A winery direct shipper license applicant is required to submit
a complete application in a manner specified by the Commission, and a separate
business owner questionnaire for each owner, partner, and/or officer with at
least ten (10) percent ownership interest. Applicants are required to pay a
non-refundable application fee of $300.00 and, upon approval of the
application, an annual license fee of $150.00. Additionally, Applicants must
provide the Commission with the following information:
(1) A copy of a federal basic permit issued
pursuant to the Federal Alcohol Administration Act (27 U.S.C. §§
201 et seq.) authorizing the permittee to engage in the business of wine
production. Federal basic permits related to distilled spirits production, the
importation of alcoholic beverages in the United States, or wholesale of
alcoholic beverages are not acceptable.
(2) A list of all wine brands that Applicant
intends to sell under the license. Only wine brands that are included in the
application and accepted by the Commission may be sold and shipped to Tennessee
consumers by the winery direct shipper and/or its agent, the licensed
fulfillment house. Winery direct shippers are prohibited from selling brands
associated with another winery direct shipper license. If TABC determines that
there is an absence of sufficient proof that a listed brand is produced
pursuant to this paragraph, TABC has discretion to remove the brand from the
list of accepted brands from the application and the winery direct shipper is
prohibited from selling the removed brand under its winery direct shipper
license.
(3) Proof that wine brands
intended to be sold in Tennessee are owned by or licensed to the winery and are
either:
(a) Produced by the winery;
(b) Produced exclusively for the winery under
an existing written contract with the winery or farm winery; or
(c) Produced and bottled exclusively for the
winery.
Brand names and authorized trade names that are disclosed on
the federal basic permit may be used to establish that the brand is owned by or
licensed to the winery. A Certification/Exemption of Label/Bottle Approval
(COLA) reflecting the permittee's name or authorized trade name may also
establish that the brand is owned by or licensed to the winery. This is a
non-exhaustive list the Commission shall consider in making this determination.
If TABC determines that there is an absence of sufficient proof that a listed
brand is produced pursuant to this paragraph, TABC retains the discretion to
remove the brand from the list of brands provided on the application and the
winery direct shipper is prohibited from selling the removed brand under its
winery direct shipper license.
(4) An unexpired copy of the state license
authorizing the winery direct shipper to produce wine or have wine produced as
described in paragraph (3). A winery direct shipper license only authorizes the
sale of wine produced at a single winery. Applicants seeking to sell and ship
wine from multiple wineries must obtain a winery direct shipper license for
each winery.
(5) Electronic
acknowledgement and consent to jurisdiction and venue for all actions brought
before the Tennessee Alcoholic Beverage Commission, any Tennessee state agency,
or any courts within Tennessee related to the direct shipper license.
(6) Electronic acknowledgement that Applicant
will only contract with common carriers who agree that any wine delivered in
Tennessee will be by face-to-face delivery to individuals that demonstrate that
they are over the age of twenty-one (21) and require a signature upon receipt
of delivery.
(7) A copy of the
common carrier contract(s), if applicable.
(8) A copy of the contract(s) between
Applicant and the licensed fulfillment house(s), if applicable.
(9) Winery direct shipper Applicants are
responsible for providing TABC with updated lists and corresponding contracts
for each fulfillment house with whom the winery contracts.
(10) An exhaustive list of website addresses
on which Applicant will sell wine for shipment into Tennessee. Applicants are
required to notify the Commission of any changes throughout the license year in
a manner specified by the Commission.
(11) Electronic acknowledgement that
Applicant shall include its Tennessee winery direct shipper license number, in
at least one (1) location that a reasonable person can locate, on any website
from which Applicant sells wine for direct shipment into Tennessee.
(12) Electronic acknowledgement that
Applicant may not sell alcoholic beverages other than wine as defined by T.C.A.
§
57-3-101 for shipment into Tennessee.
(13) Electronic acknowledgement that
Applicant may not sell wine brands other than those disclosed in its
application and accepted by the Commission that meet the requirements of T.C.A.
§
57-3-217.
(14) Electronic
acknowledgement that Applicant will not sell alcoholic beverages for shipment
in Tennessee on any website not disclosed on the application and accepted by
the Commission.
(15) Electronic
acknowledgement that winery direct shippers producing two hundred seventy
thousand (270,000) liters or more of wine per calendar year may not ship more
than twentyseven (27) liters of wine to an individual in a calendar
year.
(16) Electronic
acknowledgement that winery direct shippers producing less than two hundred
seventy thousand (270,000) liters of wine per calendar year may not ship more
than fifty-four (54) liters of wine to an individual in a calendar
year.
(17) Electronic
acknowledgement that a winery direct shipper may not ship more than nine (9)
liters of wine to an individual in a calendar month.
(18) Sufficient information to establish that
Applicant is registered with the Tennessee Department of Revenue to pay
applicable Sales & Use Taxes and Gallonage Taxes or is otherwise eligible
to submit Sales & Use Taxes and Gallonage Taxes to the Tennessee Department
of Revenue.
(19) Electronic
acknowledgement that any shipment of wine by licensed direct shippers will be
made in containers that are clearly marked on the exterior of the container,
visible to a person at least three feet (3') away, that the container "CONTAINS
ALCOHOL: SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY."
(20) Electronic
acknowledgement that the licensed direct shipper is responsible for remitting
all sales tax due to the State of Tennessee from any sales made under the
Tennessee direct shipper license.
(21) Electronic acknowledgement that the
licensed direct shipper is responsible for remitting gallonage taxes as imposed
by T.C.A. §
57-3-302.
(22)
Electronic acknowledgement that the licensed direct shipper is required to
provide quarterly reports in the manner specified by the Commission that lists
the following:
(a) The name, address, and
license number of the fulfillment house used, if applicable;
(b) The name of the common carrier, if no
fulfillment house is used;
(c) The
date of each shipment;
(d) The
carrier tracking number;
(e) The
quantity, by weight or other means, the sales price, and the product type of
wine shipped; and
(f) The name and
address of the recipient.
(23) Compliance with the Eligibility
Verification for Entitlements Act as codified in T.C.A. §§ 4-58101,
et seq.
