Regulation of Wine in Selected States Prepared by the Research Division of the Texas Legislative Council Published by the Texas Legislative Council P.O. Box 12128 Austin, Texas 78711-2128 Lieutenant Governor David Dewhurst, Joint Chair Speaker Joe Straus, Joint Chair Debbie Irvine, Executive Director December 2012 Explanation of Table This publication, prepared at the request of Senator John Carona, Chair, Senate Committee on Business and Commerce, provides information regarding permits and licenses required for producing, bottling, shipping, selling, and serving wine in California, Michigan, Missouri, New Jersey, New York, Oregon, Texas, Virginia, and Washington. These nine states were selected based on the 2011 Summary of the United States Wine Industry report by the U.S. Department of Commerce. The following table provides, by state, the name of the license or permit (column 2), the relevant activities authorized under the license or permit (column 3), the license or permit fee (most often an annual payment, column 4), and citations of the relevant state statutes and policies. The applicable provisions are summarized in the table, and the full text of each provision may be viewed by selecting the hyperlinked citation. Most license and permit fees are defined in statute. For other license and permit fees, such information was provided by the state's regulatory authority for alcoholic beverage licenses. For some licenses and permits, column 2 includes certain requirements for operating under the license or permit. For example, California requires the holder of a winegrower's license to actually produce on the licensed premises not less than 50 percent of all wines sold to consumers on the licensed premises and any licensed branch premises by conversion of grapes, berries, or other fruits. However, this type of requirement is included in the table only if it is specified in the provision delineating the activities authorized under the license or permit. The table includes licenses and permits specific to wine only or beer and wine only. The table does not include licenses and permits that regulate liquor only or liquor in conjunction with beer or wine. The authorized activities listed for each license and permit are limited to those related to producing, bottling, shipping, selling, and serving wine and are not an exhaustive list of all activities authorized under the license or permit. Also, the table does not include wine-related licenses and permits that are temporary or issued for a limited purpose. Michigan, New Jersey, New York, Texas, and Washington each issue a license or permit, as applicable, that authorizes the licensee to conduct activities other than those authorized by the general license if the licensee pays an additional annual fee and meets certain other requirements. For example, a Michigan wine maker licensee is authorized, under certain conditions, to conduct tastings of wines made by the licensee and to sell the wine for off-premises consumption for an additional fee of $100 per location. i Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State California License Winegrower's License Requires licensee to actually produce on the licensed premises by conversion of grapes, berries, or other fruits, into wine, not less than 50 percent of all wines sold to consumers on the licensed premises and any licensed branch premises. Primary Authorized Activities Fee Citation Authorizes licensee to become a manufacturer or producer of wine and to package, rectify, mix, flavor, color, label, and export wine whether manufactured or produced by the licensee or any other person. Fee is computed only on the gallons produced: California Business and Professions Code, Sec. 23356 • 5,000 gallons or less/year = $54 Authorizes licensee to sell wine as packaged by or for the licensee only to persons holding wholesaler's, manufacturer's, winegrower's, manufacturer's agent's, or rectifier's licenses authorizing the sale of wine and to persons who take delivery of such wine within California for delivery or use outside of California. • Over 5,000 gallons to 20,000 gallons/year = $99 California Business and Professions Code, Sec. 23356.1 Authorizes licensee to conduct wine tastings of wine produced or bottled by, or produced and packaged for, the licensee either on or off the winegrower's premises under certain conditions. • Over 20,000 to 100,000 gallons/year = $180 • Over 100,000 to 200,000 gallons/year = $237 Authorizes licensee to: sell wine and brandy to any • person holding a license authorizing the sale of wine or brandy; sell wine and brandy to consumers for consumption off the premises where sold; sell wine to • consumers for consumption on the premises; sell all beers, wines, and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place which is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and which is operated by and for the licensee; produce spirits of wine and blend those spirits into wine produced by the winegrower or sell those spirits to an industrial alcohol dealer; and to have upon the premises all beers, wines, and brandies, regardless of source, for sale or service only to guests during private events and private functions not open to the general public. Over 200,000 gallons to 1,000,000 gallons/year = $351 1 For each 1,000,000 gallons or fraction thereof over 1,000,000 gallons/year = $229 California Business and Professions Code, Sec. 23358 California Business and Professions Code, Sec. 23359 Fee: California Business and Professions Code, Sec. 23320 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State California (cont.) License Primary Authorized Activities Fee Winegrower's License (cont.) Authorizes licensee to manufacture grape brandy to be used exclusively in the production of wine by the licensee on the licensed premises and also to sell grape brandy to licensed wine growers to be used exclusively in the production of wine. Wine Blender's License Authorizes licensee to exercise all of the privileges of a winegrower's license except: to crush and ferment and produce wine from grapes, berries, or other fruits; to obtain or be issued a duplicate winegrower's license; to buy, sell, receive, or deliver wine from persons other than authorized licensees; to sell and deliver wine to consumers for consumption off the premises where sold; and to exercise certain on-sale privileges as provided by state law. Fee is computed only on the gallons blended: Authorizes licensee to cut, blend, rectify, mix, flavor, or color wine and whether so processed by the licensee, or any other person, to package, label, export, and sell the products to persons holding licenses authorizing the sale of wine. $384/year Wine Rectifier's License 2 • 5,000 gallons or less/year = $54 • Over 5,000 gallons to 20,000 gallons/year = $99 • Over 20,000 to 100,000 gallons/year = $180 • Over 100,000 to 200,000 gallons/year = $237 • Over 200,000 gallons to 1,000,000 gallons/year = $351 • For each 1,000,000 gallons or fraction thereof over 1,000,000 gallons/year = $229 Citation California Business and Professions Code, Sec. 23356.5 Fee: California Business and Professions Code, Sec. 23320 California Business and Professions Code, Sec. 23372 Fee: California Business and Professions Code, Sec. 23320 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State California (cont.) License Primary Authorized Activities California Winegrower's Agent's License Authorizes licensee to: possess wine produced in and brandy distilled in California in public or private warehouses; sell to wholesalers for the licensee's own account or conduct the solicitation of and sale to wholesalers for the account of a licensed winegrower of wine that was produced in California and brandy that was distilled in California; invoice and collect on behalf of a winegrower payments for orders solicited by the agent; and perform or furnish on behalf of the winegrower for which the licensee is an agent, certain services which the winegrower is authorized to perform or furnish under state law. Fee $384/year Citation California Business and Professions Code, Sec. 23373 California Business and Professions Code, Sec. 23373.4 Fee: California Business and Professions Code, Sec. 23320 Authorizes licensee to furnish samples, produce and distribute wine lists, produce and furnish advertising material, retailers' advertising specialties and consumer advertising specialties, with respect to the wine or brandy the licensee distributed as an agent for a winegrower or brandy manufacturer so authorized. Beer and Wine Importer's General License Wine Broker's License Authorizes licensee to become an importer of beer or wine and to sell beer or wine subject to state tax to beer manufacturer's, winegrower's, beer and wine wholesaler's, wine rectifier's, and beer and wine importer's general licensees. $256/year Authorizes licensee to act as a wine broker, for a fee or commission, in the purchase of wine for or on behalf of a person within or outside of California authorized to buy wine for purposes of resale and in the sale of wine for or on behalf of a person, other than a retail licensee, licensed to sell wine in California. $78/year 3 California Business and Professions Code, Sec. 23374.6 Fee: California Business and Professions Code, Sec. 23320 California Business and Professions Code, Sec. 23377 Fee: California Business and Professions Code, Sec. 23320 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State California (cont.) License Beer and Wine Wholesaler's License Retail Package Off-Sale Beer and Wine License Limited Off-Sale Retail Wine License On Sale Beer and Wine‒ Bona Fide Public Eating Place License (Restaurant) Primary Authorized Activities Fee Authorizes licensee to label, bottle, and package wine but does not authorize the licensee to sell or deliver wine to consumers in containers supplied, furnished, or sold by the consumer. $256/year Authorizes licensee to sell, to consumers only and not for resale, beer in containers, and wine in packages and in quantities of 52 gallons or less per sale, for consumption off the premises where sold. $209/year Authorizes licensee to sell wine to consumers and not for resale, in packages or quantities of 52 gallons or less per sale, for consumption off the premises where sold, if all of the following conditions are met: sales are restricted to those solicited and accepted via direct mail, telephone, or the Internet; sales are not conducted from a retail premises open to the public; the licensee takes possession of and title to all wine sold by the licensee; and all wine sold by the licensee is delivered to the purchaser from the licensed premises or from a licensed public warehouse. $209/year Authorizes licensee to sell beer and wine for consumption on or off the premises where sold, provided the licensed premises is operated and maintained as a bona fide eating place and maintains suitable kitchen facilities and actual and substantial sales of meals for consumption on the premises. $290/year Citation California Business and Professions Code, Sec. 23379 Fee: California Business and Professions Code, Sec. 23320 California Business and Professions Code, Sec. 23393 Fee: California Business and Professions Code, Sec. 23320 California Business and Professions Code, Sec. 23393.5 Fee: California Business and Professions Code, Sec. 23320 California Business and Professions Code, Sec. 23396 California Department of Alcoholic Beverage Control - Common ABC License Types and Their Basic Privileges Fee: California Business and Professions Code, Sec. 23320 4 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State California (cont.) License Primary Authorized Activities On Sale Beer and Wine‒ Public Premises (Bar, Tavern) Authorizes licensee to sell beer and wine for consumption on or off the premises where sold. Food service is not required. Fee $215/year Citation California Business and Professions Code, Sec. 23396 California Department of Alcoholic Beverage Control - Common ABC License Types and Their Basic Privileges Fee: California Business and Professions Code, Sec. 23320 Michigan Wine Maker License Authorizes licensee to manufacture wine and to sell that wine to a wholesaler, to a consumer by direct shipment, at retail on the licensed winery premises, and to a retailer. Authorizes licensee to sell wine made by the licensee in a restaurant for consumption on or off the premises if the restaurant is owned by the licensee or operated by another person under an agreement approved by the Michigan Liquor Control Commission and located on the licensed premises. Authorizes licensee who does not hold a license for consumption of alcoholic liquor on the premises at the same licensed address to conduct free wine tastings on the licensed premises of a specially designated merchant under certain conditions, including obtaining an annual beer and wine tasting permit approved by the commission. 5 $100/year Sec. 436.1113(9), Michigan Compiled Laws Sec. 436.1537, Michigan Compiled Laws Fee: Sec. 436.1525, Michigan Compiled Laws Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Michigan (cont.) License Primary Authorized Activities Fee Wine Maker License (cont.) Authorizes licensee, with the prior written approval of the commission, to conduct wine tastings of wines made by the licensee, for a charge, on the premises where the wine maker is licensed to manufacture wine, and to conduct wine tastings of wines made by the licensee and sell that wine for consumption at a location other than the licensed manufacturing premises, under certain conditions. Additional $100/location Small Wine Maker License Authorizes licensee to conduct the same activities as a wine maker licensee, except applies the 50,000 gallons/year limit. $25/year Sec. 436.1111(10), Michigan Compiled Laws Sec. 436.1113(9), Michigan Compiled Laws Small wine maker means a wine maker manufacturing or bottling not more than 50,000 gallons of wine in one calendar year. Outstate Seller of Wine License Citation Sec. 436.1537, Michigan Compiled Laws Fee: Sec. 436.1525, Michigan Compiled Laws Authorizes licensee to sell wine which has not been manufactured in Michigan to a wholesaler in Michigan. Authorizes licensee who does not hold a license for consumption of alcoholic liquor on the premises at the same licensed address to conduct free wine tastings on the licensed premises of a specially designated merchant under certain conditions, including obtaining an annual beer and wine tasting permit approved by the commission. 6 $300/year Sec. 436.1109(10), Michigan Compiled Laws Sec. 436.1537, Michigan Compiled Laws Fee: Sec. 436.1525, Michigan Compiled Laws Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Michigan (cont.) License Tavern License Primary Authorized Activities Authorizes licensee to sell at retail beer and wine for consumption on the premises only. Fee $250/year Citation Sec. 436.1113(1), Michigan Compiled Laws Fee: Sec. 436.1525, Michigan Compiled Laws Direct Shipper License Only a licensed wine maker and a wine producer and bottler located inside the U.S. but outside of Michigan holding both a federal basic permit issued by the alcohol and tobacco tax and trade bureau and a license to manufacture wine in its state of domicile qualify to hold a direct shipper license. Wine Auction License Authorizes licensee to sell, deliver, or import not more than 13,500 liters of wine per calendar year that the licensee both produces and bottles to consumers in Michigan, or wine that is manufactured by a wine maker for another wine maker and that is transacted or caused to be transacted by means of any mail order, Internet, telephone, computer, device, or other electronic means, or sold directly to a consumer on the winery premises. $100/year Sec. 436.1203, Michigan Compiled Laws Authorizes licensee to sell wine by auction, provided that: the wine is sold by a person licensed as a specially designated merchant or through a seller partnering with a specially designated merchant, as evidenced by a written agreement of the parties; the owner of the wine is not licensed by the commission; the wine is part of a private collection owned by a person not licensed by the commission; and the merchant ensures that each bottle sold has a permanently affixed tag or label stating that the wine was acquired from a private collection. $50,000/year Sec. 436.2031, Michigan Compiled Laws 7 Fee: Sec. 436.1525, Michigan Compiled Laws Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Missouri License Primary Authorized Activities Fee Citation Vintage Wine Solicitor License Authorizes licensee to sell to duly licensed wholesalers and solicit orders for the sale of vintage wine to, by, or through a duly licensed wholesaler within Missouri. $500/year Sec. 311.180, Subsec. 1(10), Revised Statutes of Missouri Wine Direct Shipper License Authorizes any person currently licensed in Missouri or any other state as a wine manufacturer to ship up to two cases per month of wine manufactured on the winery premises directly to a Missouri resident for such resident's personal use and not for resale. No fee Sec. 311.185, Revised Statutes of Missouri Alcohol Carrier License Authorizes a carrier to transport and deliver shipments of wine directly to a Missouri resident. No fee Sec. 311.185, Revised Statutes of Missouri 8 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Missouri (cont.) License Wine or Brandy Manufacturer's License Primary Authorized Activities Fee Citation Authorizes licensee to manufacture wine or brandy in quantities not to exceed 500,000 gallons, and not in excess of 18 percent of alcohol by weight for wine and 34 percent of alcohol by weight for brandy, from grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in Missouri, exclusive of sugar, water, and spirits, with certain exceptions. $5 for each 500 gallons or fraction thereof of wine produced with a maximum license fee of $300/year Sec. 311.190, Revised Statutes of Missouri $500/year Sec. 311.191, Revised Statutes of Missouri Authorizes licensee to: purchase and sell bulk or packaged wines received from other licensed manufacturers; purchase in bulk, bottle, and sell to duly licensed wineries, wholesalers, and retail dealers; offer samples of wine; sell wine and brandy in its original package directly to consumers at the winery; and open wine so purchased by customers to be consumed on the winery premises. Vintage Wine Auction License Authorizes licensee, who must be licensed in Missouri as an auctioneer and regularly conducting business as an auctioneer at a fixed location in Missouri within a city in a county of the first classification with a charter form of government, to conduct auctions that sell vintage wine from a private collection. Authorizes licensee to hold vintage wine tastings on the auction premises within the period of 24 hours immediately preceding the start of the auction. 9 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New Jersey License Plenary Winery License Requires licensee to engage in growing and cultivating grapes or fruit used in the production of wine on at least three acres on, or adjacent to, the winery premises. Primary Authorized Activities Entitles licensee to: produce any fermented wines; blend, fortify, and treat wines; sell and distribute the licensee's products to licensed wholesalers and to churches for religious purposes; sell and distribute to any persons outside of New Jersey pursuant to the laws of those places of such sale and distribution; maintain a warehouse; sell the licensee's products at retail to consumers on the licensed premises of the winery for consumption on or off the premises; and offer samples not exceeding one and one-half ounces of any wine gratuitously or for a nominal charge for sampling purposes only. Authorizes a licensee who produces not more than 250,000 gallons per year to annually ship not more than 12 cases, each containing a maximum of 9 liters of wine, to any person within or outside of New Jersey over 21 years of age for personal consumption and not for resale. 10 Fee $938/year Citation Sec. 33:1-10, New Jersey Statutes Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New Jersey (cont.) License Plenary Winery License (cont.) Primary Authorized Activities Authorizes licensee who produces not more than 250,000 gallons per year to sell and distribute the licensee's products to licensed retailers and prohibits the licensee from using a common carrier for such distribution. Authorizes licensee who produces not more than 250,000 gallons per year to sell such wine at retail in original packages in 15 salesrooms apart from the winery premises for consumption on or off the premises and for sampling purposes for consumption on the premises 11 Fee Additional annual fee is based on gallons manufactured: • More than 150,000 gallons, but not in excess of 250,000 gallons/year = $1,000 • More than 100,000 gallons, but not in excess of 150,000 gallons/year = $500 • More than 50,000 gallons, but not in excess of 100,000 gallons/year = $250 • 50,000 gallons or less/year = $100 $250/year for each salesroom Citation Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New Jersey (cont.) License Farm Winery License Requires winery to be located and constructed on a tract of land exclusively under the licensee's control, provided that the licensee is actively engaged in growing and cultivating an area of not less than three acres on or adjacent to the winery premises and on which are growing grape vines or fruit to be processed into wine or fruit juice. Requires, for the first five years of the winery's operation, fermented wines and fruit juices to be manufactured from at least 51 percent grapes or fruit grown in New Jersey and thereafter manufactured from grapes or fruit grown in New Jersey at least to the extent required for labeling as "New Jersey Wine" under the applicable federal laws and regulations. Primary Authorized Activities Entitles licensee to: manufacture any fermented wines and fruit juices in a quantity expressed in the license, but not in excess of 50,000 gallons per year; sell and distribute the licensee's products to licensed wholesalers and retailers and to churches for religious purposes; sell and distribute to any persons outside of New Jersey pursuant to the laws of the places of such sale and distribution; maintain a warehouse; sell at retail to consumers for consumption on or off the licensed premises; and offer samples not exceeding one and one-half ounces of any wine gratuitously or for a nominal charge for sampling purposes only. Authorizes licensee to annually ship not more than 12 cases, each containing a maximum of 9 liters of wine, to any person within or outside of New Jersey over 21 years of age for personal consumption and not for resale. Fee Additional annual fee is based on gallons manufactured: • Between 30,000 and 50,000 gallons per annum = $375/year • Between 2,500 and 30,000 gallons per annum = $250/year • Between 1,000 and 2,500 gallons per annum = $125/year • Less than 1,000 gallons per annum = $63/year Authorizes licensee to sell and distribute the licensee's Additional $100/year products to licensed retailers and prohibits the licensee from using a common carrier for such distribution. Authorizes licensee to sell the licensee's products in original packages at retail to consumers in 15 salesrooms apart from the winery premises for consumption on or off the premises, and for sampling purposes for consumption on the premises. 12 $250/year for each salesroom Citation Sec. 33:1-10, New Jersey Statutes Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New Jersey (cont.) License Primary Authorized Activities Fee Citation Wine Blending License Entitles licensee to blend, treat, mix, and bottle fermented wines and fruit juices with nonalcoholic beverages, to sell and distribute the licensee's products to licensed wholesalers and retailers, to sell and distribute to any persons outside of New Jersey pursuant to the laws of those places of such sale and distribution, and to maintain a warehouse. $625/year Sec. 33:1-10, New Jersey Statutes Out-of-State Winery License Authorizes licensee to annually ship not more than 12 cases, each containing a maximum of 9 liters of wine, to any person within or outside of New Jersey over 21 years of age for personal consumption and not for resale. $938/year Sec. 33:1-10, New Jersey Statutes Authorizes licensee to sell and distribute the licensee's products to licensed wholesalers in New Jersey and to sell such wine at retail in original packages in 16 salesrooms apart from the winery premises for consumption on or off the premises. $250/year for each salesroom Only applicable to the holder of a valid winery license issued in a state other than New Jersey who produces not more than 250,000 gallons of wine per year. 13 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New Jersey (cont.) License Out-of-State Winery License (cont.) Wine Wholesale License Primary Authorized Activities Fee Citation Authorizes licensee to sell and distribute the licensee's Additional annual fee is products to licensed retailers and prohibits the licensee based on gallons from using a common carrier for such distribution. manufactured: Entitles licensee to: sell and distribute any naturally fermented, treated, blended, fortified, and sparkling wines to licensed retailers and wholesalers; sell and distribute to any persons outside of New Jersey pursuant to the laws of those places of such sale and distribution; and maintain a warehouse and salesroom, provided that the delivery of such wines by the licensee to licensed retailers is from inventory in a warehouse located in New Jersey which is operated under a wine wholesale license. 14 • More than 150,000 gallons, but not in excess of 250,000 gallons/year = $1,000 • More than 100,000 gallons, but not in excess of 150,000 gallons/year = $500 • More than 50,000 gallons, but not in excess of 100,000 gallons/year = $250 • 50,000 gallons or less/year = $100 $3,750/year Sec. 33:1-11, New Jersey Statutes Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York License Winery License Primary Authorized Activities $625/year Authorizes licensee to: operate a winery for the manufacture of wine at the licensed premises; receive and possess wine from other states consigned to a U.S. government bonded winery, warehouse, or storeroom located within New York; sell in bulk from the licensed premises the products manufactured under such license and wine received by such licensee from any other state to any winery licensee, any distiller licensee, or to a permittee engaged in the manufacture of products which are unfit for beverage use and sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery; and sell from the licensed premises to a licensed wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, wine manufactured or received by the licensee in the original sealed containers of not more than 15 gallons each and sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery. Effective January 14, 2013, authorizes licensee to sell from the licensed premises to licensed farm wineries and farm breweries New York state labeled wine manufactured by the licensee in the original sealed containers of not more than 15 gallons each. 15 Fee Citation New York Alcoholic Beverage Control Law, Sec. 76 Fee: New York Alcoholic Beverage Control Law, Sec. 83 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Winery License (cont.) Primary Authorized Activities Authorizes licensee to conduct wine tastings of New York state labeled wines, gratuitously or for a fee, in an establishment holding a certain license authorizing the retail sale of wine or liquor for off-premises consumption and in an establishment holding a license authorizing such sale for consumption on the premises. Authorizes licensee to sell such wine by the bottle, during the tastings, for off-premises consumption at certain events sponsored by a bona fide charitable organization within specified hours. Authorizes licensee to apply for a permit to sell wine produced by the winery by the bottle during such tastings in an establishment holding a certain license authorizing the retail sale of wine or liquor for consumption on the premises. Authorizes licensee to apply for a license to sell wine at retail for consumption on the premises. Authorizes licensee to engage in what is commonly known as wine by wire services whereby a winery within New York may make deliveries on behalf of other wineries within New York. Authorizes licensee to sell or deliver wine produced by the winery to persons outside of New York pursuant to the laws of the place of such sale or delivery. Authorizes licensee to store and sell gift items which may include New York state labeled wine produced or manufactured by any other New York state winery or farm winery licensee. 16 Fee Citation Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Winery License (cont.) Primary Authorized Activities Fee Authorizes licensee to engage in custom wine production allowing individuals to assist in the production of wine for sale for personal or family use, provided that the wine is purchased by the individual assisting in the production and the owner, employee, or agent of such winery is present at all times during the production. Authorizes licensee to apply for a license to sell New York state labeled wine at retail for consumption off the premises, under certain conditions. Additional $500/year for retail premises located in a city with a population of one million or more Additional $250/year for premises located in a city with less than one million in population but more than 100,000 Additional $125/year for premises located elsewhere Authorizes licensee to sell wine at retail in sealed containers to a regularly organized church, synagogue, or religious organization for sacramental purposes, and to a householder for consumption in the householder's home. 17 Additional $125/year Citation Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Farm Winery License Prohibits licensed farm winery from manufacturing or selling any wine not produced exclusively from grapes or other fruits or agricultural products grown or produced in New York with certain exceptions, and prohibits the manufacture of more than 100,000 finished gallons of wine annually. Primary Authorized Activities Authorizes licensee to: operate a farm winery for the manufacture of wine or cider at the premises specifically designated in the license; sell in bulk from the licensed premises the products manufactured under the license to any winery licensee, any other farm winery licensee, any distiller licensee, or to a permittee engaged in the manufacture of products which are unfit for beverage use; sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery; and sell from the licensed premises to a licensed wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, or at retail for consumption off the premises, wine or cider manufactured by the licensee and to sell or deliver such wine or cider to persons outside of New York pursuant to the laws of the place of such sale or delivery. Effective January 14, 2013, authorizes licensee to sell from the licensed premises to a licensed winery, farm distiller, and farm brewery wine or cider manufactured by the licensee at the licensed premises. Authorizes licensee to sell cider and wine at retail for consumption on or off the premises and to sell wine at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast, or hotel business owned and operated by the licensee in or adjacent to the licensed farm winery. 18 Fee $125/year $50/year for a farm winery manufacturing no more than 1,500 finished gallons of wine annually Citation New York Alcoholic Beverage Control Law, Sec. 76-a Fee: New York Alcoholic Beverage Control Law, Sec. 83 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Farm Winery License (cont.) Primary Authorized Activities Authorizes licensee to conduct wine tastings of New York state labeled wines, gratuitously or for a fee, in an establishment holding a certain license authorizing the retail sale of wine or liquor for off-premises consumption and in an establishment holding a license authorizing such sale for consumption on the premises. Authorizes licensee to sell such wine by the bottle, during the tastings, for off-premises consumption at certain events sponsored by a bona fide charitable organization within specified hours. Authorizes licensee to apply for a permit to sell wine produced by the farm winery by the bottle during such tastings in an establishment holding a certain license authorizing the retail sale of wine or liquor for consumption on the premises. Authorizes licensee to store and sell gift items that include New York state labeled wine or liquors produced or manufactured by any other New York state winery or farm winery licensee or by the holder of certain distiller's licenses. Authorizes licensee to offer for sale or solicit any order in New York for the sale of any New York state labeled wine manufactured by the licensee or any other licensed winery or farm winery. Authorizes licensee to engage as a broker in the purchase and sale of New York state labeled wines for a fee or commission for or on behalf of any licensed winery or farm winery in New York. 19 Fee Citation Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Farm Winery License (cont.) Primary Authorized Activities Fee Citation Authorizes licensee to deliver, transport, and sell any New York state labeled wine manufactured or produced by the licensee or any other licensed winery or farm winery in New York to any holder of a winery or farm winery license or a license to sell alcoholic beverages for consumption on or off the premises, or any person that can receive or purchase wine from a farm winery. Authorizes licensee to engage in custom wine production allowing individuals to assist in the production of wine for sale for personal or family use, provided that the wine is purchased by the individual assisting in the production and the owner, employee, or agent of such winery is present at all times during production. Special Winery License Authorizes licensee to operate a special winery on the premises of an existing winery and to engage in the same authorized activities as a winery licensee. Laws relating to a winery license also apply to a special winery license. $625/year New York Alcoholic Beverage Control Law, Sec. 76-c New York Alcoholic Beverage Control Law, Sec. 76 Fee: New York Alcoholic Beverage Control Law, Sec. 83 20 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Special Farm Winery License Primary Authorized Activities Authorizes licensee to operate a special farm winery on the premises of an existing farm winery and to engage in the same activities as a farm winery licensee. Laws relating to a farm winery license also apply to a special farm winery license. Fee $125/year Citation New York Alcoholic Beverage Control Law, Sec. 76-d New York Alcoholic Beverage Control Law, Sec. 76-a Fee: New York Alcoholic Beverage Control Law, Sec. 83 Temporary Winery or Farm Winery Permit Authorizes permittee to operate a winery, farm winery, special winery, or special farm winery for the manufacture and sale of wine at the premises specifically designated in the permit and to conduct any of the activities permitted in laws relating to those respective wineries for six months while the permittee has a permanent license application pending before the New York State Liquor Authority. Authorizes the extension of a temporary permit for an additional three months or until the permittee is issued a permanent license with additional three-month extensions as necessary. $125 for a six-month permit $50 for each additional three-month extension New York Alcoholic Beverage Control Law, Sec. 76-b New York Alcoholic Beverage Control Law, Sec. 76 New York Alcoholic Beverage Control Law, Sec. 76-a New York Alcoholic Beverage Control Law, Sec. 76-c New York Alcoholic Beverage Control Law, Sec. 76-d Fee: New York Alcoholic Beverage Control Law, Sec. 83 21 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) License Wholesaler's Wine License Seven Day License to Sell Wine at Retail for Consumption off the Premises Primary Authorized Activities Fee Authorizes licensee to sell wine at wholesale in the original sealed containers of not more than 15 gallons each to duly licensed manufacturers, wholesalers, retailers, and permittees in New York and to sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery. $800/year Authorizes licensee to sell wine at retail for offpremises consumption under certain conditions and to conduct wine tastings on the licensed premises. $640/year for premises located in a city with a population of one million or more Citation New York Alcoholic Beverage Control Law, Sec. 78 Fee: New York Alcoholic Beverage Control Law, Sec. 83 $320/year for premises located in a city with a population less than one million and more than 100,000 New York Alcoholic Beverage Control Law, Sec. 79 New York Alcoholic Beverage Control Law, Sec. 80 Fee: New York Alcoholic Beverage Control Law, Sec. 83 $145/year for premises located elsewhere License to Sell Wine at Retail for Consumption on the Premises Authorizes licensee to sell wine, beer, and soju at retail to be consumed on certain premises licensed to sell liquor at retail for on-premises consumption and in certain other places where food is prepared and served for consumption on the premises and where wine is not the prime source of revenue from the operation of such premises. 22 $480/year for premises located in a city with a population of 100,000 or more $240/year for premises located elsewhere New York Alcoholic Beverage Control Law, Sec. 81 Fee: New York Alcoholic Beverage Control Law, Sec. 83 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State New York (cont.) Oregon License Special License to Sell Wine at Retail for Consumption on the Premises Limited On-Premises Sales License Requires sales under the license to consist principally of sales by the drink for consumption on the licensed premises. Off-Premises Sales License Primary Authorized Activities Fee Authorizes licensee to sell wine and beer to be consumed on certain premises licensed to sell liquor at retail for on-premises consumption and in certain other places where food is prepared and served for consumption on the premises and where wine is not the prime source of revenue from the operation of such premises. Requires the licensed premises to regularly keep food available for sale to customers for consumption on the premises. Other requirements regarding the principal business of the licensed premises apply. $576/year for premises located in a city with a population of 100,000 or more Authorizes licensee to: sell wine, malt beverages, and cider by the drink at retail for consumption on the licensed premises; sell malt beverages in factorysealed containers holding not less than seven gallons per container for consumption off the premises; and sell malt beverages for consumption off the premises in securely covered containers holding not more than two gallons provided by the purchaser. $200/year Authorizes licensee to: sell factory-sealed containers of wine, malt beverages in containers holding not more than two and one-quarter gallons, and cider; provide sample tastings of wine, malt beverages, and cider on the premises after applying to and receiving approval from the Oregon Liquor Control Commission; and deliver wine or cider that is sold under the privileges of the license to retail customers in Oregon without a direct shipper permit. $100/year 23 $270/year for premises located elsewhere Citation New York Alcoholic Beverage Control Law, Sec. 81-a Fee: New York Alcoholic Beverage Control Law, Sec. 83 Oregon Revised Statutes 471.178 Fee: Oregon Revised Statutes 471.311 Oregon Revised Statutes 471.186 Fee: Oregon Revised Statutes 471.311 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Oregon (cont.) License Winery License Requires licensee to principally produce wine or cider in Oregon. Primary Authorized Activities Authorizes licensee to: import, bottle, produce, blend, store, transport, or export wines or cider; sell wines or cider at wholesale to the commission or to licensees of the commission; sell wines or cider at retail directly to the consumer for consumption on or off the licensed premises; sell malt beverages at retail for consumption on or off the licensed premises; conduct the above activities at a second or third premises as designated by the commission; and purchase from or through the commission brandy or other distilled liquors for fortifying wines. Fee $250/year Citation Oregon Revised Statutes 471.223 Fee: Oregon Revised Statutes 471.311 Authorizes licensee to sell and ship wine or cider directly to a resident of Oregon only if the licensee has a direct shipper permit. Authorizes licensee who also holds a full on-premises sales license to sell both distilled liquor and wine or cider bottled and produced under the winery license. Grower Sales Privilege License Authorizes licensee to perform the following activities only for fruit or grape wine or cider where all of the fruit or grapes used to make the wine or cider are grown in Oregon under the control of the licensee: import, store, transport, or export such wines or cider; sell such wines or cider at wholesale to the commission or licensees of the commission; sell such wines or cider at retail directly to the consumer for consumption on or off the licensed premises; and conduct the above activities at a second or third premises as designated by the commission. 24 $250/year Oregon Revised Statutes 471.227 Fee: Oregon Revised Statutes 471.311 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Oregon (cont.) License Primary Authorized Activities Wholesale Malt Beverage and Wine License Authorizes licensee to import, store, transport, sell at wholesale and distribute to licensees of the commission, and export wine, cider, and malt beverages, and to import and sell to the commission, and to export wine of alcoholic content in excess of 21 percent alcohol by volume. Authorizes licensee to sell naturally fermented wine or cider in quantities of not less than 4 gallons nor more than 55 gallons at any one time to consumers for consumption not on the licensed premises. Authorizes licensee to sell malt beverages containing not more than nine percent alcohol by volume in quantities not less than four gallons to any unlicensed organization, lodge, picnic party, or private gathering. Authorizes licensee to sell malt beverages, at wholesale only, to persons holding licenses authorizing the resale of such beverages at retail. Authorizes employees of a licensee to serve sample tastings of malt beverages, cider, and wine at alcoholic beverage industry trade shows, seminars, and conventions and at alcoholic beverage industry sample tastings for employees of retail licensees. 25 Fee $275/year Citation Oregon Revised Statutes 471.235 Fee: Oregon Revised Statutes 471.311 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Oregon (cont.) License Warehouse License Primary Authorized Activities Authorizes licensee to store, import, bottle, produce, blend, transport, and export nontax paid, bonded wine or wine on which the tax is paid and to store, import, and export nontax paid malt beverages and cider, or malt beverages and cider on which the tax is paid. Fee $100/year Citation Oregon Revised Statutes 471.242 Fee: Oregon Revised Statutes 471.311 Authorizes the removal of wine, cider, and malt beverages from the licensed premises only for: sale for export; sale or shipment to a wholesale malt beverage and wine licensee; sale or shipment to another warehouse licensee; sale or shipment to a winery licensee; shipment of wine or cider produced by a winery licensee to a licensee of the commission authorized to sell wine or cider at retail if the shipment is made pursuant to a sale to the retail licensee by a winery licensee, a grower sales privilege licensee, or a wholesale malt beverage and wine licensee; or shipment of wine or cider to a person for personal use. Wine Self-Distribution Permit Requires permittee to be a U.S. manufacturer of wine or cider who holds a license issued by another state authorizing wine or cider manufacturing and an Oregon Liquor Control Commission certificate of approval. Authorizes permittee to sell at wholesale and transport wine or cider that the permittee produces directly to the commission or to retail licensees who hold a valid endorsement issued by the commission authorizing receipt of wine or cider from a wine self-distribution permittee. 26 $100/year Oregon Revised Statutes 471.274 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Oregon (cont.) License Direct Shipper Permit Requires permittee to hold a license issued by Oregon or another state that authorizes the manufacture of wine or cider or the sale of wine or cider produced only from grapes or other fruit grown under the control of the licensee or to hold a license authorizing the sale of wine or cider at retail, or to be a nonprofit trade association that holds a temporary sales license and that has a membership primarily composed of persons holding winery licenses or grower sales privilege licenses. Primary Authorized Activities Authorizes permittee to sell and ship wine directly to an Oregon resident for personal use and not for the purpose of resale and not in excess of two cases containing not more than nine liters per case per month. 27 Fee $50/year Citation Oregon Revised Statutes 471.282 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Texas License Winery Permit Primary Authorized Activities Authorizes permittee to: manufacture, bottle, label, and package wine containing not more than 24 percent alcohol by volume; manufacture fruit brandy and use that brandy on the permitted premises for fortifying purposes only or sell that brandy to other winery permit holders; import or buy fruit brandy from a permittee authorized to manufacture fruit brandy and use that brandy on the permitted premises for fortifying purposes only; sell wine in Texas to or buy wine from permittees authorized to purchase and sell wine, including holders of wholesaler's permits, winery permits, and wine bottler's permits; sell wine to ultimate consumers for consumption on the winery premises or in unbroken packages for off-premises consumption in an amount not to exceed 35,000 gallons annually; sell wine outside of Texas to qualified persons; blend wines; and dispense free wine for consumption on the winery premises. Authorizes permittee to manufacture and label wine for an adult in an amount not to exceed 50 gallons annually for personal use. Authorizes permittee to conduct wine samplings, including wine tastings at a retailer's premises, and authorizes a winery employee to open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. Authorizes permittee to sell wine to ultimate consumers for consumption on or off winery premises and dispense free wine for consumption on or off the winery premises. 28 Fee $75/year Citation Section 16.01, Alcoholic Beverage Code Section 16.03, Alcoholic Beverage Code Section 16.09, Alcoholic Beverage Code Fee: Section 16.02, Alcoholic Beverage Code Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Texas (cont.) License Winery Permit (cont.) Primary Authorized Activities Fee Citation Authorizes permittee to dispense wine gratuitously or for a fee for consumption on the premises of the winery during wine samplings and wine tastings. Authorizes permittee, for blending purposes only, to import wines or grape brandy purchased only from holders of nonresident seller's permits. Authorizes permittee to ship wine to the ultimate consumer, including ultimate consumers located in dry areas, and requires delivery by a carrier permit holder. Wine Bottler's Permit Authorizes permittee to: purchase and import wine only from the holders of nonresident seller's permits or their agents who are holders of manufacturer's agent's permits; purchase wine in Texas from holders of wholesaler's, winery, or wine bottler's permits; bottle, rebottle, label, package, and sell wine to permit holders in Texas authorized to purchase and sell wine; and sell wine to qualified persons outside of Texas. 29 $225/year Section 18.01, Alcoholic Beverage Code Fee: Section 18.02, Alcoholic Beverage Code Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Texas (cont.) License Primary Authorized Activities Wine Only Package Store Permit Authorizes permittee to purchase ale, wine, and vinous liquors in Texas from the holder of a winery, wine bottler's, wholesaler's, or class B wholesaler's permit, and to sell those beverages to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for offpremises consumption only and not for the purpose of resale. Fee $75/year Citation Section 24.01, Alcoholic Beverage Code Section 24.03, Alcoholic Beverage Code Section 24.12, Alcoholic Beverage Code Fee: Section 24.02, Alcoholic Beverage Code Authorizes permittee to make deliveries to and collections from customers. Authorizes permittee to conduct free product samplings of wine or ale on the permittee's premises during regular business hours and authorizes an agent or employee of the permittee to open, touch, or pour wine or ale, make a presentation, or answer questions at a sampling event. Authorizes permittee, under certain circumstances, to obtain a package store tasting permit for purposes of gratuitously conducting product tastings of ale, wine, and vinous liquors. Additional annual $25 fee Section 52.01, Alcoholic Beverage Code Section 52.03, Alcoholic Beverage Code Fee: Section 52.02, Alcoholic Beverage Code Wine and Beer Retailer's Permit Authorizes permittee to sell wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume and not more than 17 percent by volume for consumption on or off the premises where sold, but not for resale, and to sell traditional port or sherry containing alcohol in excess of one-half of one percent by volume and not more than 24 percent by volume for consumption on the premises. 30 $175/year $750/year for a permit in connection with an establishment located in a county with a population of 1.4 million or more Section 25.01, Alcoholic Beverage Code Fee: Section 25.02, Alcoholic Beverage Code Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Texas (cont.) License Primary Authorized Activities Wine and Beer Retailer's Off-Premise Permit Authorizes permittee to sell wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume for off-premises consumption only and not for resale. Fee $60/year Virginia Winery License Fee: Section 26.02, Alcoholic Beverage Code Authorizes permittee to sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer located in Texas. Prohibits permittee from delivering to the same consumer more than 9 gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period and from annually selling more than 35,000 gallons to ultimate consumers. $75/year Authorizes licensee to manufacture wine and to sell and deliver or ship the wine in closed containers to persons licensed to sell the wine so manufactured at wholesale for the purpose of resale, and to persons outside of Virginia for resale outside of Virginia. $189/year, when not more than 5,000 gallons of wine are manufactured during the year in which the license is granted Authorizes licensee to operate distilling equipment on the licensed premises in the manufacture of spirits from fruit or fruit juices that are used only for the fortification of wine produced by the licensee. $3,725/year, when more than 5,000 gallons are manufactured during such year 31 Section 26.01, Alcoholic Beverage Code Section 26.08, Alcoholic Beverage Code Authorizes permittee to conduct free product samplings of wine, beer, and malt liquor containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume on the permitted premises during regular business hours, and authorizes an employee of the permittee to open, touch, or pour wine, beer, or malt liquor, make a presentation, or answer questions at a sampling event. Out-of-State Winery Direct Shipper's Permit Citation Section 54.01, Alcoholic Beverage Code Section 54.02, Alcoholic Beverage Code Fee: Section 54.04, Alcoholic Beverage Code Code of Virginia Sec. 4.1-207 Code of Virginia Sec. 4.1-100 Fee: Code of Virginia Sec. 4.1-231 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Virginia (cont.) License Primary Authorized Activities Fee Citation Retail Off-Premises Winery License Authorizes the holder of a winery license to sell wine at the place of business designated in the winery license, in closed containers, for off-premises consumption. $145/year, which includes a delivery permit Code of Virginia Sec. 4.1-207 Wholesale Wine License Authorizes licensee to acquire and receive deliveries and shipments of wine and to sell and deliver or ship the wine from one or more premises identified in the license, in closed containers, to persons licensed to sell such wine in Virginia, persons outside of Virginia for resale outside of Virginia, religious congregations for use only for sacramental purposes, and owners of boats registered under federal law sailing for ports of call of a foreign country or another state. Fee is based on the gallons of wine the wholesaler sells annually: Code of Virginia Sec. 4.1-207 Authorizes licensee to conduct tastings of wine not in excess of five ounces per person within hotels, restaurants, and clubs licensed for on-premises consumption. • Authorizes a licensee located within or outside of Virginia to sell and deliver or ship wine, in closed containers, to persons in Virginia licensed to sell wine at wholesale for the purpose of resale, and to persons outside of Virginia for resale outside of Virginia. $370/year Wine Importer's License Authorizes licensee, under certain conditions, to conduct tastings of wine not in excess of five ounces per person within hotels, restaurants, and clubs licensed for on-premises consumption. 32 • • • 30,000 gallons or less = $185/year More than 30,000 gallons but not more than 150,000 gallons = $930/year More than 150,000 but not more than 300,000 gallons = $1,430/year More than 300,000 gallons = $1,860/year Fee: Code of Virginia Sec. 4.1-231 Code of Virginia Sec. 4.1-201.1 Fee: Code of Virginia Sec. 4.1-231 Code of Virginia Sec. 4.1-207 Fee: Code of Virginia Sec. 4.1-231 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Virginia (cont.) License Farm Winery License License is designated as either Class A or Class B. Requires at least 51 percent of the fresh fruits or agricultural products used to manufacture the wine to be grown or produced on the farm (for a Class A license), 75 percent of the fresh fruits or agricultural products used to manufacture the wine to be grown or produced in Virginia (for a Class B license), and no more than 25 percent of the fruits, fruit juices, or other agricultural products to be grown or produced outside of Virginia, with certain weather-related exceptions (both Class A and B). Requires a Class B licensee to have operated under an existing Virginia farm winery license for at least seven years. Primary Authorized Activities Authorizes licensee to manufacture wine containing 18 percent or less of alcohol by volume and to sell, deliver, or ship the wine to the Virginia Alcoholic Beverage Control Board, persons licensed to sell the wine so manufactured at wholesale for the purpose of resale, or persons outside of Virginia. Authorizes licensee to acquire and receive deliveries and shipments of wine and sell and deliver or ship this wine to the board, persons licensed to sell wine at wholesale for the purpose of resale, or persons outside of Virginia. Authorizes licensee to sell wine at retail at the places of business designated in the licenses, which may include no more than five additional retail establishments of the licensee, and authorizes wine to be sold at these business places for on-premises consumption and in closed containers for off-premises consumption. Authorizes licensee, under certain conditions, to conduct tastings of wine not in excess of five ounces per tasting within hotels, restaurants, and clubs licensed for on-premises consumption. 33 Fee $190/year for a Class A license, which includes a delivery permit $3,725/year for a Class B license, which includes a delivery permit Citation Code of Virginia Sec. 4.1-207 Code of Virginia Sec. 4.1-219 Fee: Code of Virginia Sec. 4.1-231 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Virginia (cont.) License Primary Authorized Activities Fee Internet Wine Retailer License Authorizes a licensee located within or outside of Virginia to sell and ship wine in closed containers to persons in Virginia to whom wine may be lawfully sold for off-premises consumption. $150/year Retail On-Premises Wine and Beer License Issued to a Hotel, Restaurant, or Club Authorizes licensee to sell wine and beer, either with or without meals, only in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas, with exceptions for certain hotels. $300/year Citation Code of Virginia Sec. 4.1-207 Fee: Code of Virginia Sec. 4.1-231 Code of Virginia Sec. 4.1-209 Fee: Code of Virginia Sec. 4.1-231 Authorizes licensee to conduct wine or beer tastings sponsored by the licensee for its customers for onpremises consumption and to sell or give samples of wine in an amount not exceeding two ounces per person and beer in an amount not exceeding four ounces per person in designated areas at promotional events held by the licensee. Retail On-and-Off Premises Wine and Beer License Issued to a Hotel, Restaurant, or Club Authorizes licensee to conduct all activities accorded to a retail on-premises wine and beer licensee and to additionally sell wine and beer in closed containers for off-premises consumption. $600/year, which includes a delivery permit Code of Virginia Sec. 4.1-209 Retail Off-Premises Wine and Beer License Authorizes licensee to sell wine and beer in closed containers for off-premises consumption. $230/year, which includes a delivery permit Code of Virginia Sec. 4.1-209 34 Fee: Code of Virginia Sec. 4.1-231 Fee: Code of Virginia Sec. 4.1-231 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Virginia (cont.) License Primary Authorized Activities Fee Fulfillment Warehouse License Authorizes certain nonprofit corporations with a place of business located in Virginia to receive deliveries and shipments of wine or beer owned by holders of wine or beer shipper's licenses, store such wine or beer on behalf of the owner, and pick, pack, and ship such wine or beer as directed by the owner. $120/year Wine Shipper's License Authorizes licensee to sell and ship not more than two cases of wine, with each case containing not more than nine liters, per month for personal consumption only and not for resale to any person in Virginia. Requires direct shipment to be by common carrier only and authorizes licensee to ship wine or beer through the use of the services of an approved fulfillment warehouse and to sell wine or beer through the use of the services of an approved marketing portal. $95/year 35 Citation Code of Virginia Sec. 4.1-209 Fee: Code of Virginia Sec. 4.1-231 Code of Virginia Sec. 4.1209.1 Fee: Code of Virginia Sec. 4.1-231 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Washington License Primary Authorized Activities Domestic Winery License Authorizes licensee to: manufacture wine in Washington from grapes or other agricultural products; act as a retailer and distributor of wine of its own production; maintain an approved warehouse off the winery premises for the distribution of such wine; and use a common carrier to deliver up to 100 cases of its own production, in the aggregate, per month to licensed Washington retailers. Fee Citation Fee to be computed only on the liters manufactured annually: Sec. 66.24.170, Revised Code of Washington • Less than 250,000 liters = $100/year • 250,000 liters or more = $400/year Authorizes licensee, at locations separate from any of its production or manufacturing sites, to serve samples of its own products, with or without charge, and to sell wine of its own production at retail, if certain requirements are met. Authorizes wine produced in Washington by a domestic winery licensee to be shipped out-of-state for the purpose of making it into sparkling wine and then returned to such licensee for resale. Authorizes licensee to ship its wine to a Washington resident for that resident's personal use and not for resale. Authorizes licensee to apply to the Washington State Liquor Control Board for an endorsement to sell wine of its own production made entirely from grapes or other agricultural products grown in Washington at retail for off-premises consumption at a qualifying farmers market. 36 Additional $75 annual fee Sec. 66.20.360, Revised Code of Washington Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Washington (cont.) License Primary Authorized Activities Bonded Wine Warehouse Storage License Authorizes licensee to store and handle bottled wine off the winery premises, which includes the following services: packaging and repackaging services; bottle labeling services; creating baskets or variety packs that may or may not include nonwine products; and picking, packing, and shipping wine orders direct to consumers. The warehousing of wine is limited to a licensed domestic winery or a bonded wine warehouse, a licensed Washington wine distributor or importer, a wine certificate of approval holder, or the Washington State Liquor Control Board. Fee Citation $100/year Sec. 66.24.185, Revised Code of Washington Authorizes licensee to maintain a warehouse for the storage of wine off the premises of a winery. Authorizes the removal of wine from a bonded wine warehouse only for the purposes of being exported from Washington, shipped to a licensed Washington wine distributor, returned to a winery or bonded wine warehouse, or shipped directly to a consumer. Wine Distributor's License Authorizes licensee to sell wine purchased from licensed Washington wineries, wine certificate of approval holders, licensed wine importers, or suppliers of foreign wine located outside of the U.S., to licensed wine retailers and other wine distributors and to export the same from Washington. $660/year for each distributing unit Sec. 66.24.200, Revised Code of Washington Wine Importer's License Authorizes licensee to import wine purchased from certificate of approval holders into Washington and wine manufactured outside of the U.S. from suppliers located outside of the U.S., and to sell that wine to licensed wine distributors or export it out of Washington. $160/year Sec. 66.24.203, Revised Code of Washington 37 Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Washington (cont.) License Out-of-State Winery Certificate of Approval Primary Authorized Activities Authorizes certificate holder to sell and ship the holder's wine to licensed Washington wine distributors, importers, or retailers and, if the holder obtains a direct shipment endorsement, to act as a distributor of its own production and use a common carrier to deliver up to 100 cases of its own production, in the aggregate, per month to licensed Washington retailers. Fee $200/year Citation Sec. 66.24.206, Revised Code of Washington Sec. 66.20.360, Revised Code of Washington Sec. 66.20.365, Revised Code of Washington Authorizes certificate holder, who additionally holds a wine shipper's permit issued by the Washington State Liquor Control Board and pays an additional fee determined by the board, to ship its wine to a Washington resident for that resident's personal use and not for resale, provided the holder has been issued a license to manufacture wine by another state. Beer and/or Wine Restaurant License Authorizes licensee to sell beer or wine, or both, depending on the license type, at retail for consumption on the premises. Authorizes licensee or its manager to furnish beer or wine to the licensee's employees free of charge as may be required for use in connection with instruction on beer and wine. Permits licensee, when license is combined with a beer and wine retailer's license, to sell beer and wine in original sealed packages of the manufacturer or bottler for consumption off the premises. 38 $400/year for a beer and wine restaurant license or $200/year for the wine only license Additional $120 annual fee Sec. 66.24.320, Revised Code of Washington Sec. 66.24.354, Revised Code of Washington Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Washington (cont.) License Primary Authorized Activities Beer and/or Wine Tavern License Authorizes a licensee, who operates a tavern frequented only by persons 21 years of age and older, to sell beer or wine, or both, at retail for consumption on the premises. $400/year for a beer and wine tavern license or $200/year for the wine only license Permits licensee, when license is combined with a beer and wine retailer's license, to sell beer and wine in original sealed packages of the manufacturer or bottler for consumption off the premises. Additional $120 annual fee Authorizes licensee to sell wine and beer at retail in original containers, not to be consumed upon the premises where sold. $150/year for each store Authorizes licensee who also holds a wine retailer reseller endorsement to sell wine at retail in original containers to retailers licensed to sell wine for consumption on the licensed premises for resale at their licensed premises, and to accept delivery of wine at the grocery store licensee's licensed premises or at one or more registered warehouse facilities from which it may deliver to its own licensed premises and certain other licensed premises, other registered facilities, or lawful purchasers outside of Washington. Additional $166 annual fee for each store Authorizes licensee to obtain an endorsement permitting the international export of beer and wine that is purchased from a beer or wine distributor licensed to do business in Washington. Additional $500 annual fee Authorizes licensee who holds a beer and wine tasting endorsement to offer beer and wine tastings under certain conditions Additional $200 annual fee Grocery Store License 39 Fee Citation Sec. 66.24.330, Revised Code of Washington Sec. 66.24.354, Revised Code of Washington Sec. 66.24.360, Revised Code of Washington Sec. 66.24.363, Revised Code of Washington Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine State Washington (cont.) License Primary Authorized Activities Fee Citation Beer and/or Wine Specialty Shop License Authorizes licensee to sell beer and/or wine at retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than the state liquor stores and to provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. $100/year for each store Sec. 66.24.371, Revised Code of Washington Beer and Wine Gift Delivery License Authorizes licensee to solicit, take orders for, sell, and deliver beer and/or wine in bottles and original packages, in conjunction with gifts or flowers, to persons other than the person placing the order. $75/year Sec. 66.24.550, Revised Code of Washington Requires licensee to be a business solely engaged in the sale or sale and delivery of gifts at retail which holds no other Washington alcohol-related license, or to be a person in the business of selling flowers or floral arrangements at retail. 40 The mission of the Texas Legislative Council is to provide professional, nonpartisan service and support to the Texas Legislature and legislative agencies. In every area of responsibility, we strive for quality and efficiency. This publication can be found at http://www.tlc.state.tx.us/policy.htm and http://capweb/RMD/rmd_index.html. If you have questions or comments regarding this publication, please contact the research division of the Texas Legislative Council by e-mail at [email protected]. 41
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