Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1088

BY: Representative Lamar

AMEND on line 96 by inserting "(a)" before the word "An"

AMEND further on line 102 by inserting the following after the period:

"Package retailers may charge a service fee for receiving and handling shipment from wineries on behalf of the purchasers."

AMEND further by inserting the following after line 106:

"(b)  The purchaser of wine that is to be shipped to a package retailer's store shall be required to get the prior approval of the package retailer before any wine is shipped to the package retailer.  A purchaser is limited to no more than ten (10) cases of wine per year to be shipped to a package retailer.  A package retailer shall notify a purchaser of wine within two (2) days after receiving the shipment of the wine.  If the purchaser of the wine does not pick up or take the wine from the package retailer within thirty (30) days after being notified by the package retailer, the package retailer may sell the wine as part of his inventory.

(c)  Wine directly shipped under this section may only be delivered by a delivery agent who has obtained a Wine Delivery Permit.  Any delivery agent may apply for the Wine Delivery Permit by filing an application on a form as prescribed by the commissioner.  Any delivery agent that transports wine within this state without a valid Wine Delivery Permit will be subject to applicable criminal charges and will be ineligible to receive a Wine Delivery Permit for a year. There is no fee for the permit; however, as a condition of the permit wine delivery agents are required to maintain records of wine shipments including the permit number and name of the winery, quantity of wine shipped, recipients name and address, and an electronic or paper form of signature from the recipient of the wine.  Shipment records shall be submitted in electronic format to the department annually on or before February 25 of each year.  Failure to provide information or failure of the delivery agent to check the age of a recipient shall be cause for revocation of the permit."