Vermont Statutes Title 7 Sec. 279
Terms Used In Vermont Statutes Title 7 Sec. 279
- Alcohol: means the product of distillation, fermentation, or chemical synthesis, including alcoholic beverages, ethyl alcohol, and nonpotable alcohol. See
- Alcoholic beverages: means malt beverages, vinous beverages, spirits, ready-to-drink spirits beverages, and fortified wines. See
- Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
- Department: means the Department of Liquor and Lottery. See
- Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Malt beverages: means all fermented beverages of any name or description manufactured for sale from malt, wholly or in part, or from any malt substitute, known as, among other things, beer, ale, or lager, containing not less than one percent nor more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Retail dealer: means any person who sells or furnishes malt beverages, vinous beverages, or ready-to-drink spirits beverages to the public. See
- Spirits: means beverages that contain more than one percent alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent alcohol; and malt beverages containing more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Vinous beverages: means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the total alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit. See
§ 279. Consumer and retail shipping licenses; general requirements
A holder of a shipping license granted pursuant to section 277 or 278 of this subchapter shall comply with all of the following:
(1) Ensure that all containers of alcoholic beverages are shipped in a container that is clearly labeled: “contains alcohol; signature of individual 21 years of age or older required for delivery.”
(2) Not ship to any address in a municipality that the Division of Liquor Control identifies as having voted to be “dry.”
(3) Retain a copy of each record of sale for a minimum of five years from the date of shipping.
(4) Report at least twice per year to the Division if a holder of a consumer shipping license and once per year if a holder of a retail shipping license in a manner and form required by the Commissioner all the following information:
(A) the total amount of malt beverages, vinous beverages, or ready-to-drink spirits beverages shipped into or within the State during the preceding six months if a holder of a consumer shipping license or during the preceding 12 months if a holder of a retail shipping license;
(B) the names and addresses of the purchasers to whom the beverages were shipped; and
(C) the date purchased, the quantity and value of each shipment, and, if applicable, the name of the common carrier used to make each delivery.
(5) Pay to the Commissioner of Taxes the tax required pursuant to section 421 of this title on the malt beverages, vinous beverages, or ready- to-drink spirits beverages shipped pursuant to this subchapter and comply with the provisions of 32 Vt. Stat. Ann. chapter 233, 24 V.S.A. § 138, and any other legally authorized local sales taxes. Delivery in this State shall be deemed to constitute a sale in this State at the place of delivery and shall be subject to all appropriate taxes levied by the State of Vermont.
(6) Permit the State Treasurer, the Division of Liquor Control, and the Department of Taxes, separately or jointly, upon request, to perform an audit of its records.
(7) If an out-of-state license holder, be deemed to have consented to the jurisdiction of the Board of Liquor and Lottery, Division of Liquor Control, or any other State agency and the Vermont State courts concerning enforcement of this or other applicable laws and rules.
(8) Not have any direct or indirect financial interest in a Vermont wholesale dealer or retail dealer, including a first-, second-, or third-class licensee.
(9) Comply with all applicable laws and Board of Liquor and Lottery rules.
(10) Comply with the beverage container deposit redemption system pursuant to 10 Vt. Stat. Ann. chapter 53. (Added 2017, No. 83, § 64; amended 2018, No. 1 (Sp. Sess.), § 64; 2021, No. 177 (Adj. Sess.), § 25, eff. July 1, 2022.)