have money held in bond?
No

Is there a representative license?
Yes – Agent License

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – each COLA

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – when applying for a COA

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Maximum of 1 liter, only of brands the retailer has not purchased previously

Do I need to be aware of Franchise Rules?
No

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
$0.2292 per liter on wine with an ABV of 14% or less; $0.4536 per liter on wine with an ABV greater than 14%

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
Yes


WV

WEST VIRGINIA

How is wine defined?
60-1-5 “Wine” means any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.

Is this a control state for wine?
Yes, for wines with an ABV greater than 14%, or unfortified wines with an ABV greater than 16%; there is also an exception for port, sherry, and Madeira with an ABV no greater than 22%

Can I Self-Distribute to retailers?
No

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Wine Supplier’s License

How much does the license cost?
$150

Do I need to have money held in bond?
Yes – $10,000 corporate bond

Is there a representative license?
Yes – Sales Representative License; suppliers are required to have a licensed representative to take orders

Registrations

REGISTRATIONS

Do I need to register products first?
Yes – per label (WV registers products by brands, but all labels under a brand must be listed in the brand registration form)

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes

Do I need to file my Territory Assignments with the state?
No

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Only wholesalers may provide samples to retailers, only in bottles that are properly labeled and are no larger than 750 mL

Do I need to be aware of Franchise Rules?
Yes

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.26406 per liter

As an out of state supplier, am I responsible for paying Excise Taxes?
Yes

Do I need to file a report with the state on what I’ve sold?
Yes – WNE-01 Monthly Summary Report and Excise Tax Return


WI

WISCONSIN

How is wine defined?
125.02 (22) “Wine” means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain not less than 0.5 percent nor more than 21 percent of alcohol by volume.

Is this a control state for wine?
No

Can I Self-Distribute to retailers?
No; except that small wineries (producing no more than 25,000 gallons in a year) may organize to create a Small Winery Cooperative Wholesaler, which can distribute the wines of its member wineries to Wisconsin retailers

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Out-of-State Shipper’s Permit

How much does the license cost?
$520, for a 2-year license

Do I need to have money held in bond?
Yes – an excise tax security is required, of no less than $1,000 but no more than $100,000

Is there a representative license?
Yes – Salesperson Permit, for any party who will personally solicit orders in Wisconsin

Registrations

REGISTRATIONS

Do I need to register products first?
No

Do I need to Post Prices?
No

Do I need to file my Distributor Agreements with the state?
Yes – Wholesaler to provide the state with notice of authority to distribute products

Do I need to file my Territory Assignments with the state?
Yes – Wholesaler to provide Territory information along with authorization notice

Are there rules on the exclusivity of territory or brand assignments?
No

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Retailers may be provided only with samples of brand that they have not previously purchased

Do I need to be aware of Franchise Rules?
Yes – Wisconsin applies general rules, not specific to wine, under its “Fair Dealership Law”

Are there Primary American Source rules on Distributor’s purchases?
Yes

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes

FILINGS

What’s the state’s Excise Tax?
$0.06605 per liter on all wines with an ABV of 14% or less; $0.1189 per liter on all wines with an ABV greater than 14%, but no greater than 21%; $0.8586 per liter on wines with an ABV greater than 21%

As an out of state supplier, am I responsible for paying Excise Taxes?
Yes

Do I need to file a report with the state on what I’ve sold?
Yes – AB-130 & AB-131 Liquor Tax and Wholesale Schedule


WY

WYOMING

How is wine defined?
12-1-101 (i) “Alcoholic liquor” means any spirituous or fermented fluid, substance or compound other than malt beverage intended for beverage purposes which contains at least one-half of one percent (.5%) of alcohol by volume — Wyoming does not have a separate definition for wine, but includes the product in all “alcoholic liquor”

Is this a control state for wine?

Yes

Can I Self-Distribute to retailers?
Yes – licensed parties, indlucing holders of an Out-of-State Shipper Licenes for direct-to-consumer shipping, may also sell directly to Wyoming retailers, but only of wines that are not already listed for sale by the Beverage Control Division

Can I ship Direct to consumers?
Yes

Licensing

LICENSING

What license is required?
Yes – licensed parties, indlucing holders of an Out-of-State Shipper Licenes for direct-to-consumer shipping, may also sell directly to Wyoming retailers, but only of wines that are not already listed for sale by the Beverage Control Division

How much does the license cost?
n/a

Do I need to have money held in bond?
No

Is there a representative license?
Yes – a Supplier’s Representative license is required for any party who represents a wine producer when speaking with the Beverage Control Board

Registrations

REGISTRATIONS

Do I need to register products first?
Controlled wines must be “listed” with the state

Do I need to Post Prices?
Yes

Do I need to file my Distributor Agreements with the state?
n/a

Do I need to file my Territory Assignments with the state?
n/a

Are there rules on the exclusivity of territory or brand assignments?

n/a

 

 

Distributor Relationships

DISTRIBUTION PROCESS

How can I get samples of products to retailers?
Not more than 1.5 L of any wine, nor more than 3 L total of all wines, may be provided to a retailer by a license Industry Representative

Do I need to be aware of Franchise Rules?
n/a

Are there Primary American Source rules on Distributor’s purchases?
No

Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
No

FILINGS

What’s the state’s Excise Tax?
Instead of excise taxes, the Beverage Control Board imposes a standard mark-up on all wines

As an out of state supplier, am I responsible for paying Excise Taxes?
No

Do I need to file a report with the state on what I’ve sold?
No