16-1-411. Tax on wine and hard cider — penalty and interest. (1) (a) A tax of 27 cents a liter is imposed on sacramental wine and table wine, except hard cider, sold by:

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(i)a table wine distributor to licensed retailers, agency liquor stores, and special permit holders;

(ii)a licensed winery directly to licensed retailers, special permit holders, or the public; and

(iii)a registered winery directly to the public.

(b)A tax of 3.7 cents a liter is imposed on hard cider sold by:

(i)a table wine distributor to licensed retailers, agency liquor stores, and special permit holders;

(ii)a licensed winery directly to retailers, special permit holders, or the public; and

(iii)a registered winery directly to the public.

(2)The tax imposed in subsection (1) must be paid as follows:

(a)A winery registered pursuant to 16-4-107 that sells more than 1,000 liters of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter during the following period that begins October 1 and ends September 30.

(b)A winery registered pursuant to 16-4-107 that sells 1,000 liters or less of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on or before October 15 of the following period that begins October 1 and ends September 30.

(c)A winery licensed pursuant to 16-4-107 that sells sacramental wine, table wine, or hard cider to consumers or licensed retailers in the state or that sells table wine to agency liquor stores for sale to consumers in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th of each quarter for sales in the previous quarter.

(d)A table wine distributor that sells sacramental wine, table wine, or hard cider in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter for sales in the previous quarter.

(3)The tax paid by a winery or by a table wine distributor in accordance with subsection (2) must, in accordance with the provisions of 17-2-124, be distributed as follows:

(a)69% to the state general fund; and

(b)31% to the state special revenue fund to the credit of the department of public health and human services for the treatment, rehabilitation, and prevention of alcoholism and chemical dependency.

(4)The tax computed and paid in accordance with this section is the only tax imposed by the state or any of its subdivisions, including cities and towns.

(5)For the purposes of this section, “table wine” has the meaning assigned in 16-1-106 but does not include hard cider.