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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter H. IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET


Sec.


9.131.    Scope.
9.132.    Definitions.
9.141.    Requirements for licensure as a direct shipper.
9.142.    Records to be maintained.
9.143.    Sales of wines.
9.144.    Products shipped.
9.145.    Direct shipper’s website.

Source

   The provisions of this Subchapter H adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139, unless otherwise noted.

§ 9.131. Scope.

 This subchapter is to be applied in conjunction with the Liquor Code and sets forth the nature and kind of proof required thereunder.

§ 9.132. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicated otherwise:

   Consumer—A person, 21 years of age or older at the time that the order is placed, who resides in this Commonwealth and is ordering wine by means of the Internet from a direct shipper for personal consumption, not for resale.

   Direct shipper—A person or legal entity outside this Commonwealth licensed in another state as a producer, supplier, importer, wholesaler, distributor or retailer of wine who obtains a license from the Board to accept orders placed for wine within this Commonwealth by means of the Internet and who ships or facilitates in any way the shipment of wine by a delivery agent or common carrier to a Wine and Spirits Store.

§ 9.141. Requirements for licensure as a direct shipper.

 (a)  The person or legal entity completes an application for a license and files it with the Board.

 (b)  The direct shipper agrees to submit to the jurisdiction of the Board, any other Commonwealth agency, the Board of Claims and the courts of this Commonwealth for any dispute arising out of the direct shipper’s conduct of business with the Board or consumers.

 (c)  The laws of the Commonwealth govern any dispute or issue arising from or involving any transaction or dealing between the direct shipper and the Commonwealth.

 (d)  The direct shipper agrees to indemnify the Board from any cause of action arising from its conduct of business in this Commonwealth.

 (e)  The direct shipper agrees to notify the Board if any of its licenses or permits, by which it is licensed in another state, are suspended, revoked, terminated or not renewed by the issuing authority.

 (f)  Failure by the direct shipper to remain licensed in another state could result in citation by the Pennsylvania State Police, Bureau of Liquor Control Enforcement or nonrenewal of the direct shipper license by the Board.

§ 9.142. Records to be maintained.

 (a)  The Commonwealth, through the Board or the Department of Revenue, has the right to audit, at reasonable times and at a site designated by the Commonwealth, the books, documents and records of the direct shipper. The direct shipper shall give full and free access to the Commonwealth or its authorized representative to the books, documents and records of the direct shipper to the extent that the books, documents or records relate to the sale by the direct shipper to consumers and to the collection of taxes and fees and the submission of same to the Commonwealth.

 (b)  The direct shipper agrees to maintain records, which will support the products, including brands, vintages, volumes and sizes sold to consumers and the collection and submission of taxes and fees regarding the products sold.

 (c)  The direct shipper shall maintain all books, documents and records described in this section for 3 years from the date of the sale.

§ 9.143. Sales of wines.

 (a)  The direct shipper shall possess a valid license issued by the Board.

 (b)  The direct shipper may sell to consumers only those classes, varieties and brands of wine not available for sale by the Board to consumers. Those items that may not be sold by direct shippers are listed on the Board’s website and are subject to change. Direct shippers may not ship or sell by means of the Wine and Spirits Stores any other items, alcoholic or nonalcoholic, to consumers other than wine not listed on the Board’s website.

 (c)  The direct shipper may only process orders received by means of the Internet.

 (d)  Consumers may not purchase, and a direct shipper may not sell, more than 9 liters of wine to a single consumer per month.

 (e)  The direct shipper shall provide the consumer with an Internet wine order which is a numbered receipt listing the following:

   (1)  The consumer’s name, address, phone number and date of birth.

   (2)  The name, address, phone number and date of birth of any other person authorized to pick up the product at the Wine and Spirits Store.

   (3)  The selling price, total volume and a complete and accurate description of products purchased.

   (4)  Eighteen percent Emergency Tax.

   (5)  Six percent Sales Tax.

   (6)  One percent Philadelphia/Allegheny County only Sales Tax, if applicable.

   (7)  Fees collected.

   (8)  The address of the Wine and Spirits Store to which the product is being shipped.

 (f)  Two copies of the Internet wine order must be with the product package and a copy must also be forwarded to the Board electronically within 1 business day from the date of the placement of the order.

 (g)  The direct shipper shall collect the 18% Emergency Tax, the appropriate Pennsylvania Sales Tax, and the Board’s handling fee, per order, of $4.50.

 (h)  The direct shipper shall remit to the Board by the 10th calendar day of the following month, the amount of taxes and fees collected from the prior month’s sales. This remittance must be accompanied by a list detailing the numbered receipts being remitted.

 (i)  Failure to submit the appropriate fees and taxes will subject the direct shipper to citation by the Pennsylvania State Police, Bureau of Liquor Control Enforcement, which may result in civil penalties or criminal penalties, or both.

 (j)  The direct shipper agrees that the Commonwealth may set off the amount of any State tax liability or the other obligation of the direct shipper or its subsidiaries to the Commonwealth against any payments due the direct shipper under any contract with the Commonwealth.

 (k)  Annually, the direct shipper shall provide to the Board by the 15th day of the following January, a total of all sales of wine to consumers by the number of units and the dollar amount.

§ 9.144. Products shipped.

 (a)  Wine shipped to a consumer must be shipped to a Wine and Spirits Store.

 (b)  Shipments must be delivered to a Wine and Spirits Store by a transporter-for-hire licensed by the Board.

 (c)  Each package so shipped must be clearly identified as containing alcoholic beverages.

 (d)  Each package must clearly identify the direct shipper on the outside of the package and must have with the package a copy of the Internet wine order.

 (e)  Each order by a consumer must be packaged separately.

 (f)  All packaging materials must be sufficient to protect the product from damage during normal handling.

 (g)  The direct shipper agrees that any missing product, incorrect product, or damage to product, including breakage, defaced labels, leakage or other defects, noted on the Internet wine order will be the responsibility of the direct shipper.

 (h)  The direct shipper agrees that any wine that is not picked up by the consumer within 30 days of receipt by the Wine and Spirits Store becomes the property of the Board.

 (i)  The direct shipper shall provide a ‘‘call tag’’ with each order shipped. A call tag is a delivering carrier’s service allowing the recipient of a package to call the carrier to pick up unwanted merchandise and have the carrier return it to the shipper.

§ 9.145. Direct shipper’s website.

 (a)  The direct shipper’s website must contain language that the direct shipper is solely responsible for the fitness of the product and that the Board neither endorses the direct shipper nor its products.

 (b)  The direct shipper’s website must explain fully the direct shipper’s policy on the return of wine purchased by consumers.

 (c)  The direct shipper’s website must inform consumers that it will not sell to anyone who is under 21 years of age on the date of order, and that, when the product is picked up, it will not be released to anyone who cannot demonstrate that he is 21 years of age or older, or to anyone who is not a resident of this Commonwealth, or to anyone who is under the influence of alcohol or other drugs.

 (d)  The direct shipper’s website must contain the following language:

DISCLAIMER


 

  Consumers must be 21 years of age or older on the date of order and residents of Pennsylvania. All wine purchased must be for personal consumption and not for resale. Consumers must select a Wine and Spirits Store for delivery of their order. The Consumer must pick up the product in person at the selected Wine and Spirits Store or designate at the time of order an individual(s) who will be permitted to pick up the order. Whoever picks up the order must be 21 and a Pennsylvania resident. When the order is picked up, the person must present photo identification and be prepared to sign an affidavit that he or she is 21 years of age or older, a Pennsylvania resident and that the wine is for personal use not for resale. The entire order must be picked up; no partial order pick-ups will be permitted.

 

  The Pennsylvania Liquor Control Board endorses no Direct Shipper nor does it provide any warranties either express or implied, as to the fitness or merchantability of any product purchased over the Internet or assumes any liability for the use or misuse of any product. The Pennsylvania Liquor Control Board will not accept any returns. All requests for the return of any product ordered over the Internet for any reason must be made directly to the Direct Shipper. For any product damaged after receipt at the Wine and Spirits Store, Consumer will be fully reimbursed for the entire cost of the order by the Board. Any order not picked up within 30 days of receipt at the Wine and Spirits Store becomes the property of the Pennsylvania Liquor Control Board.

 (e)  The direct shipper’s website must require the consumer to indicate that the consumer has read the Board’s disclaimer and agrees to its terms and conditions before the consumer may complete the consumer’s order. The direct shipper shall maintain a copy of the consumer’s acceptance of the disclaimer for 2 years.

 (f)  If the direct shipper wishes to be linked to the Board’s website, it shall sign a linking agreement in the form provided by the Board.



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