HOUSE BILL No. 1528
DIGEST OF INTRODUCED BILL
; IC 7.1-4;
Synopsis: Direct shipment of wine. Provides that a primary source of
supply that is located outside Indiana may make a direct shipment of
wine to a person in Indiana who holds a wine connoisseur's permit if
the state where the primary source of supply is located allows an
Indiana primary source of supply to ship wine directly to a consumer
in that state. Requires the holder of a wine connoisseur's permit to pay
the excise tax on wine received by direct shipment.
Effective: July 1, 2003.
January 16, 2003, read first time and referred to Committee on Public Policy, Ethics and
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1528
A BILL FOR AN ACT to amend the Indiana Code concerning
alcoholic beverages and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-25; (03)IN1528.1.1. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 25. Wine Connoisseur's Permit
Sec. 1. A primary source of supply that is located outside
Indiana may ship, transport, or consign not more than twenty-four
(24) bottles of wine each month to a person in Indiana if the
following requirements are met:
(1) The person who orders and receives the direct wine
(A) holds a wine connoisseur's permit under this chapter;
(B) is at least twenty-one (21) years of age.
(2) The law of the state where the primary source of supply is
located allows an Indiana primary source of supply to ship
wine directly to a consumer located in that state.
Sec. 2. A person who holds a wine connoisseur's permit may
order or purchase wine in person, by mail, facsimile transmission
(fax), telephone, computer network (as defined in
or other device.
Sec. 3. The holder of a wine connoisseur's permit may receive
direct shipments of wine only for personal use and not for resale.
Sec. 4. (a) A person must submit an application to the
commission for a wine connoisseur's permit on a form prescribed
by the commission. The application must contain the following
(1) The name of the applicant.
(2) The applicant's home or business address.
(3) Proof that the applicant is at least twenty-one (21) years of
(4) Any other information required by the commission.
(b) A registration fee of twenty-five dollars ($25) shall be
submitted to the commission with the application.
Sec. 5. A wine connoisseur's permit remains in effect for one (1)
calendar year, including the day the permit is granted as set forth
Sec. 6. A holder of a wine connoisseur's permit may annually
renew the permit by submitting the following to the commission:
(1) An application for renewal on a form prescribed by the
(2) A renewal fee of fifteen dollars ($15).
Sec. 7. (a) The holder of a wine connoisseur's permit shall
annually report to the department of state revenue the dollar
amount of any wine purchases made under this chapter that were
shipped into Indiana from outside Indiana.
(b) The holder of the wine connoisseur's permit shall pay the
wine excise tax on the purchases reported under subsection (a).
Sec. 8. A primary source of supply who makes a direct shipment
to a person holding a wine connoisseur's permit under this chapter
shall ensure that a container of wine shipped directly to a resident
in Indiana is conspicuously labeled with the words: "CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY.".
Sec. 9. A person who violates this chapter is subject to the
penalties set forth in
Sec. 10. The commission may revoke a wine connoisseur's
permit for the failure to pay the excise taxes when required to do
so by this title. The action of the commission is final.
Sec. 11. The commission may adopt rules under
implement this chapter.
SOURCE: IC 7.1-4-4-3; (03)IN1528.1.2. -->
, AS AMENDED BY P.L.201-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3.
Persons Liable for Tax. The wine excise tax
shall be paid by the holder of a vintner's permit, a farm winery permit,
a wine wholesaler's permit, a dining car wine permit, or a boat wine
permit, or a wine connoisseur's permit on the alcoholic beverage to
which the tax is applicable and which has been manufactured or
imported by him the permit holder into this state. However, the same
article shall be taxed only once for wine excise tax purposes.
SOURCE: IC 7.1-4-6-1; (03)IN1528.1.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.
Commission and Department. The chairman and the department shall
have the power to examine the books, papers, records, and premises of
a manufacturer, wholesaler, retailer, or dealer, or holder of a wine
connoisseur's permit under this title for the purpose of determining
whether the excise taxes imposed by this title have been paid fully and
whether the provisions of the title are being complied with.
SOURCE: IC 7.1-4-7-1; (03)IN1528.1.4. -->
, AS AMENDED BY P.L.235-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1.
Collection of Annual License Fees. The
chairman shall collect the required annual license fee paid in
connection with the issuance of a brewer's permit, a beer wholesaler's
permit, a temporary beer permit, a dining car permit of any type, a boat
permit of any type, a distiller's permit, a rectifier's permit, a liquor
wholesaler's permit, a vintner's permit, a farm winery permit, a farm
winery brandy distiller's permit, a wine wholesaler's permit, a wine
connoisseur's permit, a wine bottler's permit, a temporary wine
permit, a salesman's permit, and a carrier's alcoholic permit.
SOURCE: IC 7.1-5-11-1.5; (03)IN1528.1.5. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.5. (a) It is unlawful
for a person in the business of selling alcoholic beverages in another
state or country to ship or cause to be shipped:
an alcoholic beverage directly to an Indiana resident who does
not hold a valid wholesaler permit under this title; or
(2) wine directly to an Indiana resident who does not hold a
wine connoisseur's permit under
This includes the ordering and selling of alcoholic beverages over a
computer network (as defined by
(b) Upon a determination by the commission that a person has
violated subsection (a), a wholesaler may not accept a shipment of
alcoholic beverages from the person for a period of up to one (1) year
as determined by the commission.
(c) The commission shall adopt rules under