Bill Text: CT HB05139 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning The Sale Of Wine With Gift Baskets.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-11 - Public Hearing 02/16 [HB05139 Detail]

Download: Connecticut-2010-HB05139-Introduced.html

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General Assembly		Raised Bill No. 5139
February Session, 2010		LCO No. 682
		*00682_______GL_*
Referred to Committee on General Law
Introduced by:
(GL )

AN ACT CONCERNING THE SALE OF WINE WITH GIFT BASKETS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2010) (a) A gift basket retailer permit shall allow the retail sale of wine included in a gift basket sold at retail by the permit holder. Such wine shall not be consumed on the premises.

(b) The holder of a gift basket retailer permit may sell gift baskets, which may include (1) wine, (2) food items, (3) nonalcoholic beverages, (4) concentrates used in the preparation of mixed alcoholic beverages, (5) wine-making kits and products related to wine-making kits, (6) ice in any form, or (7) articles of clothing imprinted with advertising related to the alcoholic liquor industry.

(c) The annual fee for a gift basket retailer permit shall be five hundred dollars plus the sum required by section 30-66 of the general statutes.

Sec. 2. (NEW) (Effective October 1, 2010) (a) A gift basket retailer permit issued in accordance with section 1 of this act shall allow the sale and delivery or shipment of wine directly to a consumer in this state, subject to the provisions of section 1 of this act and of this section, or to a consumer outside of this state, subject to all applicable laws of the jurisdiction in which such consumer outside of this state is located. Such permittee, when selling and shipping wine directly to a consumer in this state, shall: (1) Ensure that the shipping labels on all containers of wine shipped directly to a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY"; (2) obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h of the general statutes; (3) not ship more than five gallons of wine in any two-month period to any person in this state and not ship any wine until such permittee is registered, with respect to the permittee's sales of wine to consumers in this state, for purposes of the taxes imposed under chapters 219 and 220 of the general statutes, with the Department of Revenue Services; (4) pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220 of the general statutes on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage tax returns relating to such sales, with the amount of such taxes to be calculated as if each sale were made in this state at the location where delivery is made; (5) report to the Department of Consumer Protection a separate and complete record of all sales and shipments to consumers in the state, on a ledger sheet or similar form which readily presents a chronological account of such permittee's dealings with each such consumer; (6) permit the Department of Consumer Protection and Department of Revenue Services, separately or jointly, to perform an audit of the permittee's records upon request; (7) not ship to any address in the state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9 of the general statutes; (8) hold an in-state transporter's permit pursuant to section 30-19f of the general statutes or make any such shipment through the use of a person who holds such an in-state transporter's permit; and (9) execute a written consent to the jurisdiction of this state, its agencies and instrumentalities and the courts of this state concerning the enforcement of this section and any related laws, rules or regulations, including, but not limited to, tax laws, rules or regulations.

(b) The Department of Consumer Protection, in consultation with the Department of Revenue Services, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to assure compliance with the provisions of subsection (a) of this section.

(c) A holder of a gift basket retailer permit, when advertising or offering wine for direct shipment to a consumer in this or another state via the Internet or any other on-line computer network, shall clearly and conspicuously state such liquor permit number in its advertising.

(d) For purposes of chapter 219 of the general statutes, the holder of a gift basket retailer permit, when shipping wine directly to a consumer in this state, shall be deemed to be a retailer engaged in business in this state, as defined in chapter 219 of the general statutes, and shall be required to be issued a seller's permit pursuant to chapter 219 of the general statutes.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2010	New section
Sec. 2	October 1, 2010	New section

Statement of Purpose:

To establish a gift basket retailer permit to allow for the retail sale of wine with gift baskets, subject to certain restrictions.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]