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+--- Thread: MA Shipping Bill (/thread-2867.html)
- Glass_A_Day - 11-18-2002
If anyone else is from MA on this board, here is the bill that just got shot down and is up again next session. Keep your fingers crossed. Bill H1580 :
(1) Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in any other state as a wine producer, supplier, importer, wholesaler, distributor or retailer who obtains an out-of-state shipper's license, as provided below, may ship up to twenty-four (24) bottles per month of any alcoholic beverage directly to a resident who is at least 21 years of age for such resident's personal use and not for resale.
(2) Before sending any shipment to a resident the out-of-state shipper must
first:
(a) File an application with the Commission;
(b) Pay a one hundred dollar ($100) registration fee;
(c) Provide to the Commission a true copy of its current alcoholic beverage license issued in another state; and
(d) Obtain from the Commission an out-of-state license.
(3) All out-of-state shipper licensees shall:
(a) Not ship more than twenty-four (24) bottles per month to any person;
(b) Ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words "SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY."
(c) Report to the Commission annually the total of wine shipped into the state the preceding calendar year.
(d) Annually pay to the Department of Revenue all sales taxes due or sales to residents in the preceding calendar year, the amount of such taxes to be calculated as if the sale were at the location where delivery is made.
(e) Permit the Commission or the Department of Revenue to perform an audit of the out-of-state shipper's records upon request.
(f) Be deemed to have consented to the jurisdiction of the Commission or any other state agency and courts concerning enforcement of this section and any related laws, rules or regulations.
(4) The out-of-state shipper may annually renew its license with the Commission by paying a one hundred dollar ($100) renewal fee and providing the department a true copy of its current alcoholic beverage license issued in another state.
(5) The Commission and the Department of Revenue may promulgate rules and regulations to effectuate the purposes of this action.
(6) The Commission may enforce the requirements of this section by administrative proceedings to suspend or revoke an out-of-state shipper's license, and the department may accept payment of a fine or an offer in compromise in lieu of suspension, such payments to be determined by rules promulgated by the department.
(7) Shipments of wine from out-of-state direct to consumers from persons who do not possess a current out-of-state shipper's license or other permit or license from the Commission are prohibited. Any person who knowingly makes, participates in, transports, imports or receives such a shipment from out-of-state commits a deceptive trade practice as defined in chapter 93A.
SECTION 2. This Act shall take effect upon passage
- Botafogo - 11-18-2002
By my understanding the following is unconstitutional:
(d) Annually pay to the Department of Revenue all sales taxes due or sales to residents in the preceding calendar year, the amount of such taxes to be calculated as if the sale were at the location where delivery is made.
Sales taxes are NOT applicable on interstate sales, period.
Roberto
- Kcwhippet - 11-19-2002
Roberto,
It really doesn't matter here, because direct shipping legislation is destined to be DOA for the forseeable future. WSWA and its local members have got a stranglehold on our legislators. There actually is a regulation on the books that allows a consumer to purchase a permit to allow direct shipping outside the three tier system. The problem is the MA ABCC refuses to issue any and also refuses to give any reason why they won't issue the permits. I've tried a number of times over the past ten years and been shot down every time.
- Glass_A_Day - 11-19-2002
So KC, you think the bill is dead in the water huh? How frustrating. I guess I'll just have to order from those places who "forget" about the rules when I want somthing differnet.
- Thomas - 11-19-2002
If that is the contents of the bill they ought to pass it. It won't work anyway, and they will appear to have done something good. Why would any producer want to pay an annual $100 and then go through all the other paperwork and filings just to sell 24 cases of wine each year via mail to MA?
The sales tax portion of it, as Roberto says, is not valid, and if it were to go through all other mailorder sales would be up for law suits for sales tax evasion.
That bill is complete nonsense, and it still keeps it criminal for someone living in Vermont to send his mother a case of wine in MA.
[This message has been edited by foodie (edited 11-19-2002).]
- Glass_A_Day - 11-19-2002
Well, it would be 24 cases to each person, not altogether. If enough people order it would be worth it for them. I don't know, anything is better than nothing.
- Thomas - 11-19-2002
Oh, I missed that--makes a little more sense. Now I know it won't get through.
[This message has been edited by foodie (edited 11-19-2002).]