3 AAC 305.350 - Wine clubs
(a) A package store
licensee with a shipping endorsement may enter into a standing written or
electronic shipment order agreement with a purchaser for periodic shipment of
wine of the licensee's choice to the purchaser if
(1) the endorsement holder retains the
original, a clear photocopy, or an electronic copy of the proof-of-age document
in accordance with
3
AAC 305.345(b);
(2) the agreement is signed and dated by the
purchaser and contains the information required for written orders under
3
AAC 305.345(c); and
(3) the agreement requires that the
endorsement holder receives payment for the wine not fewer than five working
days before the date of shipment and allows the endorsement holder or purchaser
to terminate the agreement by giving five days' written notice of
termination.
(b) A
licensee shall consult the database maintained by the board under
AS
04.06.095 in the manner required under
AS
04.09.460(e) before shipping
wine to an area that has restricted the sale of alcoholic beverages under
AS
04.11.491(a)(1), (2), or (3) or (b)(1) or
(2). Shipment of the wine must be in
compliance with applicable provisions of
3
AAC 305.345(d), (e), and
(f).
(c) For each standing shipment order
agreement, an endorsement holder shall keep a hard copy or electronic file that
contains the agreement and a copy of all documents required under this section.
The endorsement holder shall retain the agreement file for at least one year
after termination of the agreement. The endorsement holder shall maintain a log
of monthly shipments of wine in a manner that
(1) allows cross-reference to the documents
for each order;
(2) assigns an
order number to each shipment; and
(3) for each order, shows the date payment
for the shipment was received, the date the order was shipped, and the address
to which the shipment was made.
(d) If an agreement under this section
requires the endorsement holder to ship wine to an area that has restricted the
sale of alcoholic beverages under
AS
04.11.491(a)(1), (2), or (3) or (b)(1) or
(2), the licensee shall enter a written order
not later than 24 hours after receiving full payment into the written order
database established under
AS
04.06.095.
(e) After a municipality submits written
notification to the board that the municipality has imposed a sales and use tax
on alcoholic beverages under
AS
04.21.010(c)(4), an
endorsement holder may not ship wine under a standing shipment order agreement
to that municipality until payment for the taxes is collected at the licensed
premises in accordance with the ordinances of that municipality. The licensee
shall remit the payments of taxes to the municipality for which the tax was
collected.
Notes
Authority: AS 04.06.090
AS 04.06.100
AS 04.09.230
AS 04.09.460
AS 04.09.470
AS 04.09.480
AS 04.09.490
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