HB220 By Representatives Nordgren, Butler, Martin, Davis, Sessions, Faust and Ball RFD Economic Development and Tourism Rd 1 10-MAR-15

SYNOPSIS: Under existing law, wine manufacturers are limited to selling table wine at retail for on-premises and off-premises consumption only on the premises of the manufacturing facility under the wine manufacturer's license.

This bill would extend the sale of wine by a wine manufacturer to three additional satellite tasting rooms located off the premises of the manufacturer and at not more than five special events per year for on-premises and off-premises consumption.

A BILL TO BE ENTITLED AN ACT

To amend Section 28-7-18, Code of Alabama 1975, relating to wine manufacturers; to extend the sale of wine to a limited number of satellite tasting rooms and special events for on-premises and off-premises consumption.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 28-7-18, Code of Alabama 1975, is amended to read as follows:

§28-7-18.

"(a) No manufacturer shall sell any table wine direct to any retailer or for consumption on the premises where sold, nor sell or deliver any such table wine in other than original containers, nor shall any manufacturer maintain or operate within this state any place or places, other than the place or places covered by his or its license where table wine is sold or where orders therefor are taken. Provided, further, that table wine which is manufactured in Alabama may be sold directly at retail by the licensed manufacturer only on the manufacturer's premises, at not more than three additional manufacturer tasting rooms located off the premises of the manufacturer, and at not more than five special events per year held off the premises of the manufacturer for on-premise on-premises or off-premise off-premises consumption.

"(b)(1) There is hereby levied and assessed, upon wine manufactured in Alabama and sold by the manufacturer directly at retail on the premises where it is manufactured, as provided in subsection (a), or dispensed, as free samples of not more than six ounces, in the tasting room or wine cellar on the manufacturer's premises, an excise tax, measured by and graduated in accordance with the volume of such wine sold or dispensed, in an amount equal to forty-five cents ($.45) per liter.

"(2) The tax hereby levied on retail sales on a manufacturer's premises shall be added to the sales price of all table wine sold at retail by the manufacturer, as provided in subsection (a), and shall be collected from the consumers making the purchases.

"(c) The tax levied by subsection (b) shall be collected by a return and remitted, monthly, as follows:

"(1) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the board, on a form and in the manner prescribed by the board, a return showing taxes due at thirty-eight cents ($.38) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the board along with the return.

"(2) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the municipality within which the table wine was dispensed or sold at retail within its corporate limits, or, where dispensed or sold at retail outside of the corporate limits of any municipality, with the county within which the table wine was dispensed or sold at retail, a return showing taxes at seven cents ($.07) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the county or municipality along with the return.

"(3) All taxes imposed, levied, and collected under this section shall be deposited and credited in the same manner as are other table wine taxes.

"(d) Manufacturers who manufacture table wine within Alabama shall provide to the board monthly reports, in the form, time, and manner prescribed by the board, reporting gallonage sold and gallonage exported for sale outside the state during the previous month.

"(e) The tax herein levied is exclusive and shall be in lieu of all other and additional taxes of the state, county, and municipality imposed on or measured by the sale or volume of sale of table wine; provided that nothing herein contained shall be construed to exempt the retail sale of table wine from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Alcoholic Beverages

Wine

Business and Commerce

Licenses and Licensing

Code Amended