Regulation of Wine in Selected States

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.
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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.
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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.
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In every area of responsibility,
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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
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