Bill
SB 2145
Authorizes direct shipment of wine from manufacturers to state residents, with permits, age verification, quarterly reporting, and a 12 nine-liter case annual limit per address.
Status & effective date
- Bill: SB 2145 — “Alcoholic beverages; authorize the direct shipment of wine.”
- Approved by the Governor: 2025-05-30.
- Effective date: September 1, 2025.
Purpose
- To authorize and regulate the direct sale and shipment of wine from wine manufacturers (direct wine shippers) to state residents, and to establish a permitting, reporting, labeling, and enforcement framework for those shipments.
Key provisions and requirements
- Definitions: creates terms including “direct wine shipper,” “fulfillment provider,” “common carrier,” and defines “wine” (products from fermented grapes/fruits with >5% alcohol by weight). Existing Alcoholic Beverage Control definitions also apply where consistent.
- Permit requirement: a person must hold a direct wine shipper’s permit before selling and shipping wine directly to state residents.
- Eligible applicants: holders of in-state Class 2 or Class 3 manufacturer permits OR persons licensed/ permitted outside the state to manufacture wine.
- Application process: submit a department (Department of Revenue) application form, provide a copy of the current manufacturing license/permit, and pay the tax/fees prescribed under the referenced licensing statute (Section 27-71-5 as incorporated).
- Renewal: permits may be renewed annually upon payment of the prescribed renewal fee and proof of license.
- Sales and shipment rules:
- Direct shipments may be arranged by fulfillment providers who hold a wine fulfillment provider’s permit and use common carriers for delivery.
- Shipments may be ordered online.
- Consumers must be age 21 or older; an age‑21+ person must sign for delivery.
- Shipments are for personal consumption only and may not be resold.
- Annual limit: a direct shipper may not sell/ship more than twelve (12) nine‑liter cases of wine to a single address per year.
- Product limitation: direct shippers may not sell or ship beer, “light wine” regulated under other statutes, or other alcoholic beverage types (wine only). (An amendment allows highly allocated wines contracted through in‑state distributors/brokers to be sold via direct shipment as well as at package retailers.)
- Labeling and recordkeeping:
- All containers shipped directly must be conspicuously labeled with wording requiring signature of an adult receiver (labeling language required for delivery).
- Direct shippers must report quarterly to the Department total volumes (by type) sold and shipped into/within the state and must keep records for at least 3 years.
- The Department may audit records and adopt implementing rules.
- Enforcement and penalties:
- Violations of the direct shipment provisions are misdemeanors: up to $1,000 fine and/or up to 6 months in county jail for each offense; each sale/shipment in violation is a separate offense.
- The Department may suspend or revoke permits and impose civil penalties under applicable law.
- A consumer who reasonably believes a shipment complies with law and who is of legal age is exempt from penalties for merely receiving a compliant shipment.
Who is affected
- In‑state and out‑of‑state wine manufacturers who wish to ship directly to residents (must obtain permits).
- Fulfillment providers and common carriers that transport and deliver wine shipments.
- Consumers (must be ≥21 and sign for deliveries).
- Department of Revenue (administration, audits, and rulemaking).
- Retail package stores implicitly affected by the allowance for certain highly allocated items.
Notes and context
- The enacted text replaces earlier unrelated language; this version focuses solely on direct wine shipment regulation.
- Some fee/tax amounts and references are tied to existing statutory sections (e.g., Section 27-71-5) rather than fixed dollar amounts in this bill; implementing rules from the Department of Revenue will specify administrative details.
Compiled from official sources — confirm details with the bill’s official record.
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