Regulation of in Selected States

Prepared by the Research Division of the Texas Legislative Council

Published by the Texas Legislative Council P.O. Box 12128 Austin, Texas 78711-2128

Lieutenant Governor David Dewhurst, Joint Chair Speaker Joe Straus, Joint Chair Debbie Irvine, Executive Director December 2012 Explanation of Table

This publication, prepared at the request of Senator John Carona, Chair, Senate Committee on Business and Commerce, provides information regarding permits and licenses required for producing, bottling, shipping, selling, and serving wine in , , Missouri, New Jersey, New York, Oregon, Texas, Virginia, and . These nine states were selected based on the 2011 Summary of the United States Wine Industry report by the U.S. Department of Commerce.

The following table provides, by state, the name of the license or permit (column 2), the relevant activities authorized under the license or permit (column 3), the license or permit fee (most often an annual payment, column 4), and citations of the relevant state statutes and policies. The applicable provisions are summarized in the table, and the full text of each provision may be viewed by selecting the hyperlinked citation. Most license and permit fees are defined in statute. For other license and permit fees, such information was provided by the state's regulatory authority for alcoholic beverage licenses. For some licenses and permits, column 2 includes certain requirements for operating under the license or permit. For example, California requires the holder of a winegrower's license to actually produce on the licensed premises not less than 50 percent of all sold to consumers on the licensed premises and any licensed branch premises by conversion of grapes, berries, or other fruits. However, this type of requirement is included in the table only if it is specified in the provision delineating the activities authorized under the license or permit.

The table includes licenses and permits specific to wine only or beer and wine only. The table does not include licenses and permits that regulate liquor only or liquor in conjunction with beer or wine. The authorized activities listed for each license and permit are limited to those related to producing, bottling, shipping, selling, and serving wine and are not an exhaustive list of all activities authorized under the license or permit. Also, the table does not include wine-related licenses and permits that are temporary or issued for a limited purpose. Michigan, New Jersey, New York, Texas, and Washington each issue a license or permit, as applicable, that authorizes the licensee to conduct activities other than those authorized by the general license if the licensee pays an additional annual fee and meets certain other requirements. For example, a maker licensee is authorized, under certain conditions, to conduct tastings of wines made by the licensee and to sell the wine for off-premises consumption for an additional fee of $100 per location.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

California Winegrower's License Authorizes licensee to become a manufacturer or Fee is computed only on California Business and producer of wine and to package, rectify, mix, flavor, the gallons produced: Professions Code, Sec. 23356

color, label, and export wine whether manufactured or • 5,000 gallons or California Business and Requires licensee to produced by the licensee or any other person. Professions Code, Sec. actually produce on the less/year = $54 Authorizes licensee to sell wine as packaged by or for 23356.1 licensed premises by • the licensee only to persons holding wholesaler's, Over 5,000 gallons to conversion of grapes, California Business and manufacturer's, winegrower's, manufacturer's agent's, 20,000 gallons/year berries, or other fruits, Professions Code, Sec. 23358 or rectifier's licenses authorizing the sale of wine and = $99 into wine, not less than to persons who take delivery of such wine within California Business and 50 percent of all wines • Over 20,000 to California for delivery or use outside of California. Professions Code, Sec. 23359 sold to consumers on the 100,000 gallons/year licensed premises and any Authorizes licensee to conduct wine tastings of wine = $180 Fee: California Business and licensed branch premises. produced or bottled by, or produced and packaged for, • Over 100,000 to Professions Code, Sec. 23320 the licensee either on or off the winegrower's premises 200,000 gallons/year under certain conditions. = $237 Authorizes licensee to: sell wine and brandy to any • Over 200,000 gallons person holding a license authorizing the sale of wine to 1,000,000 or brandy; sell wine and brandy to consumers for gallons/year = $351 consumption off the premises where sold; sell wine to consumers for consumption on the premises; sell all • For each 1,000,000 beers, wines, and brandies, regardless of source, to gallons or fraction consumers for consumption on the premises in a bona thereof over 1,000,000 fide eating place which is located on the licensed gallons/year = $229 premises or on premises owned by the licensee that are contiguous to the licensed premises and which is operated by and for the licensee; produce spirits of wine and blend those spirits into wine produced by the winegrower or sell those spirits to an industrial alcohol dealer; and to have upon the premises all beers, wines, and brandies, regardless of source, for sale or service only to guests during private events and private functions not open to the general public.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

California Winegrower's License Authorizes licensee to manufacture grape brandy to be (cont.) (cont.) used exclusively in the production of wine by the licensee on the licensed premises and also to sell grape brandy to licensed wine growers to be used exclusively in the production of wine.

Wine Blender's License Authorizes licensee to exercise all of the privileges of Fee is computed only on California Business and a winegrower's license except: to crush and ferment the gallons blended: Professions Code, Sec. and produce wine from grapes, berries, or other fruits; 23356.5 • 5,000 gallons or to obtain or be issued a duplicate winegrower's less/year = $54 Fee: California Business and license; to buy, sell, receive, or deliver wine from Professions Code, Sec. 23320 persons other than authorized licensees; to sell and • Over 5,000 gallons to deliver wine to consumers for consumption off the 20,000 gallons/year premises where sold; and to exercise certain on-sale = $99 privileges as provided by state law. • Over 20,000 to 100,000 gallons/year = $180 • Over 100,000 to 200,000 gallons/year = $237 • Over 200,000 gallons to 1,000,000 gallons/year = $351 • For each 1,000,000 gallons or fraction thereof over 1,000,000 gallons/year = $229 Wine Rectifier's License Authorizes licensee to cut, blend, rectify, mix, flavor, $384/year California Business and or color wine and whether so processed by the Professions Code, Sec. 23372 licensee, or any other person, to package, label, Fee: California Business and export, and sell the products to persons holding Professions Code, Sec. 23320 licenses authorizing the sale of wine.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

California California Winegrower's Authorizes licensee to: possess wine produced in and $384/year California Business and (cont.) Agent's License brandy distilled in California in public or private Professions Code, Sec. 23373 warehouses; sell to wholesalers for the licensee's own California Business and account or conduct the solicitation of and sale to Professions Code, Sec. wholesalers for the account of a licensed winegrower 23373.4 of wine that was produced in California and brandy that was distilled in California; invoice and collect on Fee: California Business and behalf of a winegrower payments for orders solicited Professions Code, Sec. 23320 by the agent; and perform or furnish on behalf of the winegrower for which the licensee is an agent, certain services which the winegrower is authorized to perform or furnish under state law. Authorizes licensee to furnish samples, produce and distribute wine lists, produce and furnish advertising material, retailers' advertising specialties and consumer advertising specialties, with respect to the wine or brandy the licensee distributed as an agent for a winegrower or brandy manufacturer so authorized.

Beer and Wine Importer's Authorizes licensee to become an importer of beer or $256/year California Business and General License wine and to sell beer or wine subject to state tax to Professions Code, Sec. beer manufacturer's, winegrower's, beer and wine 23374.6 wholesaler's, wine rectifier's, and beer and wine Fee: California Business and importer's general licensees. Professions Code, Sec. 23320

Wine Broker's License Authorizes licensee to act as a wine broker, for a fee $78/year California Business and or commission, in the purchase of wine for or on Professions Code, Sec. 23377 behalf of a person within or outside of California Fee: California Business and authorized to buy wine for purposes of resale and in Professions Code, Sec. 23320 the sale of wine for or on behalf of a person, other than a retail licensee, licensed to sell wine in California.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

California Beer and Wine Authorizes licensee to label, bottle, and package wine $256/year California Business and (cont.) Wholesaler's License but does not authorize the licensee to sell or deliver Professions Code, Sec. 23379 wine to consumers in containers supplied, furnished, Fee: California Business and or sold by the consumer. Professions Code, Sec. 23320

Retail Package Off-Sale Authorizes licensee to sell, to consumers only and not $209/year California Business and Beer and Wine License for resale, beer in containers, and wine in packages Professions Code, Sec. 23393 and in quantities of 52 gallons or less per sale, for Fee: California Business and consumption off the premises where sold. Professions Code, Sec. 23320

Limited Off-Sale Retail Authorizes licensee to sell wine to consumers and not $209/year California Business and Wine License for resale, in packages or quantities of 52 gallons or Professions Code, Sec. less per sale, for consumption off the premises where 23393.5 sold, if all of the following conditions are met: sales Fee: California Business and are restricted to those solicited and accepted via direct Professions Code, Sec. 23320 mail, telephone, or the Internet; sales are not conducted from a retail premises open to the public; the licensee takes possession of and title to all wine sold by the licensee; and all wine sold by the licensee is delivered to the purchaser from the licensed premises or from a licensed public warehouse.

On Sale Beer and Wine‒ Authorizes licensee to sell beer and wine for $290/year California Business and Bona Fide Public Eating consumption on or off the premises where sold, Professions Code, Sec. 23396 Place License provided the licensed premises is operated and California Department of (Restaurant) maintained as a bona fide eating place and maintains Alcoholic Beverage Control - suitable kitchen facilities and actual and substantial - Common ABC License sales of meals for consumption on the premises. Types and Their Basic Privileges Fee: California Business and Professions Code, Sec. 23320

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

California On Sale Beer and Wine‒ Authorizes licensee to sell beer and wine for $215/year California Business and (cont.) Public Premises (Bar, consumption on or off the premises where sold. Food Professions Code, Sec. 23396 Tavern) service is not required. California Department of Alcoholic Beverage Control - - Common ABC License Types and Their Basic Privileges Fee: California Business and Professions Code, Sec. 23320

Michigan Wine Maker License Authorizes licensee to manufacture wine and to sell $100/year Sec. 436.1113(9), Michigan that wine to a wholesaler, to a consumer by direct Compiled Laws

shipment, at retail on the licensed premises, Sec. 436.1537, Michigan and to a retailer. Compiled Laws Authorizes licensee to sell wine made by the licensee Fee: Sec. 436.1525, Michigan in a restaurant for consumption on or off the premises Compiled Laws if the restaurant is owned by the licensee or operated by another person under an agreement approved by the Michigan Liquor Control Commission and located on the licensed premises.

Authorizes licensee who does not hold a license for consumption of alcoholic liquor on the premises at the same licensed address to conduct free wine tastings on the licensed premises of a specially designated merchant under certain conditions, including obtaining an annual beer and permit approved by the commission.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Michigan Wine Maker License Authorizes licensee, with the prior written approval of Additional $100/location (cont.) (cont.) the commission, to conduct wine tastings of wines made by the licensee, for a charge, on the premises where the wine maker is licensed to manufacture wine, and to conduct wine tastings of wines made by the licensee and sell that wine for consumption at a location other than the licensed manufacturing premises, under certain conditions.

Small Wine Maker Authorizes licensee to conduct the same activities as a $25/year Sec. 436.1111(10), Michigan License wine maker licensee, except applies the 50,000 Compiled Laws gallons/year limit. Sec. 436.1113(9), Michigan Compiled Laws Small wine maker means a wine maker Sec. 436.1537, Michigan manufacturing or bottling Compiled Laws not more than 50,000 Fee: Sec. 436.1525, Michigan gallons of wine in one Compiled Laws calendar year.

Outstate Seller of Wine Authorizes licensee to sell wine which has not been $300/year Sec. 436.1109(10), Michigan License manufactured in Michigan to a wholesaler in Compiled Laws Michigan. Sec. 436.1537, Michigan Authorizes licensee who does not hold a license for Compiled Laws consumption of alcoholic liquor on the premises at the Fee: Sec. 436.1525, Michigan same licensed address to conduct free wine tastings on Compiled Laws the licensed premises of a specially designated merchant under certain conditions, including obtaining an annual beer and wine tasting permit approved by the commission.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Michigan Tavern License Authorizes licensee to sell at retail beer and wine for $250/year Sec. 436.1113(1), Michigan (cont.) consumption on the premises only. Compiled Laws Fee: Sec. 436.1525, Michigan Compiled Laws

Direct Shipper License Authorizes licensee to sell, deliver, or import not more $100/year Sec. 436.1203, Michigan than 13,500 liters of wine per calendar year that the Compiled Laws

licensee both produces and bottles to consumers in Only a licensed wine Michigan, or wine that is manufactured by a wine maker and a wine maker for another wine maker and that is transacted or producer and bottler caused to be transacted by means of any mail order, located inside the U.S. Internet, telephone, computer, device, or other but outside of Michigan electronic means, or sold directly to a consumer on the holding both a federal winery premises. basic permit issued by the alcohol and tobacco tax and trade bureau and a license to manufacture wine in its state of domicile qualify to hold a direct shipper license.

Wine Auction License Authorizes licensee to sell wine by auction, provided $50,000/year Sec. 436.2031, Michigan that: the wine is sold by a person licensed as a Compiled Laws specially designated merchant or through a seller Fee: Sec. 436.1525, Michigan partnering with a specially designated merchant, as Compiled Laws evidenced by a written agreement of the parties; the owner of the wine is not licensed by the commission; the wine is part of a private collection owned by a person not licensed by the commission; and the merchant ensures that each bottle sold has a permanently affixed tag or label stating that the wine was acquired from a private collection.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Missouri Vintage Wine Solicitor Authorizes licensee to sell to duly licensed $500/year Sec. 311.180, Subsec. 1(10), License wholesalers and solicit orders for the sale of vintage Revised Statutes of to, by, or through a duly licensed wholesaler within Missouri.

Wine Direct Shipper Authorizes any person currently licensed in Missouri No fee Sec. 311.185, Revised License or any other state as a wine manufacturer to ship up to Statutes of Missouri two cases per month of wine manufactured on the winery premises directly to a Missouri resident for such resident's personal use and not for resale.

Alcohol Carrier License Authorizes a carrier to transport and deliver shipments No fee Sec. 311.185, Revised of wine directly to a Missouri resident. Statutes of Missouri

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Missouri Wine or Brandy Authorizes licensee to manufacture wine or brandy in $5 for each 500 gallons or Sec. 311.190, Revised (cont.) Manufacturer's License quantities not to exceed 500,000 gallons, and not in fraction thereof of wine Statutes of Missouri excess of 18 percent of alcohol by weight for wine produced with a maximum

and 34 percent of alcohol by weight for brandy, from license fee of $300/year grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in Missouri, exclusive of sugar, water, and spirits, with certain exceptions. Authorizes licensee to: purchase and sell bulk or packaged wines received from other licensed manufacturers; purchase in bulk, bottle, and sell to duly licensed , wholesalers, and retail dealers; offer samples of wine; sell wine and brandy in its original package directly to consumers at the winery; and open wine so purchased by customers to be consumed on the winery premises.

Vintage Wine Auction Authorizes licensee, who must be licensed in Missouri $500/year Sec. 311.191, Revised License as an auctioneer and regularly conducting business as Statutes of Missouri an auctioneer at a fixed location in Missouri within a city in a county of the first classification with a charter form of government, to conduct auctions that sell vintage wine from a private collection. Authorizes licensee to hold vintage wine tastings on the auction premises within the period of 24 hours immediately preceding the start of the auction.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New Jersey Plenary Winery License Entitles licensee to: produce any fermented wines; $938/year Sec. 33:1-10, New Jersey blend, fortify, and treat wines; sell and distribute the Statutes

licensee's products to licensed wholesalers and to Requires licensee to churches for religious purposes; sell and distribute to engage in growing and any persons outside of New Jersey pursuant to the cultivating grapes or fruit laws of those places of such sale and distribution; used in the production of maintain a warehouse; sell the licensee's products at wine on at least three retail to consumers on the licensed premises of the acres on, or adjacent to, winery for consumption on or off the premises; and the winery premises. offer samples not exceeding one and one-half ounces of any wine gratuitously or for a nominal charge for sampling purposes only. Authorizes a licensee who produces not more than 250,000 gallons per year to annually ship not more than 12 cases, each containing a maximum of 9 liters of wine, to any person within or outside of New Jersey over 21 years of age for personal consumption and not for resale.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New Jersey Plenary Winery License Authorizes licensee who produces not more than Additional annual fee is (cont.) (cont.) 250,000 gallons per year to sell and distribute the based on gallons licensee's products to licensed retailers and prohibits manufactured: the licensee from using a common carrier for such • More than 150,000 distribution. gallons, but not in excess of 250,000 gallons/year = $1,000 • More than 100,000 gallons, but not in excess of 150,000 gallons/year = $500 • More than 50,000 gallons, but not in excess of 100,000 gallons/year = $250 • 50,000 gallons or less/year = $100

Authorizes licensee who produces not more than $250/year for each 250,000 gallons per year to sell such wine at retail in salesroom original packages in 15 salesrooms apart from the

winery premises for consumption on or off the premises and for sampling purposes for consumption on the premises

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New Jersey Farm Winery License Entitles licensee to: manufacture any fermented wines Additional annual fee is Sec. 33:1-10, New Jersey (cont.) and fruit juices in a quantity expressed in the license, based on gallons Statutes

but not in excess of 50,000 gallons per year; sell and manufactured:

Requires winery to be distribute the licensee's products to licensed • Between 30,000 and located and constructed wholesalers and retailers and to churches for religious 50,000 gallons per on a tract of land purposes; sell and distribute to any persons outside of annum = $375/year exclusively under the New Jersey pursuant to the laws of the places of such licensee's control, sale and distribution; maintain a warehouse; sell at • Between 2,500 and provided that the licensee retail to consumers for consumption on or off the 30,000 gallons per is actively engaged in licensed premises; and offer samples not exceeding annum = $250/year growing and cultivating one and one-half ounces of any wine gratuitously or • an area of not less than for a nominal charge for sampling purposes only. Between 1,000 and three acres on or adjacent 2,500 gallons per Authorizes licensee to annually ship not more than 12 to the winery premises annum = $125/year cases, each containing a maximum of 9 liters of wine, and on which are growing to any person within or outside of New Jersey over 21 • Less than 1,000 grape vines or fruit to be years of age for personal consumption and not for gallons per annum processed into wine or resale. = $63/year fruit juice. Requires, for the first five years of the winery's operation, fermented wines and fruit Authorizes licensee to sell and distribute the licensee's Additional $100/year juices to be manufactured products to licensed retailers and prohibits the licensee from at least 51 percent from using a common carrier for such distribution. grapes or fruit grown in New Jersey and thereafter Authorizes licensee to sell the licensee's products in $250/year for each manufactured from original packages at retail to consumers in 15 salesroom grapes or fruit grown in salesrooms apart from the winery premises for New Jersey at least to the consumption on or off the premises, and for sampling extent required for purposes for consumption on the premises. labeling as "" under the applicable federal laws and regulations.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New Jersey Wine Blending License Entitles licensee to blend, treat, mix, and bottle $625/year Sec. 33:1-10, New Jersey (cont.) fermented wines and fruit juices with nonalcoholic Statutes

beverages, to sell and distribute the licensee's products

to licensed wholesalers and retailers, to sell and distribute to any persons outside of New Jersey pursuant to the laws of those places of such sale and distribution, and to maintain a warehouse.

Out-of-State Winery Authorizes licensee to annually ship not more than 12 $938/year Sec. 33:1-10, New Jersey License cases, each containing a maximum of 9 liters of wine, Statutes

to any person within or outside of New Jersey over 21

years of age for personal consumption and not for Only applicable to the resale. holder of a valid winery license issued in a state Authorizes licensee to sell and distribute the licensee's $250/year for each other than New Jersey products to licensed wholesalers in New Jersey and to salesroom who produces not more sell such wine at retail in original packages in 16 than 250,000 gallons of salesrooms apart from the winery premises for wine per year. consumption on or off the premises.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New Jersey Out-of-State Winery Authorizes licensee to sell and distribute the licensee's Additional annual fee is (cont.) License products to licensed retailers and prohibits the licensee based on gallons (cont.) from using a common carrier for such distribution. manufactured: • More than 150,000 gallons, but not in excess of 250,000 gallons/year = $1,000 • More than 100,000 gallons, but not in excess of 150,000 gallons/year = $500 • More than 50,000 gallons, but not in excess of 100,000 gallons/year = $250 • 50,000 gallons or less/year = $100

Wine Wholesale License Entitles licensee to: sell and distribute any naturally $3,750/year Sec. 33:1-11, New Jersey fermented, treated, blended, fortified, and sparkling Statutes

wines to licensed retailers and wholesalers; sell and distribute to any persons outside of New Jersey pursuant to the laws of those places of such sale and distribution; and maintain a warehouse and salesroom, provided that the delivery of such wines by the licensee to licensed retailers is from inventory in a warehouse located in New Jersey which is operated under a wine wholesale license.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Winery License Authorizes licensee to: operate a winery for the $625/year New York Alcoholic manufacture of wine at the licensed premises; receive Beverage Control Law,

and possess wine from other states consigned to a U.S. Sec. 76 government bonded winery, warehouse, or storeroom Fee: New York Alcoholic located within New York; sell in bulk from the Beverage Control Law, licensed premises the products manufactured under Sec. 83 such license and wine received by such licensee from any other state to any winery licensee, any distiller licensee, or to a permittee engaged in the manufacture of products which are unfit for beverage use and sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery; and sell from the licensed premises to a licensed wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, wine manufactured or received by the licensee in the original sealed containers of not more than 15 gallons each and sell or deliver such wine to persons outside of New York pursuant to the laws of the place of such sale or delivery. Effective January 14, 2013, authorizes licensee to sell from the licensed premises to licensed farm wineries and farm breweries New York state labeled wine manufactured by the licensee in the original sealed containers of not more than 15 gallons each.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Winery License Authorizes licensee to conduct wine tastings of New (cont.) (cont.) York state labeled wines, gratuitously or for a fee, in an establishment holding a certain license authorizing the retail sale of wine or liquor for off-premises consumption and in an establishment holding a license authorizing such sale for consumption on the premises. Authorizes licensee to sell such wine by the bottle, during the tastings, for off-premises consumption at certain events sponsored by a bona fide charitable organization within specified hours. Authorizes licensee to apply for a permit to sell wine produced by the winery by the bottle during such tastings in an establishment holding a certain license authorizing the retail sale of wine or liquor for consumption on the premises. Authorizes licensee to apply for a license to sell wine at retail for consumption on the premises. Authorizes licensee to engage in what is commonly known as wine by wire services whereby a winery within New York may make deliveries on behalf of other wineries within New York. Authorizes licensee to sell or deliver wine produced by the winery to persons outside of New York pursuant to the laws of the place of such sale or delivery. Authorizes licensee to store and sell gift items which may include New York state labeled wine produced or manufactured by any other New York state winery or farm winery licensee.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Winery License Authorizes licensee to engage in custom wine (cont.) (cont.) production allowing individuals to assist in the production of wine for sale for personal or family use, provided that the wine is purchased by the individual assisting in the production and the owner, employee, or agent of such winery is present at all times during the production.

Authorizes licensee to apply for a license to sell New Additional $500/year for York state labeled wine at retail for consumption off retail premises located in a the premises, under certain conditions. city with a population of one million or more Additional $250/year for premises located in a city with less than one million in population but more than 100,000 Additional $125/year for premises located elsewhere

Authorizes licensee to sell wine at retail in sealed Additional $125/year containers to a regularly organized church, synagogue, or religious organization for sacramental purposes, and to a householder for consumption in the householder's home.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Farm Winery License Authorizes licensee to: operate a farm winery for the $125/year New York Alcoholic (cont.) manufacture of wine or cider at the premises Beverage Control Law, $50/year for a farm winery specifically designated in the license; sell in bulk Sec. 76-a manufacturing no more Prohibits licensed farm from the licensed premises the products manufactured than 1,500 finished gallons Fee: New York Alcoholic winery from under the license to any winery licensee, any other of wine annually Beverage Control Law, manufacturing or selling farm winery licensee, any distiller licensee, or to a Sec. 83 any wine not produced permittee engaged in the manufacture of products exclusively from grapes which are unfit for beverage use; sell or deliver such or other fruits or wine to persons outside of New York pursuant to the agricultural products laws of the place of such sale or delivery; and sell grown or produced in from the licensed premises to a licensed wholesaler or New York with certain retailer, or to a corporation operating railroad cars or exceptions, and prohibits aircraft for consumption on such carriers, or at retail the manufacture of more for consumption off the premises, wine or cider than 100,000 finished manufactured by the licensee and to sell or deliver gallons of wine annually. such wine or cider to persons outside of New York pursuant to the laws of the place of such sale or delivery. Effective January 14, 2013, authorizes licensee to sell from the licensed premises to a licensed winery, farm distiller, and farm brewery wine or cider manufactured by the licensee at the licensed premises. Authorizes licensee to sell cider and wine at retail for consumption on or off the premises and to sell wine at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast, or hotel business owned and operated by the licensee in or adjacent to the licensed farm winery.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Farm Winery License Authorizes licensee to conduct wine tastings of New (cont.) (cont.) York state labeled wines, gratuitously or for a fee, in an establishment holding a certain license authorizing the retail sale of wine or liquor for off-premises consumption and in an establishment holding a license authorizing such sale for consumption on the premises. Authorizes licensee to sell such wine by the bottle, during the tastings, for off-premises consumption at certain events sponsored by a bona fide charitable organization within specified hours. Authorizes licensee to apply for a permit to sell wine produced by the farm winery by the bottle during such tastings in an establishment holding a certain license authorizing the retail sale of wine or liquor for consumption on the premises. Authorizes licensee to store and sell gift items that include New York state labeled wine or liquors produced or manufactured by any other New York state winery or farm winery licensee or by the holder of certain distiller's licenses. Authorizes licensee to offer for sale or solicit any order in New York for the sale of any New York state labeled wine manufactured by the licensee or any other licensed winery or farm winery. Authorizes licensee to engage as a broker in the purchase and sale of New York state labeled wines for a fee or commission for or on behalf of any licensed winery or farm winery in New York.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Farm Winery License Authorizes licensee to deliver, transport, and sell any (cont.) (cont.) New York state labeled wine manufactured or produced by the licensee or any other licensed winery or farm winery in New York to any holder of a winery or farm winery license or a license to sell alcoholic beverages for consumption on or off the premises, or any person that can receive or purchase wine from a farm winery. Authorizes licensee to engage in custom wine production allowing individuals to assist in the production of wine for sale for personal or family use, provided that the wine is purchased by the individual assisting in the production and the owner, employee, or agent of such winery is present at all times during production.

Special Winery License Authorizes licensee to operate a special winery on the $625/year New York Alcoholic premises of an existing winery and to engage in the Beverage Control Law,

same authorized activities as a winery licensee. Laws Sec. 76-c relating to a winery license also apply to a special New York Alcoholic winery license. Beverage Control Law, Sec. 76 Fee: New York Alcoholic Beverage Control Law, Sec. 83

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Special Farm Winery Authorizes licensee to operate a special farm winery $125/year New York Alcoholic (cont.) License on the premises of an existing farm winery and to Beverage Control Law,

engage in the same activities as a farm winery Sec. 76-d

licensee. Laws relating to a farm winery license also New York Alcoholic apply to a special farm winery license. Beverage Control Law, Sec. 76-a Fee: New York Alcoholic Beverage Control Law, Sec. 83

Temporary Winery or Authorizes permittee to operate a winery, farm $125 for a six-month New York Alcoholic Farm Winery Permit winery, special winery, or special farm winery for the permit Beverage Control Law, manufacture and sale of wine at the premises Sec. 76-b $50 for each additional specifically designated in the permit and to conduct three-month extension New York Alcoholic any of the activities permitted in laws relating to those Beverage Control Law, respective wineries for six months while the permittee Sec. 76 has a permanent license application pending before the New York State Liquor Authority. Authorizes the New York Alcoholic extension of a temporary permit for an additional Beverage Control Law, three months or until the permittee is issued a Sec. 76-a permanent license with additional three-month New York Alcoholic extensions as necessary. Beverage Control Law, Sec. 76-c New York Alcoholic Beverage Control Law, Sec. 76-d Fee: New York Alcoholic Beverage Control Law, Sec. 83

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Wholesaler's Wine Authorizes licensee to sell wine at wholesale in the $800/year New York Alcoholic (cont.) License original sealed containers of not more than 15 gallons Beverage Control Law,

each to duly licensed manufacturers, wholesalers, Sec. 78 retailers, and permittees in New York and to sell or Fee: New York Alcoholic deliver such wine to persons outside of New York Beverage Control Law, pursuant to the laws of the place of such sale or Sec. 83 delivery.

Seven Day License to Authorizes licensee to sell wine at retail for off- $640/year for premises New York Alcoholic Sell Wine at Retail for premises consumption under certain conditions and to located in a city with a Beverage Control Law, Consumption off the conduct wine tastings on the licensed premises. population of one million Sec. 79 Premises or more New York Alcoholic $320/year for premises Beverage Control Law, located in a city with a Sec. 80 population less than one Fee: New York Alcoholic million and more than Beverage Control Law, 100,000 Sec. 83 $145/year for premises located elsewhere

License to Sell Wine at Authorizes licensee to sell wine, beer, and soju at $480/year for premises New York Alcoholic Retail for Consumption retail to be consumed on certain premises licensed to located in a city with a Beverage Control Law, on the Premises sell liquor at retail for on-premises consumption and population of 100,000 or Sec. 81 in certain other places where food is prepared and more Fee: New York Alcoholic served for consumption on the premises and where $240/year for premises Beverage Control Law, wine is not the prime source of revenue from the located elsewhere Sec. 83 operation of such premises.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

New York Special License to Sell Authorizes licensee to sell wine and beer to be $576/year for premises New York Alcoholic (cont.) Wine at Retail for consumed on certain premises licensed to sell liquor at located in a city with a Beverage Control Law, Consumption on the retail for on-premises consumption and in certain population of 100,000 or Sec. 81-a Premises other places where food is prepared and served for more Fee: New York Alcoholic consumption on the premises and where wine is not $270/year for premises Beverage Control Law, the prime source of revenue from the operation of located elsewhere Sec. 83 such premises. Requires the licensed premises to regularly keep food available for sale to customers for consumption on the premises. Other requirements regarding the principal business of the licensed premises apply.

Oregon Limited On-Premises Authorizes licensee to: sell wine, malt beverages, and $200/year Oregon Revised Statutes Sales License cider by the drink at retail for consumption on the 471.178 licensed premises; sell malt beverages in factory- Fee: Oregon Revised Statutes sealed containers holding not less than seven gallons 471.311 Requires sales under the per container for consumption off the premises; and license to consist sell malt beverages for consumption off the premises principally of sales by the in securely covered containers holding not more than drink for consumption on two gallons provided by the purchaser. the licensed premises.

Off-Premises Sales Authorizes licensee to: sell factory-sealed containers $100/year Oregon Revised Statutes License of wine, malt beverages in containers holding not 471.186 more than two and one-quarter gallons, and cider; Fee: Oregon Revised Statutes provide sample tastings of wine, malt beverages, and 471.311 cider on the premises after applying to and receiving approval from the Oregon Liquor Control Commission; and deliver wine or cider that is sold under the privileges of the license to retail customers in Oregon without a direct shipper permit.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Oregon Winery License Authorizes licensee to: import, bottle, produce, blend, $250/year Oregon Revised Statutes (cont.) store, transport, or export wines or cider; sell wines or 471.223

cider at wholesale to the commission or to licensees of Fee: Oregon Revised Statutes Requires licensee to the commission; sell wines or cider at retail directly to 471.311 principally produce wine the consumer for consumption on or off the licensed or cider in Oregon. premises; sell malt beverages at retail for consumption on or off the licensed premises; conduct the above activities at a second or third premises as designated by the commission; and purchase from or through the commission brandy or other distilled liquors for fortifying wines. Authorizes licensee to sell and ship wine or cider directly to a resident of Oregon only if the licensee has a direct shipper permit. Authorizes licensee who also holds a full on-premises sales license to sell both distilled liquor and wine or cider bottled and produced under the winery license.

Grower Sales Privilege Authorizes licensee to perform the following activities $250/year Oregon Revised Statutes License only for fruit or grape wine or cider where all of the 471.227 fruit or grapes used to make the wine or cider are Fee: Oregon Revised Statutes grown in Oregon under the control of the licensee: 471.311 import, store, transport, or export such wines or cider; sell such wines or cider at wholesale to the commission or licensees of the commission; sell such wines or cider at retail directly to the consumer for consumption on or off the licensed premises; and conduct the above activities at a second or third premises as designated by the commission.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Oregon Wholesale Malt Beverage Authorizes licensee to import, store, transport, sell at $275/year Oregon Revised Statutes (cont.) and Wine License wholesale and distribute to licensees of the 471.235 commission, and export wine, cider, and malt Fee: Oregon Revised Statutes beverages, and to import and sell to the commission, 471.311 and to export wine of alcoholic content in excess of 21 percent alcohol by volume. Authorizes licensee to sell naturally fermented wine or cider in quantities of not less than 4 gallons nor more than 55 gallons at any one time to consumers for consumption not on the licensed premises. Authorizes licensee to sell malt beverages containing not more than nine percent alcohol by volume in quantities not less than four gallons to any unlicensed organization, lodge, picnic party, or private gathering. Authorizes licensee to sell malt beverages, at wholesale only, to persons holding licenses authorizing the resale of such beverages at retail. Authorizes employees of a licensee to serve sample tastings of malt beverages, cider, and wine at alcoholic beverage industry trade shows, seminars, and conventions and at alcoholic beverage industry sample tastings for employees of retail licensees.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Oregon Warehouse License Authorizes licensee to store, import, bottle, produce, $100/year Oregon Revised Statutes (cont.) blend, transport, and export nontax paid, bonded wine 471.242

or wine on which the tax is paid and to store, import, Fee: Oregon Revised Statutes and export nontax paid malt beverages and cider, or 471.311 malt beverages and cider on which the tax is paid. Authorizes the removal of wine, cider, and malt beverages from the licensed premises only for: sale for export; sale or shipment to a wholesale malt beverage and wine licensee; sale or shipment to another warehouse licensee; sale or shipment to a winery licensee; shipment of wine or cider produced by a winery licensee to a licensee of the commission authorized to sell wine or cider at retail if the shipment is made pursuant to a sale to the retail licensee by a winery licensee, a grower sales privilege licensee, or a wholesale malt beverage and wine licensee; or shipment of wine or cider to a person for personal use.

Wine Self-Distribution Authorizes permittee to sell at wholesale and transport $100/year Oregon Revised Statutes Permit wine or cider that the permittee produces directly to 471.274 the commission or to retail licensees who hold a valid endorsement issued by the commission authorizing Requires permittee to be receipt of wine or cider from a wine self-distribution a U.S. manufacturer of permittee. wine or cider who holds a license issued by another state authorizing wine or cider manufacturing and an Oregon Liquor Control Commission certificate of approval.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Oregon Direct Shipper Permit Authorizes permittee to sell and ship wine directly to $50/year Oregon Revised Statutes (cont.) an Oregon resident for personal use and not for the 471.282

purpose of resale and not in excess of two cases Requires permittee to containing not more than nine liters per case per hold a license issued by month. Oregon or another state

that authorizes the manufacture of wine or cider or the sale of wine or cider produced only from grapes or other fruit grown under the control of the licensee or to hold a license authorizing the sale of wine or cider at retail, or to be a nonprofit trade association that holds a temporary sales license and that has a membership primarily composed of persons holding winery licenses or grower sales privilege licenses.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Texas Winery Permit Authorizes permittee to: manufacture, bottle, label, $75/year Section 16.01, Alcoholic and package wine containing not more than 24 percent Beverage Code alcohol by volume; manufacture fruit brandy and use Section 16.03, Alcoholic that brandy on the permitted premises for fortifying Beverage Code purposes only or sell that brandy to other winery permit holders; import or buy fruit brandy from a Section 16.09, Alcoholic permittee authorized to manufacture fruit brandy and Beverage Code use that brandy on the permitted premises for Fee: Section 16.02, Alcoholic fortifying purposes only; sell wine in Texas to or buy Beverage Code wine from permittees authorized to purchase and sell wine, including holders of wholesaler's permits, winery permits, and wine bottler's permits; sell wine to ultimate consumers for consumption on the winery premises or in unbroken packages for off-premises consumption in an amount not to exceed 35,000 gallons annually; sell wine outside of Texas to qualified persons; blend wines; and dispense free wine for consumption on the winery premises. Authorizes permittee to manufacture and label wine for an adult in an amount not to exceed 50 gallons annually for personal use. Authorizes permittee to conduct wine samplings, including wine tastings at a retailer's premises, and authorizes a winery employee to open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. Authorizes permittee to sell wine to ultimate consumers for consumption on or off winery premises and dispense free wine for consumption on or off the winery premises.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Texas Winery Permit Authorizes permittee to dispense wine gratuitously or (cont.) (cont.) for a fee for consumption on the premises of the winery during wine samplings and wine tastings. Authorizes permittee, for blending purposes only, to import wines or grape brandy purchased only from holders of nonresident seller's permits. Authorizes permittee to ship wine to the ultimate consumer, including ultimate consumers located in dry areas, and requires delivery by a carrier permit holder.

Wine Bottler's Permit Authorizes permittee to: purchase and import wine $225/year Section 18.01, Alcoholic only from the holders of nonresident seller's permits Beverage Code

or their agents who are holders of manufacturer's Fee: Section 18.02, Alcoholic agent's permits; purchase wine in Texas from holders Beverage Code of wholesaler's, winery, or wine bottler's permits; bottle, rebottle, label, package, and sell wine to permit holders in Texas authorized to purchase and sell wine; and sell wine to qualified persons outside of Texas.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Texas Wine Only Package Store Authorizes permittee to purchase ale, wine, and $75/year Section 24.01, Alcoholic (cont.) Permit vinous liquors in Texas from the holder of a winery, Beverage Code wine bottler's, wholesaler's, or class B wholesaler's Section 24.03, Alcoholic permit, and to sell those beverages to consumers at Beverage Code retail on or from the licensed premises in unbroken original containers of not less than six ounces for off- Section 24.12, Alcoholic premises consumption only and not for the purpose of Beverage Code resale. Fee: Section 24.02, Alcoholic Authorizes permittee to make deliveries to and Beverage Code collections from customers. Authorizes permittee to conduct free product samplings of wine or ale on the permittee's premises during regular business hours and authorizes an agent or employee of the permittee to open, touch, or pour wine or ale, make a presentation, or answer questions at a sampling event.

Authorizes permittee, under certain circumstances, to Additional annual $25 fee Section 52.01, Alcoholic obtain a package store tasting permit for purposes of Beverage Code gratuitously conducting product tastings of ale, wine, Section 52.03, Alcoholic and vinous liquors. Beverage Code Fee: Section 52.02, Alcoholic Beverage Code

Wine and Beer Retailer's Authorizes permittee to sell wine, beer, and malt $175/year Section 25.01, Alcoholic Permit liquors containing alcohol in excess of one-half of one Beverage Code $750/year for a permit in percent by volume and not more than 17 percent by connection with an Fee: Section 25.02, Alcoholic volume for consumption on or off the premises where establishment located in a Beverage Code sold, but not for resale, and to sell traditional port or county with a population containing alcohol in excess of one-half of one of 1.4 million or more percent by volume and not more than 24 percent by volume for consumption on the premises.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Texas Wine and Beer Retailer's Authorizes permittee to sell wine, beer, and malt $60/year Section 26.01, Alcoholic (cont.) Off-Premise Permit liquors containing alcohol in excess of one-half of one Beverage Code

percent by volume but not more than 17 percent by Section 26.08, Alcoholic volume for off-premises consumption only and not for Beverage Code resale. Fee: Section 26.02, Alcoholic Authorizes permittee to conduct free product Beverage Code samplings of wine, beer, and malt liquor containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume on the permitted premises during regular business hours, and authorizes an employee of the permittee to open, touch, or pour wine, beer, or malt liquor, make a presentation, or answer questions at a sampling event.

Out-of-State Winery Authorizes permittee to sell and deliver wine that is $75/year Section 54.01, Alcoholic Direct Shipper's Permit produced or bottled by the permittee to an ultimate Beverage Code consumer located in Texas. Prohibits permittee from Section 54.02, Alcoholic delivering to the same consumer more than 9 gallons Beverage Code of wine within any calendar month or more than 36 gallons of wine within any 12-month period and from Fee: Section 54.04, Alcoholic annually selling more than 35,000 gallons to ultimate Beverage Code consumers.

Virginia Winery License Authorizes licensee to manufacture wine and to sell $189/year, when not more Code of Virginia Sec. 4.1-207 and deliver or ship the wine in closed containers to than 5,000 gallons of wine Code of Virginia Sec. 4.1-100 persons licensed to sell the wine so manufactured at are manufactured during wholesale for the purpose of resale, and to persons the year in which the Fee: Code of Virginia outside of Virginia for resale outside of Virginia. license is granted Sec. 4.1-231 Authorizes licensee to operate distilling equipment on $3,725/year, when more the licensed premises in the manufacture of spirits than 5,000 gallons are from fruit or fruit juices that are used only for the manufactured during such fortification of wine produced by the licensee. year

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Virginia Retail Off-Premises Authorizes the holder of a winery license to sell wine $145/year, which includes Code of Virginia Sec. 4.1-207 (cont.) Winery License at the place of business designated in the winery a delivery permit Fee: Code of Virginia license, in closed containers, for off-premises Sec. 4.1-231 consumption.

Wholesale Wine License Authorizes licensee to acquire and receive deliveries Fee is based on the gallons Code of Virginia Sec. 4.1-207 and shipments of wine and to sell and deliver or ship of wine the wholesaler Code of Virginia the wine from one or more premises identified in the sells annually: Sec. 4.1-201.1 license, in closed containers, to persons licensed to • 30,000 gallons or less sell such wine in Virginia, persons outside of Virginia Fee: Code of Virginia = $185/year for resale outside of Virginia, religious congregations Sec. 4.1-231 • for use only for sacramental purposes, and owners of More than 30,000 boats registered under federal law sailing for ports of gallons but not more call of a foreign country or another state. than 150,000 gallons = $930/year Authorizes licensee to conduct tastings of wine not in • More than 150,000 but excess of five ounces per person within hotels, not more than 300,000 restaurants, and clubs licensed for on-premises gallons = $1,430/year consumption. • More than 300,000 gallons = $1,860/year

Wine Importer's License Authorizes a licensee located within or outside of $370/year Code of Virginia Sec. 4.1-207 Virginia to sell and deliver or ship wine, in closed Fee: Code of Virginia containers, to persons in Virginia licensed to sell wine Sec. 4.1-231 at wholesale for the purpose of resale, and to persons outside of Virginia for resale outside of Virginia. Authorizes licensee, under certain conditions, to conduct tastings of wine not in excess of five ounces per person within hotels, restaurants, and clubs licensed for on-premises consumption.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Virginia Farm Winery License Authorizes licensee to manufacture wine containing $190/year for a Class A Code of Virginia Sec. 4.1-207 (cont.) 18 percent or less of alcohol by volume and to sell, license, which includes a Code of Virginia Sec. 4.1-219 deliver, or ship the wine to the Virginia Alcoholic delivery permit License is designated as Beverage Control Board, persons licensed to sell the Fee: Code of Virginia $3,725/year for a Class B either Class A or Class B. wine so manufactured at wholesale for the purpose of Sec. 4.1-231 license, which includes a Requires at least 51 resale, or persons outside of Virginia. delivery permit percent of the fresh fruits Authorizes licensee to acquire and receive deliveries or agricultural products and shipments of wine and sell and deliver or ship this used to manufacture the wine to the board, persons licensed to sell wine at wine to be grown or wholesale for the purpose of resale, or persons outside produced on the farm (for of Virginia. a Class A license), 75 percent of the fresh fruits Authorizes licensee to sell wine at retail at the places or agricultural products of business designated in the licenses, which may used to manufacture the include no more than five additional retail wine to be grown or establishments of the licensee, and authorizes wine to produced in Virginia (for be sold at these business places for on-premises a Class B license), and no consumption and in closed containers for off-premises more than 25 percent of consumption. the fruits, fruit juices, or Authorizes licensee, under certain conditions, to other agricultural conduct tastings of wine not in excess of five ounces products to be grown or per tasting within hotels, restaurants, and clubs produced outside of licensed for on-premises consumption. Virginia, with certain weather-related exceptions (both Class A and B). Requires a Class B licensee to have operated under an existing Virginia farm winery license for at least seven years.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Virginia Internet Wine Retailer Authorizes a licensee located within or outside of $150/year Code of Virginia Sec. 4.1-207 (cont.) License Virginia to sell and ship wine in closed containers to Fee: Code of Virginia persons in Virginia to whom wine may be lawfully Sec. 4.1-231 sold for off-premises consumption.

Retail On-Premises Wine Authorizes licensee to sell wine and beer, either with $300/year Code of Virginia Sec. 4.1-209 and Beer License Issued or without meals, only in dining areas and other Fee: Code of Virginia to a Hotel, Restaurant, or designated areas of such restaurants, or in dining Sec. 4.1-231 Club areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such

rooms and areas, with exceptions for certain hotels. Authorizes licensee to conduct wine or beer tastings sponsored by the licensee for its customers for on- premises consumption and to sell or give samples of wine in an amount not exceeding two ounces per person and beer in an amount not exceeding four ounces per person in designated areas at promotional events held by the licensee.

Retail On-and-Off Authorizes licensee to conduct all activities accorded $600/year, which includes Code of Virginia Sec. 4.1-209 Premises Wine and Beer to a retail on-premises wine and beer licensee and to a delivery permit Fee: Code of Virginia License Issued to a Hotel, additionally sell wine and beer in closed containers for Sec. 4.1-231 Restaurant, or Club off-premises consumption.

Retail Off-Premises Wine Authorizes licensee to sell wine and beer in closed $230/year, which includes Code of Virginia Sec. 4.1-209 and Beer License containers for off-premises consumption. a delivery permit Fee: Code of Virginia Sec. 4.1-231

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Virginia Fulfillment Warehouse Authorizes certain nonprofit corporations with a place $120/year Code of Virginia Sec. 4.1-209 (cont.) License of business located in Virginia to receive deliveries Fee: Code of Virginia and shipments of wine or beer owned by holders of Sec. 4.1-231 wine or beer shipper's licenses, store such wine or beer on behalf of the owner, and pick, pack, and ship such wine or beer as directed by the owner.

Wine Shipper's License Authorizes licensee to sell and ship not more than two $95/year Code of Virginia Sec. 4.1- cases of wine, with each case containing not more 209.1 than nine liters, per month for personal consumption Fee: Code of Virginia only and not for resale to any person in Virginia. Sec. 4.1-231 Requires direct shipment to be by common carrier only and authorizes licensee to ship wine or beer through the use of the services of an approved fulfillment warehouse and to sell wine or beer through the use of the services of an approved marketing portal.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Washington Domestic Winery License Authorizes licensee to: manufacture wine in Fee to be computed only Sec. 66.24.170, Revised Code Washington from grapes or other agricultural on the liters manufactured of Washington products; act as a retailer and distributor of wine of its annually: Sec. 66.20.360, Revised Code own production; maintain an approved warehouse off • of Washington the winery premises for the distribution of such wine; Less than 250,000 and use a common carrier to deliver up to 100 cases of liters = $100/year its own production, in the aggregate, per month to • 250,000 liters or more licensed Washington retailers. = $400/year Authorizes licensee, at locations separate from any of its production or manufacturing sites, to serve samples of its own products, with or without charge, and to sell wine of its own production at retail, if certain requirements are met. Authorizes wine produced in Washington by a domestic winery licensee to be shipped out-of-state for the purpose of making it into and then returned to such licensee for resale. Authorizes licensee to ship its wine to a Washington resident for that resident's personal use and not for resale.

Authorizes licensee to apply to the Washington State Additional $75 annual fee Liquor Control Board for an endorsement to sell wine of its own production made entirely from grapes or other agricultural products grown in Washington at retail for off-premises consumption at a qualifying farmers market.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Washington Bonded Wine Warehouse Authorizes licensee to store and handle bottled wine $100/year Sec. 66.24.185, Revised Code (cont.) Storage License off the winery premises, which includes the following of Washington services: packaging and repackaging services; bottle

labeling services; creating baskets or variety packs The warehousing of wine that may or may not include nonwine products; and is limited to a licensed picking, packing, and shipping wine orders direct to domestic winery or a consumers. bonded wine warehouse, Authorizes licensee to maintain a warehouse for the a licensed Washington storage of wine off the premises of a winery. wine distributor or importer, a wine Authorizes the removal of wine from a bonded wine certificate of approval warehouse only for the purposes of being exported holder, or the Washington from Washington, shipped to a licensed Washington State Liquor Control wine distributor, returned to a winery or bonded wine Board. warehouse, or shipped directly to a consumer.

Wine Distributor's Authorizes licensee to sell wine purchased from $660/year for each Sec. 66.24.200, Revised Code License licensed Washington wineries, wine certificate of distributing unit of Washington approval holders, licensed wine importers, or

suppliers of foreign wine located outside of the U.S., to licensed wine retailers and other wine distributors and to export the same from Washington.

Wine Importer's License Authorizes licensee to import wine purchased from $160/year Sec. 66.24.203, Revised Code certificate of approval holders into Washington and of manufactured outside of the U.S. from suppliers located outside of the U.S., and to sell that wine to licensed wine distributors or export it out of Washington.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Washington Out-of-State Winery Authorizes certificate holder to sell and ship the $200/year Sec. 66.24.206, Revised Code (cont.) Certificate of Approval holder's wine to licensed Washington wine of Washington distributors, importers, or retailers and, if the holder Sec. 66.20.360, Revised Code obtains a direct shipment endorsement, to act as a of Washington distributor of its own production and use a common carrier to deliver up to 100 cases of its own Sec. 66.20.365, Revised Code production, in the aggregate, per month to licensed of Washington Washington retailers. Authorizes certificate holder, who additionally holds a wine shipper's permit issued by the Washington State Liquor Control Board and pays an additional fee determined by the board, to ship its wine to a Washington resident for that resident's personal use and not for resale, provided the holder has been issued a license to manufacture wine by another state.

Beer and/or Wine Authorizes licensee to sell beer or wine, or both, $400/year for a beer and Sec. 66.24.320, Revised Code Restaurant License depending on the license type, at retail for wine restaurant license or of Washington consumption on the premises. $200/year for the wine Sec. 66.24.354, Revised Code only license Authorizes licensee or its manager to furnish beer or of Washington wine to the licensee's employees free of charge as may

be required for use in connection with instruction on beer and wine.

Permits licensee, when license is combined with a Additional $120 annual beer and wine retailer's license, to sell beer and wine fee in original sealed packages of the manufacturer or bottler for consumption off the premises.

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Washington Beer and/or Wine Tavern Authorizes a licensee, who operates a tavern $400/year for a beer and Sec. 66.24.330, Revised Code (cont.) License frequented only by persons 21 years of age and older, wine tavern license or of Washington to sell beer or wine, or both, at retail for consumption $200/year for the wine Sec. 66.24.354, Revised Code on the premises. only license of Washington

Permits licensee, when license is combined with a Additional $120 annual beer and wine retailer's license, to sell beer and wine fee in original sealed packages of the manufacturer or bottler for consumption off the premises.

Grocery Store License Authorizes licensee to sell wine and beer at retail in $150/year for each store Sec. 66.24.360, Revised Code original containers, not to be consumed upon the of Washington premises where sold. Sec. 66.24.363, Revised Code of Washington Authorizes licensee who also holds a wine retailer Additional $166 annual reseller endorsement to sell wine at retail in original fee for each store containers to retailers licensed to sell wine for consumption on the licensed premises for resale at their licensed premises, and to accept delivery of wine at the grocery store licensee's licensed premises or at one or more registered warehouse facilities from which it may deliver to its own licensed premises and certain other licensed premises, other registered facilities, or lawful purchasers outside of Washington.

Authorizes licensee to obtain an endorsement Additional $500 annual permitting the international export of beer and wine fee that is purchased from a beer or wine distributor licensed to do business in Washington.

Authorizes licensee who holds a beer and wine tasting Additional $200 annual endorsement to offer beer and wine tastings under fee certain conditions

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Licenses and Permits Relating to Producing, Bottling, Shipping, Selling, and Serving Wine

State License Primary Authorized Activities Fee Citation

Washington Beer and/or Wine Authorizes licensee to sell beer and/or wine at retail in $100/year for each store Sec. 66.24.371, Revised Code (cont.) Specialty Shop License bottles, cans, and original containers, not to be of Washington consumed upon the premises where sold, at any store other than the state liquor stores and to provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion.

Beer and Wine Gift Authorizes licensee to solicit, take orders for, sell, and $75/year Sec. 66.24.550, Revised Code Delivery License deliver beer and/or wine in bottles and original of Washington packages, in conjunction with gifts or flowers, to

persons other than the person placing the order. Requires licensee to be a business solely engaged in the sale or sale and delivery of gifts at retail which holds no other Washington alcohol-related license, or to be a person in the business of selling flowers or floral arrangements at retail.

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This publication can be found at http://www.tlc.state.tx.us/policy.htm and http://capweb/RMD/rmd_index.html. If you have questions or comments regarding this publication, please contact the research division of the Texas Legislative Council by e-mail at [email protected].

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