Wine packaging permit - limitations - rules.

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(1) (a) The state licensing authority may issue a wine packaging permit to a winery licensed under section 44-3-402, a limited winery licensed under section 44-3-403, or a wholesaler licensed under section 44-3-407 that allows the licensed winery, limited winery, or wholesaler to package tax-paid wine manufactured by another winery or manufacturer.

(b) A licensed winery, limited winery, or wholesaler that obtains a wine packaging permit under this section shall:

  1. Take possession and custody of the tax-paid wine that it packages; and

  2. Return the packaged tax-paid wine either to the original manufacturer of the tax-paidwine or to the original manufacturer's licensed wholesaler; except that, if the original manufacturer's wholesaler obtains a wine packaging permit pursuant to this section, the wholesaler need not return the packaged tax-paid wine to the original manufacturer.

(2) A licensed winery or limited winery that obtains a wine packaging permit pursuant to this section shall not sell or distribute tax-paid wine it packages:

  1. To a person licensed to sell alcohol beverages at retail, for consumption on or off thelicensed premises, under section 44-3-409, 44-3-410, 44-3-411, 44-3-412, 44-3-413, 44-3-414, 44-3-415, 44-3-416, 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-421, 44-3-422, 44-3-424, 443-426, or 44-3-428; or

  2. Directly to a consumer.

(3) The state licensing authority may adopt rules as necessary to implement and administer this section.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1028, § 2, effective October 1.

Editor's note: This section is similar to former § 12-47-423 as it existed prior to 2018.


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