Spirits Distribution Rules
State-by-State Spirits Distribution Rules For Distillers Working Within the Three-Tier System
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When reviewing this information, keep the following in mind:
- The rules we’ve compiled here only reflect regulations that a state would impose on a spirits supplier located in a different state, looking to enter a new market. They do not include rules on setting up a production plant, or for federal or home-state compliance.
- This is not a definitive or complete guide. It should be used only as a starting place, to help lead you in the right direction as you expand your distribution. Do not take this as the final word on any regulatory issue.
- When you actually approach selling in a new state, be sure to consult with someone who can properly interpret how the rules apply to your individual circumstances: your compliance team, your legal counsel or even another distillery located in that state.
And don’t forget that Sovos ShipCompliant offers several tools to help you in this process, with a cloud-based, easy-to-use platform for your licensing, product registration, product management and state filing needs. Sovos provides complete and up-to-date state rules guidance in all ShipCompliant products. You can request a demo anytime.
*State-specific content was last reviewed and is accurate as of 07/20/2023.
Alabama
How does Alabama define "spirits"?
Alabama defines spirits as follows: 28-3-1 (18) LIQUOR: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine.
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Is Alabama a control state?
Yes, Alabama is a control state.
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Are all spirits sold through Alabama's control system?
Yes, all spirits are sold through Alabama's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Alabama?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Alabama.
LICENSING
Does Alabama require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Alabama requires a Type 200 Manufacturer license for out-of-state spirits suppliers to sell to the control board.
If required, how much does Alabama charge for that license?
Alabama charges $500 for its Type 200 Manufacturer license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Alabama?
Licensed suppliers may use their own employees to represent themselves to the Alabama Alcoholic Beverage Control (ABC) Board and are not required to use independent brokers.
Does Alabama require suppliers' representatives to have a license to present a listing offer?
No, if a supplier's representative will only call on the Alabama ABC they do not require a license. But if the representative will do any other work in Alabama, such as call on Alabama retailers, they are required to register with the ABC and have their employee provide an affidavit of their employment and compensation, along with a $15 annual permit fee (plus $2 per representative).
REGISTRATIONS
When does Alabama hold hearings or otherwise consider new listings?
New product presentations occur in November and May in Alabama; new listings happen on February 1 and August 1.
What size limits does Alabama impose on spirits products?
Alabama restricts spirits listings to no sizes greater than 1.75 L.
What sort of information does Alabama require when presenting a listing offer?
Alabama requires spirits suppliers to provide a product description, formal price quote and market data with a listing. Market data must include lists of other states where the product is sold, market share, consumer survey and price compared to similar products. Suppliers must also provide advertising support and a tasting sample.
How does Alabama determine their pricing for listed products?
Per Alabama Code 20-X-4-.02, case lot sales of liquor include a markup of 16.99% plus freight costs. Bottle sales of liquor include a markup of 35% plus freight costs and retail prices for sales of liquor include a markup of 35% plus freight costs. These markups are to be applied as a total markup for pricing by the Alabama ABC, and may be adjusted by the ABC.
How does Alabama manage price changes?
Price changes must be submitted to the Alabama ABC for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August, or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Alabama use NABCA code labels or its own codes?
Alabama uses its own master state codes for listed products.
Does Alabama enable suppliers to provide their own samples to in-state retailers?
Registered suppliers' representatives may provide a sample to Alabama retailers of any brands that the retailer has not purchased in the past six months in volume of no more than 750 mL. All wholesale purchases by a retailer must be made from the Alabama ABC.
Where can a supplier find more information about Alabama's listing process?
Contact the Alabama ABC's Product Management board: https://alabcboard.gov/product-management.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Alabama control board?
No, Alabama does not require a follow up reports from spirits suppliers for sales to its control board.
Alaska
How does Alaska define "spirits"?
No special definition for "distilled spirits" is present in Alaska's statutes; such products are included in the general definition of "alcoholic beverage" as any product intended for human consumption with an ABV of more than 0.5%.
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Is Alaska a control state?
No, Alaska is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Alaska?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Alaska.
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Can an out-of-state spirits manufacturer ship direct to consumers in Alaska?
Yes, an out-of-state spirits manufacturer may ship direct to consumers in Alaska.
LICENSING
What license does Alaska require for out-of-state suppliers to sell to in-state wholesalers?
Alaska does not require a license for out-of-state suppliers to sell to in-state wholesalers.
How much does Alaska charge for the supplier license?
n/a
Do I need to have money held in bond to obtain a license in Alaska?
No, you do not need money held in bond to obtain a license in Alaska.
Does Alaska require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Alaska does not require an in-state representative for suppliers.
REGISTRATIONS
Does Alaska require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Alaska does not require product/brand labels to be registered before they can be sold to in-state wholesalers.
Does Alaska require price posting?
No, Alaska does not require price posting.
Does Alaska require Distributor Agreements to be filed with state regulators?
No, Alaska does not require Distributor Agreements to be filed with state regulators.
Does Alaska require territory assignments to be filed with state regulators?
No, Alaska does not require territory assignments to be filed with state regulators.
DISTRIBUTOR RELATIONSHIPS
How can a supplier provide samples to retailers in Alaska?
In Alaska, a spirits supplier may provide a maximum of 3 liters in samples, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Alaska that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Alaska that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Alaska have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, in Alaska, spirits suppliers must certify to wholesaler they are the primary supplier.
Does Alaska require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No specific come to rest provisions noted in Alaska, but only wholesalers may deliver to retail establishments.
FILINGS
What excise tax does Alaska impose on spirits?
In Alaska, spirits with an ABV of 21% or less are taxed at $2.50 per gallon; spirits with an ABV greater than 21% are taxed at $12.80 per gallon.
Does Alaska require out-of-state suppliers to remit the excise taxes?
No, Alaska does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Alaska on their sales to in-state wholesalers?
Alaska does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers.
Arizona
How does Arizona define "spirits"?
Per Arizona 4-101(15): "Distilled spirits" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, fruits preserved in ardent spirits, and any alcoholic mixture or preparation, whether patented or otherwise, that may in sufficient quantities produce intoxication.
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Is Arizona a control state?
No, Arizona is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Arizona?
Yes, but only holders of a Series 2D Craft Distillery License can self-distribute to retailers in Arizona.
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Can an out-of-state spirits manufacturer ship direct to consumers in Arizona?
Yes, but this is only available to holders of an Arizona Series 2D Craft Distillery License.
LICENSING
What license does Arizona require for out-of-state suppliers to sell to in-state wholesalers?
Arizona requires a Type "2" Out-of-State Producer license for out-of-state suppliers to sell to in-state wholesalers. For distillers that produce less than 20,000 gallons annually, the 2D Out-of-State Craft Distillery license is also available with additional privileges.
How much does Arizona charge for the supplier license?
The Arizona Type 2 supplier license costs $350 initially and $120 for renewal. For Arizona Type 2D, the costs are: $600 initial, $370 renewal.
Do I need to have money held in bond to obtain a license in Arizona?
No, you do not need money held in bond to obtain a license in Arizona.
Does Arizona require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Arizona does not require an in-state representative for suppliers.
REGISTRATIONS
Does Arizona require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Arizona does not require product/brand labels to be registered before they can be sold to in-state wholesalers.
Does Arizona require price posting?
No, Arizona does not require price posting. However, the Arizona DLLC may require a distiller to affirm their prices and any discounts in effect.
Does Arizona require Distributor Agreements to be filed with state regulators?
No, Arizona does not require Distributor Agreements to be filed with state regulators.
Does Arizona require territory assignments to be filed with state regulators?
No, Arizona does not require territory assignments to be filed with state regulators.
Does Arizona have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Arizona does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Arizona?
In Arizona, a spirits supplier may provide a maximum of 3 liters in samples, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Arizona that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Arizona that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Arizona have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, in Arizona spirits suppliers must certify to wholesaler they are the primary supplier.
Does Arizona require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, in Arizona deliveries must be unloaded and remain at wholesaler's premises for at least 24 hours.
FILINGS
What excise tax does Arizona impose on spirits?
Arizona imposes an excise tax on spirits of $3.00 per gallon.
Does Arizona require out-of-state suppliers to remit the excise taxes?
No, Arizona does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Arizona on their sales to in-state wholesalers?
There is no specific reporting requirement; however spirits suppliers must provide the Airizona DLLC with a copy of their distributor invoices by the 20th of each month.
Arkansas
How does Arkansas define "spirits"?
Per Arkansas 3-1-102(9) “Spirituous” means liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) of alcohol by weight, or any other liquids containing more than twenty-one percent (21%) of alcohol by weight.
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Is Arkansas a control state?
No, Arkansas is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Arkansas?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Arkansas.
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Can an out-of-state spirits manufacturer ship direct to consumers in Arkansas?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Arkansas.
LICENSING
What license does Arkansas require for out-of-state suppliers to sell to in-state wholesalers?
Arkansas requires an Out-of-State Supplier Permit for out-of-state suppliers to sell to in-state wholesalers.
How much does Arkansas charge for the supplier license?
Arkansas charges $50 for its Out-of-State Supplier Permit.
Do I need to have money held in bond to obtain a license in Arkansas?
No, you do not need money held in bond to obtain a license in Arkansas.
Does Arkansas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Arkansas does not require an in-state representative for suppliers.
REGISTRATIONS
Does Arkansas require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Arkansas requires that product/brand labels are registered per label before they can be sold to in-state wholesalers.
Does Arkansas require price posting?
No, Arkansas does not require price posting.
Does Arkansas require Distributor Agreements to be filed with state regulators?
Yes, Arkansas requires Distributor Agreements to be filed with state regulators.
Does Arkansas require territory assignments to be filed with state regulators?
No, Arkansas does not require territory assignments to be filed with state regulators. The designated wholesaler shall be the exclusive distributor of that brand label for the entire state.
Does Arkansas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
Yes. In Arkansas, a wholesaler designated to distribute a spirits brand will be the exclusive distributor of that brand in the entire state.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Arkansas?
In Arkansas, a spirits supplier may provide a maximum of 3 liters in samples, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Arkansas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, in Arkansas a spirits supplier may not change the wholesaler registered to distribute a brand label without proving good cause.
Does Arkansas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, Arkansas does not have sourcing restrictions on whom wholesalers can purchase from.
Does Arkansas require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No specific come to rest provisions noted in Arkansas, but only wholesalers may deliver to retail establishments.
FILINGS
What excise tax does Arkansas impose on spirits?
In Arkansas, Light Spiritous Liquor (0.5-5% ABW) is taxed at $0.50 per gallon; Premixed Spiritous Liquor (5.1-21% ABW) is taxed at $1.00 per gallon; and Distilled Spirits (over 21% ABW) are taxed at $2.50 per gallon. In addition, Arkansas imposes a per-case tax of $0.05 on all alcohol with an ABW less than 21%, and of $0.20+4% on higher-ABW spirits.
Does Arkansas require out-of-state suppliers to remit the excise taxes?
No, Arkansas does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Arkansas on their sales to in-state wholesalers?
Arkansas requires monthly follow-up reports, specifically, to send invoice information to their Miscellaneous Tax Section.
California
How does California define "spirits"?
Per California BPC § 23005: “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits” does not include “powdered alcohol,” as defined in Section 23003.1.
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Is California a control state?
No, California is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in California?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in California.
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Can an out-of-state spirits manufacturer ship direct to consumers in California?
No, an out-of-state spirits manufacturer may not ship direct to consumers in California.
LICENSING
What license does California require for out-of-state suppliers to sell to in-state wholesalers?
California requires a Type 28 Distiller Spirits Shipping Certificate for out-of-state suppliers to sell to in-state wholesalers; this requires designating a California-based agent or attorney, but does not require registering with the California Secretary of State.
How much does California charge for the supplier license?
California charges $215 initially; renewals cost $115.
Do I need to have money held in bond to obtain a license in California?
No, you do not need money held in bond to obtain a license in California.
Does California require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, California does not require an in-state representative for suppliers.
REGISTRATIONS
Does California require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, California does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does California require price posting?
No, California does not require price posting.
Does California require Distributor Agreements to be filed with state regulators?
No, California does not require Distributor Agreements to be filed with state regulators.
Does California require territory assignments to be filed with state regulators?
No, California does not require territory assignments to be filed with state regulators.
Does California have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, California does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in California?
In California, only one spirits sample type may be provided at a time, of a maximum size of 500 mL (or the smallest size available if not bottled in 500 mL), and only to a retailer who has not purchased that brand before. All samples must be clearly labeled.
Are there franchise rules in California that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in California that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does California have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, California-based importers of spirits (often wholesalers) may not purchases spirits produced out-of-state unless they have been designated by the brand owner of the spirits.
Does California require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. In California, deliveries must be unloaded at the wholesaler's premises, though it is not indicated for how long.
FILINGS
What excise tax does California impose on spirits?
California imposes an excise tax of $3.30 per gallon for spirits with an ABV of 50% or less, and $6,60 per gallon for spirits with an ABV greater than 50%.
Does California require out-of-state suppliers to remit the excise taxes?
No, California does not require out-of-state suppliers to remit the excise taxes unless also operating as a California-based importer.
What follow-up reports are out-of-state suppliers required to file with California on their sales to in-state wholesalers?
California does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers, unless also operating as a California-based importer.
Colorado
How does Colorado define "spirits"?
Per Colorado 47-3-103 (54): "Spirituous liquors" means any alcohol beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in subsections (30) and (59) of this section, shall not be construed to be fermented malt or malt or vinous liquor but shall be construed to be spirituous liquor.
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Is Colorado a control state?
No, Colorado is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Colorado?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Colorado.
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Can an out-of-state spirits manufacturer ship direct to consumers in Colorado?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Colorado.
LICENSING
What license does Colorado require for out-of-state suppliers to sell to in-state wholesalers?
Colorado requires an Importer's Vinous and Spiritous License for out-of-state suppliers to sell to in-state wholesalers.
How much does Colorado charge for the supplier license?
Colorado charges $300 for its license for out-of-state suppliers, plus an initial application fee of $1,550.
Do I need to have money held in bond to obtain a license in Colorado?
No, you do not need money held in bond to obtain a license in Colorado.
Does Colorado require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Colorado does not require an in-state representative for suppliers.
REGISTRATIONS
Does Colorado require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Colorado requires product brand/labels to be registered per brand before they can be sold to in-state wholesalers.
Does Colorado require price posting?
No, Colorado does not require price posting.
Does Colorado require Distributor Agreements to be filed with state regulators?
No, Colorado does not require Distributor Agreements to be filed with state regulators.
Does Colorado require territory assignments to be filed with state regulators?
No, Colorado does not require territory assignments to be filed with state regulators.
Does Colorado have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Colorado does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Colorado?
In Colorado, retailers may be provided with spirits samples of no more than 3 liters of a particular brand; but such sampling must be made with the wholesaler present and with no condition that the sampling lead to a purchase by the retailers.
Are there franchise rules in Colorado that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Colorado that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Colorado have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Colorado prohibits any importation of alcohol from any unlicensed importer or any licensee other than the primary source of the supply in the United States, unless said licensee provides proof being the sole source of supply in Colorado.
Does Colorado require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, in Colorado deliveries must come to rest at wholesaler's in-state location.
FILINGS
What excise tax does Colorado impose on spirits?
Colorado imposes an excise tax on spirits of $0.6026 per liter.
Does Colorado require out-of-state suppliers to remit the excise taxes?
No, Colorado does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Colorado on their sales to in-state wholesalers?
Colorado does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers.
Connecticut
How does Connecticut define "spirits"?
Per Connecticut545-30-1 (18): “Spirits” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including brandy, rum, whiskey and gin.
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Is Connecticut a control state?
No, Connecticut is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Connecticut?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Connecticut.
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Can an out-of-state spirits manufacturer ship direct to consumers in Connecticut?
Generally an out-of-state spirits manufacturer may not ship direct to consumers in Connecticut. However, Connecticut residents may apply for permission from the Connecticut DRS to receive a special order shipment from distillers. Additionally, distillers should only fulfill such shipments if they receive a completed BT-100 form approved by the CT DRS.
LICENSING
What license does Connecticut require for out-of-state suppliers to sell to in-state wholesalers?
Connecticut requires an out-of-state Shipper's Permit for Alcoholic Liquor for out-of-state suppliers to sell to in-state wholesalers.
How much does Connecticut charge for the supplier license?
Connecticut charges $1,250 for its out-of-state supplier license, plus a $100 initial application fee.
Do I need to have money held in bond to obtain a license in Connecticut?
No, you do not need money held in bond to obtain a license in Connecticut.
Does Connecticut require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Connecticut does not require an in-state representative for suppliers.
REGISTRATIONS
Does Connecticut require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Connecticut requires product brand/labels to be registered per brand before they can be sold to in-state wholesalers.
Does Connecticut require price posting?
Yes, Connecticut requires price posting; prices must be posted monthly with the DCP.
Does Connecticut require Distributor Agreements to be filed with state regulators?
Yes, Connecticut requires Distributor Agreements to be filed with state regulators.
Does Connecticut require territory assignments to be filed with state regulators?
Yes, Connecticut requires territory assignments to be filed with state regulators.
Does Connecticut have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No; while wholesalers may only distribute within their designated territory, spirits suppliers may designate multiple distributors in a given territory in Connecticut.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Connecticut?
In Connecticut, a spirits supplier may provide samples of a maximum of 200 mL per bottle, and only to a party authorized to purchase alcohol from a supplier and who has not sold the brand within the previous 12 month. Bottles must be clearly labeled "Free Sample."
Are there franchise rules in Connecticut that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are no franchise rules in Connecticut that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Connecticut have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes. In Connecticut, if the registrant of a brand label is not the manufacturer, they must include an authorization letter to sell the brand from the manufacturer.
Does Connecticut require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, in Connecticut products must be inventoried by the wholesaler before they can deliver them to a retailer.
FILINGS
What excise tax does Connecticut impose on spirits?
Connecticut imposes an excise tax on spirits of $5.94 per gallon.
Does Connecticut require out-of-state suppliers to remit the excise taxes?
No, Connecticut does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Connecticut on their sales to in-state wholesalers?
Connecticut requires monthly follow-up reports, namely the AU-933 Report of Shipments.
Delaware
How does Delaware define "spirits"?
Per Delaware 4-101 (42) “Spirits” means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey and gin.
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Is Delaware a control state?
No, Delaware is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Delaware?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Delaware.
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Can an out-of-state spirits manufacturer ship direct to consumers in Delaware?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Delaware.
LICENSING
What license does Delaware require for out-of-state suppliers to sell to in-state wholesalers?
Delaware requires an out-of-state Supplier License for out-of-state suppliers to sell to in-state wholesalers.
How much does Delaware charge for the supplier license?
Delaware charges $100 for its out-of-state supplier license if "limited" (shipping 200 or less cases annually) and $1,000 if "unlimited" (shipping more than 200 cases per year).
Do I need to have money held in bond to obtain a license in Delaware?
No, you do not need money held in bond to obtain a license in Delaware.
Does Delaware require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Delaware requires suppliers have an in-state representative.
REGISTRATIONS
Does Delaware require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Delaware does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Delaware require price posting?
No, Delaware does not require price posting.
Does Delaware require Distributor Agreements to be filed with state regulators?
Yes, Delaware requires Distributor Agreements to be filed with state regulators.
Does Delaware require territory assignments to be filed with state regulators?
No, Delaware does not require territory assignments to be filed with state regulators.
Does Delaware have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Delaware does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Delaware?
In Delaware, spirits suppliers may provide samples up to a 3 gallon maximum of all products for tax-free samples; must be labelled as "SAMPLE FOR TASTING — NOT FOR SALE".
Are there franchise rules in Delaware that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Delaware that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Delaware have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, there are sourcing restrictions required by ruling of the Delaware ABC.
Does Delaware require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. In Delaware, spirits products must be unloaded and physically stored at wholesaler's warehouse for 18 hours minimum.
FILINGS
What excise tax does Delaware impose on spirits?
Delaware imposes an excise tax of $3.00 per gallon for spirits with an ABV of 25% or less; $4.50 per gallon for spirits with an ABV greater than 25%.
Does Delaware require out-of-state suppliers to remit the excise taxes?
No, Delaware does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Delaware on their sales to in-state wholesalers?
Delaware requires a Supplier Report from out-of-state suppliers on their sales to in-state wholesalers.
D.C. (District of Columbia)
How does D.C. define "spirits"?
Per District of Columbia 25-101 (49) “Spirits” means: (A) A beverage which contains alcohol mixed with water and other substances in solution, including brandy, rum, whisky, cordials, and gin; and (B) An alcoholic beverage containing more than 15% alcohol.
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Is D.C. a control state?
No, D.C. is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in D.C.?
Yes, but only to holders of an "Importation Permit" where the ABRA has been satisfied that the brands being distributed are not available to that permit holder from another licensee based in the District of Columbia.
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Can an out-of-state spirits manufacturer ship direct to consumers in D.C.?
Yes, an out-of-state spirits manufacturer may ship direct to consumers in D.C.
LICENSING
What license does D.C. require for out-of-state suppliers to sell to in-state wholesalers?
D.C. does not require a license for out-of-state suppliers to sell to in-state wholesalers; however, while non-local distillers are not required to be licensed to have their products sold in the District, only parties licensed to import spirits into the District may actually bring it in.
How much does D.C. charge for the supplier license?
n/a
Do I need to have money held in bond to obtain a license in D.C.?
No, you do not need money held in bond to obtain a license in D.C.
Does D.C. require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, D.C. does not require an in-state representative for suppliers.
REGISTRATIONS
Does D.C. require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, D.C. does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does D.C. require price posting?
No, D.C. does not require price posting.
Does D.C. require Distributor Agreements to be filed with state regulators?
No, D.C. does not require Distributor Agreements to be filed with state regulators.
Does D.C. require territory assignments to be filed with state regulators?
No, D.C. does not require territory assignments to be filed with state regulators.
Does D.C. have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, D.C. does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in D.C.?
In D.C., a spirits supplier may provide samples of a maximum of 3 liters per brand, and only to a retailer who has not purchased that brand before.
Are there franchise rules in D.C. that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in D.C. that restrict a spirit's supplier's ability to negotiate or cancel their distributor agreements.
Does D.C. have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, D.C. does not have sourcing restrictions on whom wholesalers can purchase from.
Does D.C. require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No, there are no specific come to rest provisions noted in D.C.
FILINGS
What excise tax does D.C. impose on spirits?
D.C. imposes an excise tax on spirits of $1.50 per gallon.
Does D.C. require out-of-state suppliers to remit the excise taxes?
No, D.C. does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with D.C. on their sales to in-state wholesalers?
D.C. does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers.
Florida
How does Florida define "spirits"?
Per Florida 565.01: The words “liquor,” “distilled spirits,” “spirituous liquors,” “spirituous beverages,” or “distilled spirituous liquors” mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
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Is Florida a control state?
No, Florida is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Florida?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Florida.
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Can an out-of-state spirits manufacturer ship direct to consumers in Florida?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Florida.
LICENSING
What license does Florida require for out-of-state suppliers to sell to in-state wholesalers?
Florida requires a Primary American Source of Supply license for out-of-state suppliers to sell to in-state wholesalers.
How much does Florida charge for the supplier license?
Florida charges out-of-state suppliers $15 per individual COLA that the party will register for sale in Florida per year.
Do I need to have money held in bond to obtain a license in Florida?
No, you do not need money held in bond to obtain a license in Florida.
Does Florida require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Florida does not require an in-state representative for suppliers.
REGISTRATIONS
Does Florida require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Florida requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Florida require price posting?
No, Florida does not require price posting by suppliers; price postings are made by Florida wholesalers.
Does Florida require Distributor Agreements to be filed with state regulators?
No, Florida does not require Distributor Agreements to be filed with state regulators.
Does Florida require territory assignments to be filed with state regulators?
No, Florida does not require territory assignments to be filed with state regulators.
Does Florida have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Florida does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Florida?
In Florida, a spirits supplier may provide samples of a maximum of 3 liters per brand, and only to a retailer who has not purchased that brand before.
Are there franchise rules in Florida that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Florida that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Florida have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Florida has sourcing restrictions on whom wholesalers can purchase from.
Does Florida require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, products may be delivered only to a licensed Florida manufacturer, distributor or exporter.
FILINGS
What excise tax does Florida impose on spirits?
Florida imposes an excise tax of $2.25 per gallon for spirits with an ABV less than 17.259%; $6.50 per gallon for spirits with an ABV of 17.259-55.78%; and $9.53 per gallon for spirits with an ABV greater than 55.78%.
Does Florida require out-of-state suppliers to remit the excise taxes?
No, Florida does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Florida on their sales to in-state wholesalers?
Florida requires report 4000A-125-3 Spirit Beverages Shipped to/within Florida.
Georgia
How does Georgia define "spirits"?
Per Georgia 3-1-2: "Distilled spirits" means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume.
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Is Georgia a control state?
No, Georgia is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Georgia?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Georgia.
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Can an out-of-state spirits manufacturer ship direct to consumers in Georgia?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Georgia.
LICENSING
What license does Georgia require for out-of-state suppliers to sell to in-state wholesalers?
Georgia requires an out-of-state Distillery license for out-of-state suppliers to sell to in-state wholesalers.
How much does Georgia charge for the supplier license?
Georgia charges $1,000 for an out-of-state supplier license, plus $100 initial application fee.
Do I need to have money held in bond to obtain a license in Georgia?
Yes, a $10,000 corporate bond is required, filed on form ATT-108, to obtain a license in Georgia.
Does Georgia require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Distillery Representatives operating in Georgia must be licensed by the Georgia ABC. A Distillery license includes one Representative permit, while additional permits cost $10 each.
REGISTRATIONS
Does Georgia require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Georgia requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Georgia require price posting?
No, Georgia does not require price posting.
Does Georgia require Distributor Agreements to be filed with state regulators?
Yes, Georgia requires Distributor Agreements to be filed with state regulators.
Does Georgia require territory assignments to be filed with state regulators?
Yes, Georgia requires territory assignments to be filed with state regulators.
Does Georgia have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
Yes, Georgia has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Georgia?
Only licensed Representatives may provide retailers with samples in Georgia.
Are there franchise rules in Georgia that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Georgia that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Georgia have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, Georgia does not have sourcing restrictions on whom wholesalers can purchase from, but if you are not the brand owner, a letter of authority is required to register brands.
Does Georgia require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Georgia.
FILINGS
What excise tax does Georgia impose on spirits?
Georgia imposes an excise tax on spirits of $1.00 per liter.
Does Georgia require out-of-state suppliers to remit the excise taxes?
No, Georgia does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Georgia on their sales to in-state wholesalers?
Georgia requires the ATT-11 Monthly Report of Distilled Spirits Shipments from out-of-state suppliers on their sales to in-state wholesalers.
Hawaii
How does Hawaii define "spirits"?
Per Hawaii 244D-1: "Distilled spirits" means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof, but does not include beer, draft beer, cooler beverage, or wine.
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Is Hawaii a control state?
No, Hawaii is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Hawaii?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Hawaii.
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Can an out-of-state spirits manufacturer ship direct to consumers in Hawaii?
Generally, out-of-state spirits manufacturers may not ship direct to consumers in Hawaii. However, residents of Honolulu County may apply for permission from the Honolulu Liquor Commission to receive a special order shipment from distillers. Additionally, distillers should only fulfill such shipments if they receive an order that expresses the consumer has received that permission. This is unavailable for other Hawaiian counties.
LICENSING
What license does Hawaii require for out-of-state suppliers to sell to in-state wholesalers?
Hawaii does not require a license for out-of-state suppliers to sell to in-state wholesalers.
How much does Hawaii charge for the supplier license?
n/a
Do I need to have money held in bond to obtain a license in Hawaii?
No, you do not need money held in bond to obtain a license in Hawaii.
Does Hawaii require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Hawaii does not require an in-state representative for suppliers.
REGISTRATIONS
Does Hawaii require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Hawaii does not require product/brand labels to be registered before they can be sold to in-state wholesalers. However, Honolulu county appreciates being notified of new products.
Does Hawaii require price posting?
No, Hawaii does not require price posting.
Does Hawaii require Distributor Agreements to be filed with state regulators?
No, Hawaii does not require Distributor Agreements to be filed with state regulators.
Does Hawaii require territory assignments to be filed with state regulators?
No, Hawaii does not require territory assignments to be filed with state regulators.
Does Hawaii have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Hawaii does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Hawaii?
In Hawaii, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Hawaii that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Hawaii that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Hawaii have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes. In Hawaii, importing licensees may only purchase or receive spirits from the primary source of supply.
Does Hawaii require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. All products must be delivered to a Hawaii wholesaler's warehouse and held there for at least 48 hours.
FILINGS
What excise tax does Hawaii impose on spirits?
Hawaii imposes an excise tax on spirits of $5.98 per gallon.
Does Hawaii require out-of-state suppliers to remit the excise taxes?
No, Hawaii does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Hawaii on their sales to in-state wholesalers?
Hawaii does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers.
Idaho
How does Idaho define "spirits"?
Idaho defines spirits as follows: 23-105 (b): "Spirits," meaning any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, among other things, brandy, rum, whiskey and gin.
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Is Idaho a control state?
Yes, Idaho is a control state.
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Are all spirits sold through Idaho's control system?
No, spirits with an ABV under 14% may be sold through the private sector under wine distribution laws in Idaho.
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Can an out-of-state spirits manufacturer ship direct to consumers in Idaho?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Idaho.
LICENSING
Does Idaho require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No, Idaho does not require a license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Idaho?
Only licensed representatives may sell to the Idaho State Liquor Division (SLD).
Does Idaho require suppliers' representatives to have a license to present a listing offer?
Yes, a supplier may designate a maximum of five representatives to sell to the Idaho State Liquor Division, at least one of whom must be a resident of Idaho. Representative licenses costs $50 each and must be renewed annually. Licensed representatives may represent more than one supplier.
REGISTRATIONS
When does Idaho hold hearings or otherwise consider new listings?
Idaho considers news listings the first of each month.
What size limits does Idaho impose on spirits products?
Idaho does not impose size limits on spirits product listings.
What sort of information does Idaho require when presenting a listing offer?
Idaho requires spirits supplier representatives to provide a product description, formal price quote, and a list of other states where the product is sold. Other market data, such as sales trends and product comparisons, are optional. Suppliers must also provide advertising support and a tasting sample.
How does Idaho determine their pricing for listed products?
The Idaho State Liquor Division provides a calculator on their website for determining the pricing of listed products.
How does Idaho manage price changes?
Price changes must be formally submitted to the Idaho State Liquor Division on state-provided quotation forms for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Idaho use NABCA code labels or its own codes?
Idaho uses NABCA product codes.
Does Idaho enable suppliers to provide their own samples to in-state retailers?
Licensed representatives may provide a sample to Idaho retailers under federal regulations. Idaho further conditions that spirits samples may not exceed 500 mL in size and may not include products that are already carried by the retailer.
Where can a supplier find more information about Idaho's listing process?
Contact the Idaho State Liquor Division: https://liquor.idaho.gov/product-listing.html.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Idaho control board?
No, Idaho does not require a follow up reports from spirits suppliers for sales to its control board.
Illinois
How does Illinois define "spirits"?
Per Illinois 1-3.02: "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
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Is Illinois a control state?
No, Illinois is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Illinois?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Illinois.
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Can an out-of-state spirits manufacturer ship direct to consumers in Illinois?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Illinois.
LICENSING
What license does Illinois require for out-of-state suppliers to sell to in-state wholesalers?
Illinois requires a Non-Resident Dealer license for out-of-state suppliers to sell to in-state wholesalers.
How much does Illinois charge for the supplier license?
Illinois charges $1,500 for licensees producing 500,000 or more gallons per year and $350 for licensees producing less than 500,000 gallons per year for out-of-state suppliers to sell to in-state wholesalers. Renewals get a discounted fee if processed online.
Do I need to have money held in bond to obtain a license in Illinois?
No, you do not need money held in bond to obtain a license in Illinois.
Does Illinois require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, in Illinois any agents who contact retailers in the state on behalf of a supplier must register for no fee with the ILCC.
REGISTRATIONS
Does Illinois require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Illinois requires product brand/labels to be registered for each COLA before they can be sold to in-state wholesalers.
Does Illinois require price posting?
No, Illinois does not require price posting.
Does Illinois require Distributor Agreements to be filed with state regulators?
Yes, Illinois requires Distributor Agreements to be filed with state regulators.
Does Illinois require territory assignments to be filed with state regulators?
Yes, Illinois requires territory assignments to be filed with state regulators.
Does Illinois have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Illinois does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Illinois?
In Illinois, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Illinois that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Illinois that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements, but when terminating an agreement, the supplier must file a "Withdrawal of Registration" form with all parties involved.
Does Illinois have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes. In Illinois, wholesalers may only purchase or receive wine from the primary source of supply.
Does Illinois require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Illinois.
FILINGS
What excise tax does Illinois impose on spirits?
Illinois imposes an excise tax of $0.231 per gallon for spirits with an ABV of 20% or less; $1.39 per gallon for spirits with an ABV greater than 20%.
Does Illinois require out-of-state suppliers to remit the excise taxes?
No, Illinois does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Illinois on their sales to in-state wholesalers?
Illinois requires the RL-26-L Out-of-State Seller's Shipment Report from out-of-state suppliers on their sales to in-state wholesalers.
Indiana
How does Indiana define "spirits"?
Per Indiana 7.1-1-3-21 The term "liquor" means an alcoholic beverage containing alcohol obtained by distillation. The term also means a wine that contains twenty-one per cent (21%), or more, of alcohol reckoned by volume. However, the term does not include industrial alcohol.
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Is Indiana a control state?
No, Indiana is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Indiana?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Indiana.
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Can an out-of-state spirits manufacturer ship direct to consumers in Indiana?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Indiana.
LICENSING
What license does Indiana require for out-of-state suppliers to sell to in-state wholesalers?
Primary Source Supplier registration is required for out-of-state suppliers to sell to in-state wholesalers in Indiana, and must be renewed annually.
How much does Indiana charge for the supplier license?
Indiana does not charge for its registration for out-of-state suppliers to sell to in-state wholesalers.
Do I need to have money held in bond to obtain a license in Indiana?
No, you do not need money held in bond to obtain a license in Indiana.
Does Indiana require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, in Indiana at least one salesperson must be registered in the state. The fee is $20 every two years.
REGISTRATIONS
Does Indiana require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Indiana does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Indiana require price posting?
No, Indiana does not require price posting.
Does Indiana require Distributor Agreements to be filed with state regulators?
Yes, Indiana requires Distributor Agreements to be filed with state regulators and they must be included with the initial license application.
Does Indiana require territory assignments to be filed with state regulators?
No, Indiana does not require territory assignments to be filed with state regulators.
Does Indiana have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Indiana does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Indiana?
In Indiana, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Indiana that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Indiana that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Indiana have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Indiana has sourcing restrictions on whom wholesalers can purchase from.
Does Indiana require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Indiana.
FILINGS
What excise tax does Indiana impose on spirits?
Indiana imposes an excise tax on spirits of $2.68 per gallon.
Does Indiana require out-of-state suppliers to remit the excise taxes?
No, Indiana does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Indiana on their sales to in-state wholesalers?
Indiana requires the Monthly Primary Source Suppliers Report from out-of-state suppliers on their sales to in-state wholesalers.
Iowa
How does Iowa define "spirits"?
Iowa defines spirits as follows: 123-3 50: “Spirits” means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whisky, and gin.
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Is Iowa a control state?
Yes, Iowa is a control state.
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Are all spirits sold through Iowa's control system?
No, spirits with an ABV under 6.25% and canned cocktails with an ABV between 6.25-15% may be sold in the private sector in Iowa.
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Can an out-of-state spirits manufacturer ship direct to consumers in Iowa?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Iowa.
LICENSING
Does Iowa require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Iowa requires a Distiller's Certificate of Compliance for out-of-state spirits suppliers to sell to the control board.
If required, how much does Iowa charge for that license?
Iowa charges $50 for its license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Iowa?
A supplier's representatives or brokers may present and promote spirits for sale in Iowa.
Does Iowa require suppliers' representatives to have a license to present a listing offer?
All representatives and brokers must be licensed with the Iowa Alcoholic Beverages Division (ABD). Suppliers' representatives registration is included in the process of applying for a Certificate of Compliance, though a representative may work for more than one supplier at a time. A Broker's Permit is required for independent brokers representing suppliers during listings.
REGISTRATIONS
When does Iowa hold hearings or otherwise consider new listings?
Listings may be presented to the Iowa ABD throughout the year through the ABD's Vendor Portal.
What size limits does Iowa impose on spirits products?
Iowa does not impose size limits on spirits product listings.
What sort of information does Iowa require when presenting a listing offer?
Iowa requires spirits supplier representatives and brokers to provide a product description and formal price quote, including a description of the packaging and cases that the product will be sold in. Other market data, such as sales trends and product comparisons, are optional. Suppliers must also provide advertising and other logistical support.
How does Iowa determine their pricing for listed products?
By statute, Iowa imposes a mark-up of 50% on the wholesale price of a product sold to the Alcoholic Beverages Division, though the ABD can increase the mark-up on select products at its discretion.
How does Iowa manage price changes?
Price changes must be formally submitted to the Iowa Alcoholic Beverages Division for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Iowa use NABCA code labels or its own codes?
Iowa uses NABCA product codes.
Does Iowa enable suppliers to provide their own samples to in-state retailers?
Licensed representatives may provide samples to Iowa in sizes that do not exceed 500 mL and only for products that the retailer did not purchase in the previous 12 months.
Where can a supplier find more information about Iowa's listing process?
Contact the Iowa Alcoholic Beverages Division: https://abd.iowa.gov/alcohol/listing-your-product-iowa.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Iowa control board?
No, Iowa does not require a follow up reports from spirits suppliers for sales to its control board.
Kansas
How does Kansas define "spirits"?
Per Kansas 41-102 (hh): "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
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Is Kansas a control state?
No, Kansas is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Kansas?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Kansas.
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Can an out-of-state spirits manufacturer ship direct to consumers in Kansas?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Kansas.
LICENSING
What license does Kansas require for out-of-state suppliers to sell to in-state wholesalers?
Kansas requires a Supplier Permit license for out-of-state suppliers to sell to in-state wholesalers.
How much does Kansas charge for the supplier license?
Kansas charges $25 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Kansas?
No, you do not need money held in bond to obtain a license in Kansas.
Does Kansas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Kansas does not require an in-state representative for suppliers.
REGISTRATIONS
Does Kansas require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Kansas requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Kansas require price posting?
Yes, Kansas requires price posting.
Does Kansas require Distributor Agreements to be filed with state regulators?
Yes, Kansas requires Distributor Agreements to be filed with state regulators.
Does Kansas require territory assignments to be filed with state regulators?
Yes, Kansas requires territory assignments to be filed with state regulators.
Does Kansas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
Yes, Kansas has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Kansas?
In Kansas, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Kansas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Kansas that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Kansas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Kansas wholesalers may only receive spirits from the primary source or other Kansas wholesalers.
Does Kansas require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Kansas.
FILINGS
What excise tax does Kansas impose on spirits?
Kansas imposes an excise tax on spirits of $2.50 per gallon.
Does Kansas require out-of-state suppliers to remit the excise taxes?
No, Kansas does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Kansas on their sales to in-state wholesalers?
Kansas requires the ABC-1003 Monthly Report of Shipments to Distributors from out-of-state suppliers on their sales to in-state wholesalers.
Kentucky
How does Kentucky define "spirits"?
Per Kentucky 241-010 (25): "Distilled spirits" or "spirits" means any product capable of being consumed by a human being which contains alcohol in excess of the amount permitted by KRS Chapter 242 obtained by distilling, mixed with water or other substances in solution, except wine, hard cider, and malt beverages.
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Is Kentucky a control state?
No, Kentucky is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Kentucky?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Kentucky.
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Can an out-of-state spirits manufacturer ship direct to consumers in Kentucky?
Yes, an out-of-state spirits manufacturer may ship direct to consumers in Kentucky.
LICENSING
What license does Kentucky require for out-of-state suppliers to sell to in-state wholesalers?
Kentucky requires an Out-of-State Distilled Spirits and Wine Supplier's License for out-of-state suppliers to sell to in-state wholesalers.
How much does Kentucky charge for the supplier license?
Kentucky charges $1,550 per year for its out-of-state supplier license if importing more than 50,000 gallons annually into Kentucky, or $260 per year if importing 50,000 gallons or less.
Do I need to have money held in bond to obtain a license in Kentucky?
No, you do not need money held in bond to obtain a license in Kentucky.
Does Kentucky require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Kentucky requires a Special Agent or Solicitor's License for any person soliciting orders for suppliers.
REGISTRATIONS
Does Kentucky require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Kentucky requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Kentucky require price posting?
No, Kentucky does not require price posting.
Does Kentucky require Distributor Agreements to be filed with state regulators?
Yes, Kentucky requires Distributor Agreements to be filed with state regulators. Designated wholesalers must register their consent to distribute each label that is registered.
Does Kentucky require territory assignments to be filed with state regulators?
Yes, Kentucky requires territory assignments to be filed with state regulators.
Does Kentucky have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Kentucky does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Kentucky?
Only approved representatives may provide samples to retailers in Kentucky; they must receive samples from designated wholesalers and may not have in their possession at any one time more than 32 oz. of any one brand, or 3 gallons of all brands. All bottles must be labeled "Sample - Not for Sale".
Are there franchise rules in Kentucky that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Kentucky that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Kentucky have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, in Kentucky only the primary source may register a label.
Does Kentucky require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. In Kentucky, spirits products must be delivered to a wholesaler's warehouse and remain there for at least 24 hours.
FILINGS
What excise tax does Kentucky impose on spirits?
Kentucky imposes an excise tax on spirits of $1.92 per gallon, plus $0.05 per case.
Does Kentucky require out-of-state suppliers to remit the excise taxes?
No, Kentucky does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Kentucky on their sales to in-state wholesalers?
Kentucky requires the ABC-1003 Monthly Report of Shipments to Distributors from out-of-state suppliers on their sales to in-state wholesalers.
Louisiana
How does Louisiana define "spirits"?
Per Louisiana 26-2 (12): "Liquor" means all distilled or rectified alcoholic spirits, brandy, whiskey, rum, gin, and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and similar compounds.
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Is Louisiana a control state?
No, Louisiana is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Louisiana?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Louisiana.
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Can an out-of-state spirits manufacturer ship direct to consumers in Louisiana?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Louisiana.
LICENSING
What license does Louisiana require for out-of-state suppliers to sell to in-state wholesalers?
Louisiana requires an Out-of-State Manufacturer/Supplier Permit for out-of-state suppliers to sell to in-state wholesalers.
How much does Louisiana charge for the supplier license?
Louisiana charges $200 for its out-of-state supplier license if selling less than 1,000 cases per year, or $1,000 if selling 1,000 cases or more per year.
Do I need to have money held in bond to obtain a license in Louisiana?
No, you do not need money held in bond to obtain a license in Louisiana.
Does Louisiana require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Louisiana requires a Solicitor/Broker Permit for suppliers.
REGISTRATIONS
Does Louisiana require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Louisiana requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Louisiana require price posting?
No, Louisiana does not require price posting.
Does Louisiana require Distributor Agreements to be filed with state regulators?
No, Louisiana does not require Distributor Agreements to be filed with state regulators.
Does Louisiana require territory assignments to be filed with state regulators?
No, Louisiana does not require territory assignments to be filed with state regulators.
Does Louisiana have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Louisiana does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Louisiana?
In Louisiana, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Louisiana that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Louisiana that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Louisiana have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, Louisiana does not have sourcing restrictions on whom wholesalers can purchase from.
Does Louisiana require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Louisiana.
FILINGS
What excise tax does Louisiana impose on spirits?
Louisiana imposes an excise tax on spirits of $0.80 per liter.
Does Louisiana require out-of-state suppliers to remit the excise taxes?
No, Louisiana does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Louisiana on their sales to in-state wholesalers?
Louisiana requires that ABC-1003 Monthly Report of Shipments to Distributors from out-of-state suppliers on their sales to in-state wholesalers.
Maine
How does Maine define "spirits"?
Maine defines spirits as follows: 28a-1-2 31. Spirits. "Spirits" means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. "Spirits" does not include low-alcohol spirits products or fortified wine.
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Is Maine a control state?
Yes, Maine is a control state.
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Are all spirits sold through Maine's control system?
No, "low-alcohol spirits" with an ABV less than 8% may be sold in the private sector in Maine.
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Can an out-of-state spirits manufacturer ship direct to consumers in Maine?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Maine.
LICENSING
Does Maine require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Maine requires a Certificate of Approval for out-of-state spirits suppliers to sell to the control board.
If required, how much does Maine charge for that license?
Maine charges $100, if transporting 450 or fewer liters per year, or $1,000, if transporting over 450 liters per year, for its license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Maine?
Only licensed local brokers may present products for listing with the Maine Bureau of Alcoholic Beverages & Lottery Operations. A list of licensed brokers is available on the BABLO website.
Does Maine require suppliers' representatives to have a license to present a listing offer?
All brokers must be licensed by the Maine Bureau of Alcoholic Beverages & Lottery Operations. If a supplier wants to be represented by someone who is not currently on the list provided by BABLO, that person must be a Maine resident and receive a Maine Sales Representative License for $50.
REGISTRATIONS
When does Maine hold hearings or otherwise consider new listings?
Maine considers new requests for spirits listings on a monthly basis. Contact the Maine Bureau of Alcoholic Beverages & Lottery Operations directly for more specific dates.
What size limits does Maine impose on spirits products?
Maine does not impose size limits on spirits product listings.
What sort of information does Maine require when presenting a listing offer?
All proposed new spirits SKU listings in Maine must include a COLA, an electronic sell sheet, a $150 listing fee per size, and a sample bottle. Maine uses the NABCA Price Quotation Reporting System for listings. Brokers must also complete an ACH authorization form for payments.
How does Maine determine their pricing for listed products?
In Maine, retail prices are determined by a combination of the wholesale price, a markup, a $1.25 per proof gallon premium tax, and minimum state profits. Markups and minimum state profits are provided based on the category and bottle size of the spirits product. A schedule is available on the "Becoming a Spirits Supplier" page of the BABLO website.
How does Maine manage price changes?
Price changes must be formally submitted to the Maine BABLO for approval 90 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Maine use NABCA code labels or its own codes?
Maine uses NABCA product codes.
Does Maine enable suppliers to provide their own samples to in-state retailers?
A licensed sales representative may provide samples of spirits to Maine retailers only if the product is listed for sale in Maine and is labeled as a sample. Samples must come from the supplier's bailment inventory held at the state's warehouses.
Where can a supplier find more information about Maine's listing process?
Contact the Maine Bureau of Alcoholic Beverages & Lottery Operations: https://www.maine.gov/dafs/bablo/spirits/becoming-a-spirits-supplier.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Maine control board?
No, Maine does not require a follow up reports from spirits suppliers for sales to its control board.
Maryland
How does Maryland define "spirits"?
Per Maryland Tax Code 5-101 (g) (1): “Distilled spirits” means a distilled alcoholic beverage.
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Is Maryland a control state?
No, Maryland is not a control state - except for sales to Montgomery County.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Maryland?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Maryland.
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Can an out-of-state spirits manufacturer ship direct to consumers in Maryland?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Maryland.
LICENSING
What license does Maryland require for out-of-state suppliers to sell to in-state wholesalers?
Maryland requires a Non-Resident Dealer license for out-of-state suppliers to sell to in-state wholesalers.
How much does Maryland charge for the supplier license?
Maryland charges $200 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Maryland?
No, you do not need money held in bond to obtain a license in Maryland.
Does Maryland require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Maryland requires that suppliers have an in-state representative.
REGISTRATIONS
Does Maryland require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Maryland does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Maryland require price posting?
No, Maryland does not require price posting.
Does Maryland require Distributor Agreements to be filed with state regulators?
No, Maryland does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed on the license application.
Does Maryland require territory assignments to be filed with state regulators?
No, Maryland does not require territory assignments to be filed with state regulators.
Does Maryland have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Maryland does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Maryland?
Only wholesalers or licensed supplier representatives may provide samples in Maryland.
Are there franchise rules in Maryland that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Maryland that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Maryland have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Suppliers may only provide alcohol that they produce or import, or that they are authorized brand dealers for, to Maryland distributors.
Does Maryland require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. In Maryland, products must be delivered and unloaded at wholesaler's licensed premises.
FILINGS
What excise tax does Maryland impose on spirits?
Maryland imposes an excise tax on spirits of $1.50 per gallon.
Does Maryland require out-of-state suppliers to remit the excise taxes?
No, Maryland does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Maryland on their sales to in-state wholesalers?
Maryland does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers.
Massachusetts
How does Massachusetts define "spirits"?
Per Massachusetts 138-1: ''Alcoholic beverages'', any liquid intended for human consumption as a beverage and containing one half of one per cent or more of alcohol by volume at sixty degrees Fahrenheit. (spirits are distinguished from beverages like beer or wine by being excluded from those definitions).
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Is Massachusetts a control state?
No, Massachusetts is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Massachusetts?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Massachusetts.
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Can an out-of-state spirits manufacturer ship direct to consumers in Massachusetts?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Massachusetts.
LICENSING
What license does Massachusetts require for out-of-state suppliers to sell to in-state wholesalers?
Massachusetts requires a Certificate of Compliance for out-of-state suppliers to sell to in-state wholesalers.
How much does Massachusetts charge for the supplier license?
Massachusetts charges $500 for its out-of-state supplier license if selling more than 5,000 cases annually in the state, or $200 if selling 5,000 or fewer cases annually.
Do I need to have money held in bond to obtain a license in Massachusetts?
No, you do not need money held in bond to obtain a license in Massachusetts.
Does Massachusetts require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Massachusetts requires that suppliers have an in-state representative.
REGISTRATIONS
Does Massachusetts require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Massachusetts does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Massachusetts require price posting?
Yes, Massachusetts does require price posting.
Does Massachusetts require Distributor Agreements to be filed with state regulators?
No, Massachusetts does not require Distributor Agreements to be filed with state regulators.
Does Massachusetts require territory assignments to be filed with state regulators?
No, Massachusetts does not require territory assignments to be filed with state regulators.
Does Massachusetts have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Massachusetts does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Massachusetts?
In Massachusetts, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Massachusetts that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Massachusetts that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Massachusetts have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, wholesalers may only purchase from Primary American Sources, or parties authorized by the Primary American source, in Massachusetts.
Does Massachusetts require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Massachusetts.
FILINGS
What excise tax does Massachusetts impose on spirits?
Massachusetts imposes an excise tax of $4.05 per gallon; spirits with an ABV of 50% or less are taxed per wine gallon, spirits with an ABV greater than 50% are taxed per proof gallon.
Does Massachusetts require out-of-state suppliers to remit the excise taxes?
No, Massachusetts does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Massachusetts on their sales to in-state wholesalers?
Massachusetts requires the AB-10 Report of Alcoholic Beverages Shipped from out-of-state suppliers on their sales to in-state wholesalers.
Michigan
How does Michigan define "spirits"?
Michigan defines spirits as follows: 436-1111 (16): "Spirits" means a beverage that contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21% by volume, except sacramental wine and mixed spirit drink.
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Is Michigan a control state?
Yes, Michigan is a control state.
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Are all spirits sold through Michigan's control system?
No, prepared mixed drinks with an ABV less than 10% may be sold in the private sector in Michigan.
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Can an out-of-state spirits manufacturer ship direct to consumers in Michigan?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Michigan.
LICENSING
Does Michigan require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No license is required to be a "Vendor of Spirits" in Michigan.
Who may represent a supplier when listing a product with Michigan?
A "vendor representative" must be appointed to represent suppliers in transactions with the Michigan Liquor Control Commission (LCC).
Does Michigan require suppliers' representatives to have a license to present a listing offer?
Vendor Representatives must be licensed by the Michigan LCC. A spirits supplier may only have one vendor representative and must submit the necessary paperwork to authorize them to operate in their name. A separate Salesperson License is required for any person who will sell, deliver or promote a supplier's products to Michigan retailers.
REGISTRATIONS
When does Michigan hold hearings or otherwise consider new listings?
New products are released monthly by the Michigan Liquor Control Commission.
What size limits does Michigan impose on spirits products?
Michigan does not impose size limits on spirits product listings.
What sort of information does Michigan require when presenting a listing offer?
Michigan requires proposed listings to include a product description and formal price quotation. Listings must be submitted through the E-Quote system, which is available here.
How does Michigan determine their pricing for listed products?
Michigan applies a base markup factor of 1.65, along with several 4% taxes to determine the price per bottle for spirits listings. A calculator is available on the state's E-Quotes information page.
How does Michigan manage price changes?
Price changes must be formally submitted to the Michigan LCC for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Michigan use NABCA code labels or its own codes?
Michigan uses its own product codes.
Does Michigan enable suppliers to provide their own samples to in-state retailers?
Licensed sales representatives may provide only one bottle no larger than 1 liter for sampling at a time to Michigan retailers. All such bottles must be clearly labeled as a sample.
Where can a supplier find more information about Michigan's listing process?
Contact the Michigan Liquor Control Commission: https://www.michigan.gov/lara/0,4601,7-154-89334_10570_66993---,00.html.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Michigan control board?
Michigan requires Spirits Vendors to provide a quarterly report on their shipments to the state.
Minnesota
How does Minnesota define "spirits"?
Per Minnesota 340A.101 Subd. 9: "Distilled spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.
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Is Minnesota a control state?
No, Minnesota is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Minnesota?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Minnesota.
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Can an out-of-state spirits manufacturer ship direct to consumers in Minnesota?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Minnesota.
LICENSING
What license does Minnesota require for out-of-state suppliers to sell to in-state wholesalers?
Minnesota requires an Importer's License for out-of-state suppliers to sell to in-state wholesalers.
How much does Minnesota charge for the supplier license?
Minnesota charges $420 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Minnesota?
No, you do not need money held in bond to obtain a license in Minnesota.
Does Minnesota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Minnesota requires an Importer's Representative for suppliers.
REGISTRATIONS
Does Minnesota require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Minnesota requires product brand/labels to be registered per label before they can be sold to in-state wholesalers.
Does Minnesota require price posting?
No, Minnesota does not require price posting.
Does Minnesota require Distributor Agreements to be filed with state regulators?
No, Minnesota does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed on the license application.
Does Minnesota require territory assignments to be filed with state regulators?
No, Minnesota does not require territory assignments to be filed with state regulators.
Does Minnesota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Minnesota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Minnesota?
In Minnesota, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Minnesota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Minnesota that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Minnesota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, in Minnesota spirits brands may be only registered by primary sources or their authorized agent; wholesalers may only purchase from brand registrants.
Does Minnesota require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No, there are no specific come to rest provisions in Minnesota.
FILINGS
What excise tax does Minnesota impose on spirits?
Minnesota imposes an excise tax on spirits of $5.03 per gallon, plus one cent per bottle.
Does Minnesota require out-of-state suppliers to remit the excise taxes?
No, Minnesota does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Minnesota on their sales to in-state wholesalers?
Minnesota requires the LB37 Distilled Spirits and Wine Shipment Report from out-of-state suppliers on their sales to in-state wholesalers.
Mississippi
How does Mississippi define "spirits"?
Mississippi defines spirits as follows: 67-1-5 (c): “Distilled spirits” means any beverage containing more than four percent (4%) of alcohol by weight produced by distillation of fermented grain, starch, molasses or sugar, including dilutions and mixtures of these beverages.
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Is Mississippi a control state?
Yes, Mississippi is a control state.
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Are all spirits sold through Mississippi's control system?
Yes, all wines and spirits with an ABW greater than 5% may only be distributed by the Mississippi Control Board. Spirits with an ABW less than 5% are not legal in Mississippi.
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Can an out-of-state spirits manufacturer ship direct to consumers in Mississippi?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Mississippi.
LICENSING
Does Mississippi require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No license is required but the Mississippi Control Board will only purchase from spirits suppliers who have registered with the Mississippi Secretary of State to do business in Mississippi, using form 47-269 at a cost of $10. In addition, a supplier must establish a bailment agreement and register with the state's order and payment systems (these forms are available on the Control Board website for Vendor Registration Forms).
Who may represent a supplier when listing a product with Mississippi?
A supplier selling to the Mississippi Control Board must appoint and register a full-time employee to act as their representative and manager of operations in Mississippi. This representative does not need to be a resident of Mississippi and can appoint in-state brokers or agents to act on their behalf.
Does Mississippi require suppliers' representatives to have a license to present a listing offer?
A spirits supplier's representative must be registered with the Mississippi Control Board and be responsible for all activities taken by any party they've appointed to operate in the state.
REGISTRATIONS
When does Mississippi hold hearings or otherwise consider new listings?
Listing meetings are scheduled four times a year in Mississippi, in February, March, August and November. However, a supplier can solicit orders from licensed Mississippi retailers, and can submit the product for listing consideration at any time once they have reached a sales quota set by the Control Board.
What size limits does Mississippi impose on spirits products?
Mississippi does not impose size limits on spirits product listings.
What sort of information does Mississippi require when presenting a listing offer?
Mississippi requires proposed listings to include a product description and formal price quotation. Brokers may also present optional data on the product's market trends.
How does Mississippi determine their pricing for listed products?
All spirits sold in Mississippi are subject to a $2.50 per gallon excise tax. In addition, the Control Board assesses a 27.5% mark-up on all products they distribute.
How does Mississippi manage price changes?
Price changes must be formally submitted to the Mississippi Control Board for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Mississippi use NABCA code labels or its own codes?
Mississippi uses NABCA product codes.
Does Mississippi enable suppliers to provide their own samples to in-state retailers?
Only licensed supplier's representatives may provide samples of no more than 750 mL of spirits to Mississippi retailers. All samples must be purchased from a retail package permittee or be picked up by the representative from a Mississippi ABC warehouse, and all samples must be tax paid and labeled clearly as "Samples." The representative is responsible for paying all costs associated with the sampled product and filing a regular report detailing the sampling activity that took place.
Where can a supplier find more information about Mississippi's listing process?
Contact the Mississippi Department of Revenue: https://www.dor.ms.gov/abc/general-information-and-links-abc-vendors.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Mississippi control board?
No, Mississippi does not require a follow up reports from spirits suppliers for sales to its control board.
Missouri
How does Missouri define "spirits"?
Per Missouri 11 CSR 70-2.010 (11): Spirituous liquor includes brandy, rum, whiskey, gin, and all other preparations or mixtures for beverage purposes of a like character and excludes all vinous, fermented, or malt liquors.
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Is Missouri a control state?
No, Missouri is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Missouri?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Missouri.
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Can an out-of-state spirits manufacturer ship direct to consumers in Missouri?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Missouri.
LICENSING
What license does Missouri require for out-of-state suppliers to sell to in-state wholesalers?
Missouri requires an Outstate Solicitor's License for out-of-state suppliers to sell to in-state wholesalers.
How much does Missouri charge for the supplier license?
Missouri charges $250 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Missouri?
Yes, depending on the amount a licensee ships into Missouri, a bond of between $1,000 and $100,000 is required to obtain a license.
Does Missouri require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Missouri does not require an in-state representative for suppliers.
REGISTRATIONS
Does Missouri require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Missouri requires product brand/labels to be registered per label before they can be sold to in-state wholesalers.
Does Missouri require price posting?
No, Missouri does not require price posting.
Does Missouri require Distributor Agreements to be filed with state regulators?
Yes, Missouri requires Distributor Agreements to be filed with state regulators.
Does Missouri require territory assignments to be filed with state regulators?
Yes, Missouri requires territory assignments to be filed with state regulators.
Does Missouri have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Missouri does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Missouri?
Wholesalers only may provide retailers with samples in Missouri, and only of brands the retailer has not purchased before, in containers less than 750 mL. Taxes must be paid.
Are there franchise rules in Missouri that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Missouri that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Missouri have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, in Missouri spirits labels may only be registered by Primary Source, and wholesalers may only purchase from label registrants.
Does Missouri require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Missouri.
FILINGS
What excise tax does Missouri impose on spirits?
Missouri imposes an excise tax on spirits of $2.00 per gallon.
Does Missouri require out-of-state suppliers to remit the excise taxes?
Yes, Missouri requires out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Missouri on their sales to in-state wholesalers?
Missouri requires the Sales to Wholesale Dealers and Monthly Report - Taxes paid online - from out-of-state suppliers on their sales to in-state wholesalers.
Montana
How does Montana define "spirits"?
Montana defines spirits as follows: 16-1-106 (16): "Liquor" means an alcoholic beverage except beer and table wine. The term includes a caffeinated or stimulant-enhanced malt beverage.
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Is Montana a control state?
Yes, Montana is a control state.
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Are all spirits sold through Montana's control system?
Yes, all spirits are sold through Montana's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Montana?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Montana.
LICENSING
Does Montana require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Montana requires a Vendor Permit for out-of-state spirits suppliers to sell to the control board.
If required, how much does Montana charge for that license?
Montana charges $100 for its license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Montana?
Vendor Permittees are required to employ at least one, but no more than four, representatives who will act on their behalf when dealing with the Montana Control Division and who must be under the direct supervision and control of the Vendor Permittee. Vendor's representatives must be residents of Montana.
Does Montana require suppliers' representatives to have a license to present a listing offer?
Spirits Vendor Permittees in Montana must register their representatives at a charge of $50 each.
REGISTRATIONS
When does Montana hold hearings or otherwise consider new listings?
Montana holds listing meetings monthly but new products may be listed at any time, depending on available sales.
What size limits does Montana impose on spirits products?
Montana does not impose size limits on spirits product listings.
What sort of information does Montana require when presenting a listing offer?
Montana only requires spirits vendors to present a product description and the NABCA standard quotation form for a proposed listing.
How does Montana determine their pricing for listed products?
Montana pricing of spirits is based on a combination of excise taxes, license taxes and a standard mark-up, all of which vary depending on the product being sold and the size of the manufacturer. Montana provides a liquor price calculator.
How does Montana manage price changes?
Price changes must be formally submitted to the Montana Control Division for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Montana use NABCA code labels or its own codes?
Montana uses NABCA product codes.
Does Montana enable suppliers to provide their own samples to in-state retailers?
Only registered vendor representatives may provide samples to Montana retailers. Sample bottles may not be larger than 750 mL and cannot be of any product that a retailer has purchased in the previous 12 months. Representatives are limited to no more than 200 total liters of any single product for sampling. Samples must be purchased from agency liquor stores.
Where can a supplier find more information about Montana's listing process?
Contact the Montana Control Division: https://mtrevenue.gov/liquor-tobacco/agency-liquor-stores/product-information/.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Montana control board?
No, Montana does not require a follow up reports from spirits suppliers for sales to its control board.
Nebraska
How does Nebraska define "spirits"?
Per Nebraska 53-103.38: Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution. Spirits includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when rectified, blended, or otherwise mixed with alcohol or other substances. Spirits does not include flavored malt beverages.
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Is Nebraska a control state?
No, Nebraska is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Nebraska?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Nebraska.
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Can an out-of-state spirits manufacturer ship direct to consumers in Nebraska?
Yes, an out-of-state spirits manufacturer may ship direct to consumers in Nebraska.
LICENSING
What license does Nebraska require for out-of-state suppliers to sell to in-state wholesalers?
Nebraska requires a Class "S" Out-of-State Shipper's Permit for out-of-state suppliers to sell to in-state wholesalers.
How much does Nebraska charge for the supplier license?
Nebraska charges $1,000 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Nebraska?
No, you do not need money held in bond to obtain a license in Nebraska.
Does Nebraska require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Nebraska does not require an in-state representative for suppliers.
REGISTRATIONS
Does Nebraska require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Nebraska does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Nebraska require price posting?
No, Nebraska does not require price posting.
Does Nebraska require Distributor Agreements to be filed with state regulators?
No, Nebraska does not require Distributor Agreements to be filed with state regulators.
Does Nebraska require territory assignments to be filed with state regulators?
No, Nebraska does not require territory assignments to be filed with state regulators.
Does Nebraska have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Nebraska does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Nebraska?
In Nebraska, a spirits supplier may provide samples to retailers; samples must be delivered through a wholesaler and taxes must be paid.
Are there franchise rules in Nebraska that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Nebraska that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Nebraska have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Nebraska has sourcing restrictions on whom wholesalers can purchase from.
Does Nebraska require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Nebraska.
FILINGS
What excise tax does Nebraska impose on spirits?
Nebraska imposes an excise tax on spirits of $3.75 per gallon.
Does Nebraska require out-of-state suppliers to remit the excise taxes?
No, Nebraska does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Nebraska on their sales to in-state wholesalers?
Nebraska requires the 35-7080 LCC Spirits and Wine Monthly Report from out-of-state suppliers on their sales to in-state wholesalers.
Nevada
How does Nevada define "spirits"?
Per Nevada 369.040 1: As used in this chapter, "liquor" means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes. (Spirits are not defined as a separate category in Nevada statutes, so instead are distinguished only when other rules specifically mention beer or wine.)
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Is Nevada a control state?
No, Nevada is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Nevada?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Nevada.
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Can an out-of-state spirits manufacturer ship direct to consumers in Nevada?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Nevada.
LICENSING
What license does Nevada require for out-of-state suppliers to sell to in-state wholesalers?
Nevada requires a Certificate of Compliance for out-of-state suppliers to sell to in-state wholesalers.
How much does Nevada charge for the supplier license?
Nevada charges $50 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Nevada?
No, you do not need money held in bond to obtain a license in Nevada.
Does Nevada require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Nevada does not require an in-state representative for suppliers.
REGISTRATIONS
Does Nevada require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Nevada requires that suppliers maintain a list of brands they will sell in Nevada and the list is also signed by the assigned wholesaler.
Does Nevada require price posting?
No, Nevada does not require price posting.
Does Nevada require Distributor Agreements to be filed with state regulators?
Yes, Nevada requires Distributor Agreements to be filed with state regulators and the wholesaler signature must be on the brand registration form.
Does Nevada require territory assignments to be filed with state regulators?
No, Nevada does not require territory assignments to be filed with state regulators.
Does Nevada have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Nevada does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Nevada?
In Nevada, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Nevada that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Nevada that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Nevada have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Nevada has sourcing restrictions on whom wholesalers can purchase from.
Does Nevada require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Nevada.
FILINGS
What excise tax does Nevada impose on spirits?
Nevada imposes an excise tax of $3.60 per gallon for all alcoholic beverages with an ABV greater than 22%; lower-ABV spiritous products are taxed like wine.
Does Nevada require out-of-state suppliers to remit the excise taxes?
No, Nevada does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Nevada on their sales to in-state wholesalers?
Nevada requires the LTD 04 Report of Shipments of Alcoholic Beverages from out-of-state suppliers on their sales to in-state wholesalers.
New Hampshire
How does New Hampshire define "spirits"?
New Hampshire defines spirits as follows: 175-1 XLII: "Liquor" means all distilled and rectified spirits, alcohol, wines, fermented and malt liquors and cider, of over 6 percent alcoholic content by volume at 60 degrees Fahrenheit. Liquor shall not include specialty beer as defined in RSA 175:1, LXIV-a.
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Is New Hampshire a control state?
Yes, New Hampshire is a control state.
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Are all spirits sold through New Hampshire's control system?
Yes, all spirits are sold through New Hampshire's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in New Hampshire?
Yes, an out-of-state spirits manufacturer can ship direct to consumers in New Hampshire.
LICENSING
Does New Hampshire require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, New Hampshire requires a Liquor and Table Wine Vendor License for out-of-state spirits suppliers to sell to the control board.
If required, how much does New Hampshire charge for that license?
New Hampshire charges the following for its license for out-of-state spirits suppliers to sell to the control board: $300 if selling fewer than 1,000 cases per year; $1,500 if selling 1,000-4,999 cases per year; $3,000 if selling 5,000-9,999 cases per year; $6,000 if selling 10,000-24,999 cases per year; $9,000 if selling 25,000-49,999 cases per year; $12,000 if selling 50,000 or more cases per year.
Who may represent a supplier when listing a product with New Hampshire?
Licensed vendors must appoint at least one representative to act on their behalf when soliciting sales of spirits in New Hampshire. A vendor may appoint more than one representative, but a single brand may only be sold by one representative at a time. Representatives must be New Hampshire residents and can employ additional salespeople to assist their activities.
Does New Hampshire require suppliers' representatives to have a license to present a listing offer?
New Hampshire requires spirits suppliers' representative to have be licensed to present a listing offer. New Hampshire charges $500 for representatives employing no more than four salespeople and $1,000 for representatives with more than four salespeople.
REGISTRATIONS
When does New Hampshire hold hearings or otherwise consider new listings?
New Hampshire holds listing meetings monthly, but new products may be listed at any time.
What size limits does New Hampshire impose on spirits products?
New Hampshire does not impose size limits on spirits product listings.
What sort of information does New Hampshire require when presenting a listing offer?
New Hampshire requires proposed listings to include a product description and formal price quote along with market data, such as projected sales and sales data from other states, and samples for the proposed products. In addition, New Hampshire may require advertising and other marketing support. Products that fail to establish a market in the state within six months may be delisted by the state.
How does New Hampshire determine their pricing for listed products?
Spirits pricing depends on the beverage classification as determined by the New Hampshire Liquor Commission, and can vary between 46%-60% mark-up. Reach out to the Liquor Commission for more direction.
How does New Hampshire manage price changes?
Price changes must be formally submitted to the New Hampshire Liquor Commission for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does New Hampshire use NABCA code labels or its own codes?
New Hampshire uses its own product codes.
Does New Hampshire enable suppliers to provide their own samples to in-state retailers?
A sample shall not exceed one 750-mL bottle and must be purchased from the New Hampshire state commission before being provided to a retailer.
Where can a supplier find more information about New Hampshire's listing process?
Contact the New Hampshire Liquor Control Commission: https://www.nh.gov/liquor/products.shtml, though New Hampshire's website does not provide much direct guidance on the listing process; it is recommended to reach out directly to the Commission for more information.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to New Hampshire control board?
No, New Hampshire does not require a follow up reports from spirits suppliers for sales to its control board.
New Jersey
How does New Jersey define "spirits"?
Per New Jersey 54:41-2: "Liquors" means all distilled or rectified spirits, alcohol, brandy, whisky, rum, gin and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, such as liqueurs, cordials, and similar compounds, having an alcoholic content of one-half of one per centum ( 1/2 of 1%) or more by volume.
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Is New Jersey a control state?
No, New Jersey is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in New Jersey?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in New Jersey.
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Can an out-of-state spirits manufacturer ship direct to consumers in New Jersey?
No, an out-of-state spirits manufacturer may not ship direct to consumers in New Jersey.
LICENSING
What license does New Jersey require for out-of-state suppliers to sell to in-state wholesalers?
A license is not required if the out-of-state supplier is consigning products to a New Jersey wholesaler outside of the state; if personally importing products into New Jersey, a Plenary Wholesale License is required, which in turn requires establishing a business location and storage within New Jersey.
How much does New Jersey charge for the supplier license?
New Jersey charges $8,750 for its Plenary Wholesale License.
Do I need to have money held in bond to obtain a license in New Jersey?
Yes, in New Jersey a corporate tax bond of an amount no greater than three times the greatest tax amount on sales during a bi-monthly period in the previous 12 months is required to obtain a license. It can never be less than $1,000 or greater than $1,000,000.
Does New Jersey require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes , New Jersey requires a Solicitor's Permit of $25 annually.
REGISTRATIONS
Does New Jersey require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, New Jersey requires product brand/labels to be registered per label before they can be sold to in-state wholesalers. This must be done by the brand owner or an authorized agent.
Does New Jersey require price posting?
Yes, New Jersey requires price posting.
Does New Jersey require Distributor Agreements to be filed with state regulators?
No, New Jersey does not require Distributor Agreements to be filed with state regulators. However, assigned wholesalers must be listed on the brand label registration.
Does New Jersey require territory assignments to be filed with state regulators?
No, New Jersey does not require territory assignments to be filed with state regulators.
Does New Jersey have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, New Jersey does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in New Jersey?
A separate sampling permit is required; then wholesalers may distribute clearly labeled samples through their New Jersey solicitors. Records must be maintained.
Are there franchise rules in New Jersey that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in New Jersey that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does New Jersey have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, New Jersey has sourcing restrictions on whom wholesalers can purchase from.
Does New Jersey require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. Sales to New Jersey retailers must come from the in-state warehouse of a licensed wholesaler; products must remain in the warehouse for at least 24 hours.
FILINGS
What excise tax does New Jersey impose on spirits?
New Jersey imposes an excise tax on spirits of $5.50 per gallon.
Does New Jersey require out-of-state suppliers to remit the excise taxes?
Yes. Excise taxes are paid by first owner of product in New Jersey, which could include an out-of-state distiller if they get licensed as a New Jersey wholesaler.
What follow-up reports are out-of-state suppliers required to file with New Jersey on their sales to in-state wholesalers?
New Jersey requires the bi-monthly R-2 Wholesaler Excise Tax Report, which includes tax remittance, from out-of-state suppliers on their sales to in-state wholesalers.
New Mexico
How does New Mexico define "spirits"?
Per New Mexico 60-3A-3 Y: "Spirituous liquors" means alcoholic beverages as defined in Subsection A of this section except fermented beverages such as wine, beer, cider and ale.
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Is New Mexico a control state?
No, New Mexico is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in New Mexico?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in New Mexico.
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Can an out-of-state spirits manufacturer ship direct to consumers in New Mexico?
No, an out-of-state spirits manufacturer may not ship direct to consumers in New Mexico.
LICENSING
What license does New Mexico require for out-of-state suppliers to sell to in-state wholesalers?
New Mexico requires a Nonresident Liquor License for out-of-state suppliers to sell to in-state wholesalers.
How much does New Mexico charge for the supplier license?
The cost of a license for out-of-state suppliers to sell to in-state wholesalers in New Mexico depends on annual billing for products sold into the state, ranging from $300 for annual billing of $50,000 or less to $10,500 for annual billing of more than $3M. Licenses last for three years.
Do I need to have money held in bond to obtain a license in New Mexico?
No, you do not to have money held in bond to obtain a license in New Mexico.
Does New Mexico require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, New Mexico does not require an in-state representative for suppliers.
REGISTRATIONS
Does New Mexico require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, New Mexico requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does New Mexico require price posting?
No, New Mexico does not require price posting.
Does New Mexico require Distributor Agreements to be filed with state regulators?
Yes, New Mexico requires Distributor Agreements to be filed with state regulators.
Does New Mexico require territory assignments to be filed with state regulators?
No, New Mexico does not require territory assignments to be filed with state regulators.
Does New Mexico have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, New Mexico does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in New Mexico?
In New Mexico, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in New Mexico that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in New Mexico that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does New Mexico have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, New Mexico has sourcing restrictions on whom wholesalers can purchase from.
Does New Mexico require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes. Goods may be shipped only to New Mexico wholesalers, and must be unloaded at their facility and come into their inventory.
FILINGS
What excise tax does New Mexico impose on spirits?
New Mexico imposes an excise tax on spirits of $1.60 per liter.
Does New Mexico require out-of-state suppliers to remit the excise taxes?
No, New Mexico does not require out of state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with New Mexico on their sales to in-state wholesalers?
New Mexico requires a report detailing each shipment made to be filed monthly from out-of-state suppliers on their sales to in-state wholesalers.
New York
How does New York define "spirits"?
Per New York ABC Law 1-3 29: "Spirits" means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution.
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Is New York a control state?
No, New York is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in New York?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in New York.
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Can an out-of-state spirits manufacturer ship direct to consumers in New York?
No, an out-of-state spirits manufacturer may not ship direct to consumers in New York.
LICENSING
What license does New York require for out-of-state suppliers to sell to in-state wholesalers?
New York requires a Negotiator's Annual Permit for out-of-state suppliers to sell to in-state wholesalers. This allows an out-of-state distillery to designate one or more New York wholesalers as their instate "Brand Agent." Thereafter the Brand Agent is responsible for meeting compliance requirements. Alternatively, an out-of-state distillery may receive a Distilled Spirits Wholesaler's Permit, if it maintains a premises in the state.
How much does New York charge for the supplier license?
New York charges $620 for a three-year Negotiator's Permit for out-of-state suppliers to sell to in-state wholesalers, and $27,280 for a three-year Distilled Spirits Wholesalers Permit.
Do I need to have money held in bond to obtain a license in New York?
For a Negotiator's Permit you do not need to have money held in bond in New York. However, you need money held in bond to obtain a Distilled Spirits Wholesaler's Permit in New York.
Does New York require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, New York requires a Solicitor's Permit for suppliers.
REGISTRATIONS
Does New York require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, New York requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does New York require price posting?
No, New York does not require price posting. Suppliers must inform wholesalers of price changes, but only licensed wholesalers need to file prices with the SLA.
Does New York require Distributor Agreements to be filed with state regulators?
No, New York does not require Distributor Agreements to be filed with state regulators.
Does New York require territory assignments to be filed with state regulators?
No, New York does not require territory assignments to be filed with state regulators.
Does New York have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, New York does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in New York?
Only licensed solicitors working for a supplier or wholesaler may carry samples of spirits for tasting by a retailer in New York; sample bottles may not exceed 32 oz. and may not be left with the retailer.
Are there franchise rules in New York that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in New York that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does New York have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, New York has sourcing restrictions on whom wholesalers can purchase from.
Does New York require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No, there are no specific come to rest provisions in New York.
FILINGS
What excise tax does New York impose on spirits?
New York imposes an excise tax of $0.67 per liter for spirits with an ABV of 24% or less, and $1.70 per liter for spirits with an ABV greater than 24%.
Does New York require out-of-state suppliers to remit the excise taxes?
No, New York does not require out-of-state suppliers to remit the excise taxes unless licensed as a Distilled Spirits Wholesaler.
What follow-up reports are out-of-state suppliers required to file with New York on their sales to in-state wholesalers?
New York does not require out-of-state suppliers to file any follow-up reports on their sales to in-state wholesalers unless licensed as a Distilled Spirits Wholesaler.
North Carolina
How does North Carolina define "spirits"?
North Carolina defines spirits as follows: 18b-101 (14): "Spirituous liquor" or "liquor" means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution.
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Is North Carolina a control state?
Yes, North Carolina is a control state.
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Are all spirits sold through North Carolina's control system?
Yes, all spirits are sold through North Carolina's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in North Carolina?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in North Carolina.
LICENSING
Does North Carolina require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Out-of-state suppliers of spirits must receive both a Supplier Permit from the North Carolina ABC and a Certificate of Authority to do business in North Carolina from the Secretary of State; both applications can be found here.
If required, how much does North Carolina charge for that license?
There is no fee for a Supplier Permit for out-of-state spirits suppliers to sell to the North Carolina control board.
Who may represent a supplier when listing a product with North Carolina?
Suppliers must be represented by a broker, approved by the North Carolina ABC, who will represent the Supplier to the ABC, but may otherwise be independent from the Supplier. Brokers and their employees must hold a Broker Representative Permit. In addition, suppliers may have permitted Supplier Representatives who can show their products for local listings in the state.
Does North Carolina require suppliers' representatives to have a license to present a listing offer?
Both Brokers and Distiller Representatives must be licensed by the North Carolina ABC. Brokers, though, are independently licensed from a Supplier Permittee.
REGISTRATIONS
When does North Carolina hold hearings or otherwise consider new listings?
North Carolina holds twice-yearly meetings in January and July to consider new products.
What size limits does North Carolina impose on spirits products?
North Carolina does not impose size limits on spirits product listings.
What sort of information does North Carolina require when presenting a listing offer?
North Carolina requires proposed listings to include a product description and formal price quote. Select market data, such as lists of other states where the product is sold and market trends in those states, may also be required.
How does North Carolina determine their pricing for listed products?
North Carolina imposes a lengthy pricing guideline, incorporating freight and handling and bailment fees, along with mark-up charges to determine their prices. A schematic of the state's pricing guideline is available on the ABC Information for New Suppliers webpage.
How does North Carolina manage price changes?
Price changes must be formally submitted to the North Carolina ABC for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year.
Does North Carolina use NABCA code labels or its own codes?
North Carolina uses its own product codes.
Does North Carolina enable suppliers to provide their own samples to in-state retailers?
Licensed Distiller Representatives in North Carolina may provide samples to on-premises retailers in standard size containers, though all samples must be purchased from the local ABC board and be labeled as a sample. Samples to off-premises retailers may only be given to the supervisor or manager of the local ABC board but not to store managers.
Where can a supplier find more information about North Carolina's listing process?
Contact the North Carolina ABC: https://abc.nc.gov/Pricing/NewSuppliers.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to North Carolina control board?
No, North Carolina does not require a follow up reports from spirits suppliers for sales to its control board.
North Dakota
How does North Dakota define "spirits"?
Per North Dakota 5-01-01 6: "Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or [industrial] alcohol.
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Is North Dakota a control state?
No, North Dakota is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in North Dakota?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in North Dakota.
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Can an out-of-state spirits manufacturer ship direct to consumers in North Dakota?
Yes, an out-of-state spirits manufacturer may ship direct to consumers in North Dakota.
LICENSING
What license does North Dakota require for out-of-state suppliers to sell to in-state wholesalers?
North Dakota requires an Alcoholic Beverage Supplier License for out-of-state suppliers to sell to in-state wholesalers.
How much does North Dakota charge for the supplier license?
n/a
Do I need to have money held in bond to obtain a license in North Dakota?
No, you do not need money held in bond to obtain a license in North Dakota.
Does North Dakota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, North Dakota does not require an in-state representative for suppliers.
REGISTRATIONS
Does North Dakota require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, North Dakota does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does North Dakota require price posting?
No, North Dakota does not require price posting.
Does North Dakota require Distributor Agreements to be filed with state regulators?
No, North Dakota does not require Distributor Agreements to be filed with state regulators.
Does North Dakota require territory assignments to be filed with state regulators?
No, North Dakota does not require territory assignments to be filed with state regulators.
Does North Dakota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, North Dakota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in North Dakota?
In North Dakota, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in North Dakota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in North Dakota that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does North Dakota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, North Dakota has sourcing restrictions on whom wholesalers can purchase from.
Does North Dakota require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No, there are no specific come to rest provisions in North Dakota.
FILINGS
What excise tax does North Dakota impose on spirits?
North Dakota imposes an excise tax on spirits of $2.50 per gallon.
Does North Dakota require out-of-state suppliers to remit the excise taxes?
No, North Dakota does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with North Dakota on their sales to in-state wholesalers?
North Dakota requires the Schedule A, Suppliers Monthly Report of Sales to Distributors, from out-of-state suppliers on their sales to in-state wholesalers.
Ohio
How does Ohio define "spirits"?
Ohio defines spirits as follows: 4301-01 (5): "Spirituous liquor" includes all intoxicating liquors containing more than twenty-one per cent of alcohol by volume. "Spirituous liquor" does not include the contents of a pod.
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Is Ohio a control state?
Yes, Ohio is a control state.
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Are all spirits sold through Ohio's control system?
No, "mixed beverages," defined as bottled cocktails or other prepared mixed drinks made from spiritous liquor with an ABV of no more than 21%, may be sold through the private system in Ohio.
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Can an out-of-state spirits manufacturer ship direct to consumers in Ohio?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Ohio.
LICENSING
Does Ohio require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Ohio requires a Type "S-3" Permit for out-of-state spirits suppliers to sell to the control board.
If required, how much does Ohio charge for that license?
Ohio charges $300, plus a $100 initial application fee, for its license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Ohio?
Suppliers must be represented by a broker when doing business with the Ohio Liquor Commission.
Does Ohio require suppliers' representatives to have a license to present a listing offer?
Liquor Sales Representatives (Solicitors) must be registered with the Liquor Commission in order to provide samples or conduct tastings in Ohio.
REGISTRATIONS
When does Ohio hold hearings or otherwise consider new listings?
Listings will be presented to the Ohio Liquor Commission upon request from a supplier's Broker.
What size limits does Ohio impose on spirits products?
Ohio does not impose size limits on spirits product listings.
What sort of information does Ohio require when presenting a listing offer?
Ohio requires proposed listings to include a product description, formal price quote, and various market data, including other states the product is sold in and sales trends in those states. Ohio may also require advertising, marketing and other category support from the supplier. Samples may be requested by Ohio.
How does Ohio determine their pricing for listed products?
Ohio uses a complex set of formulas, including freight and handling charges, along with a markup based on the Liquor Commission's total operating costs and associated fees and taxes. No clear description or breakdown of this pricing scheme is available. Suppliers should contact the Ohio Liquor Commission for more information on pricing.
How does Ohio manage price changes?
Price changes must be formally submitted to the Ohio Liquor Commission for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year.
Does Ohio use NABCA code labels or its own codes?
Ohio uses its own product codes.
Does Ohio enable suppliers to provide their own samples to in-state retailers?
Only licensed Liquor Sales Representatives may provide samples to Ohio retailers, only for products that are approved for sale in Ohio and not in serving sizes greater than 1.5 ounce.
Where can a supplier find more information about Ohio's listing process?
Contact the Ohio Liquor Commission: https://www.com.ohio.gov/liqr/liqrEnterprise.aspx.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Ohio control board?
No, Ohio does not require a follow up reports from spirits suppliers for sales to its control board.
Oklahoma
How does Oklahoma define "spirits"?
Per Oklahoma 37a-1-103 58: "Spirits" means any beverage other than wine or beer, which contains more than one-half of one percent (1/2 of 1%) alcohol measured by volume, and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds, but shall not include any alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto.
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Is Oklahoma a control state?
No, Oklahoma is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Oklahoma?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Oklahoma.
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Can an out-of-state spirits manufacturer ship direct to consumers in Oklahoma?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Oklahoma.
LICENSING
What license does Oklahoma require for out-of-state suppliers to sell to in-state wholesalers?
Oklahoma requires a Nonresidential Seller License for out-of-state suppliers to sell to in-state wholesalers, which allows the holder to sell to Oklahoma wholesalers and act as their own Broker; or a Nonresident Manufacturer License, which does not allow the holder to act as their own Broker.
How much does Oklahoma charge for the supplier license?
Oklahoma charges $3,250 for its Nonresidential Seller License, but that fee may be prorated. The Nonresidential Manufacturer License is $150 if selling 50 or fewer cases per year, $300 to sell 51-500 cases per year, and $600 to sell more than 500 cases per year.
Do I need to have money held in bond to obtain a license in Oklahoma?
Yes, you need money held in bond to obtain a license in Oklahoma.
Does Oklahoma require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Oklahoma requires that suppliers have an in-state representative.
REGISTRATIONS
Does Oklahoma require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Oklahoma requires product brand/labels to be registered per label before they can be sold to in-state wholesalers.
Does Oklahoma require price posting?
Yes, Oklahoma requires price posting.
Does Oklahoma require Distributor Agreements to be filed with state regulators?
No, Oklahoma does not require Distributor Agreements to be filed with state regulators.
Does Oklahoma require territory assignments to be filed with state regulators?
No, Oklahoma does not require territory assignments to be filed with state regulators.
Does Oklahoma have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Oklahoma does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Oklahoma?
In Oklahoma, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Oklahoma that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Oklahoma that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Oklahoma have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, Oklahoma does not have sourcing restrictions on whom wholesalers can purchase from.
Does Oklahoma require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Oklahoma.
FILINGS
What excise tax does Oklahoma impose on spirits?
Oklahoma imposes an excise tax on spirits of $1.47 per liter.
Does Oklahoma require out-of-state suppliers to remit the excise taxes?
No, Oklahoma does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Oklahoma on their sales to in-state wholesalers?
Oklahoma requires the ALC-5009 Excise Tax Return for licensed Nonresident Dealers from out-of-state suppliers on their sales to in-state wholesalers.
Oregon
How does Oregon define "spirits"?
Oregon defines spirits as follows: 471-001 (4) "Distilled liquor" means any alcoholic beverage other than a wine, cider or malt beverage. "Distilled liquor" includes distilled spirits.
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Is Oregon a control state?
Yes, Oregon is a control state.
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Are all spirits sold through Oregon's control system?
Yes, all spirits are sold through Oregon's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Oregon?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Oregon.
LICENSING
Does Oregon require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Oregon requires a Certificate of Approval for Distilled Spirits (CER-D) for out-of-state suppliers to sell to the control board.
If required, how much does Oregon charge for that license?
There is no fee for a Certificate of Approval for Distilled Spirits for out-of-state spirits suppliers to sell to the Oregon control board.
Who may represent a supplier when listing a product with Oregon?
Certificate of Approval for Distilled Spirits (CER-D) licensees may represent themselves before the Oregon Listing Committee.
Does Oregon require suppliers' representatives to have a license to present a listing offer?
No, but a Service Permit is required to conduct other sales and tastings in Oregon.
REGISTRATIONS
When does Oregon hold hearings or otherwise consider new listings?
The Oregon Listing Committee meets five times a year to hear presentations for new products. However, spirits may also be brought into the state through Special Order sales from agency stores.
What size limits does Oregon impose on spirits products?
Oregon does not impose size limits on spirits product listings.
What sort of information does Oregon require when presenting a listing offer?
Oregon requires a product description and Oregon Standard Price Quotation form for proposed listings.
How does Oregon determine their pricing for listed products?
For cases of spirits with a wholesale price below $78.06, the Oregon markup rate is 2.131. For cases with a wholesale price greater than $78.06, Oregon adds $14.45 to the price, then assesses a markup rate of 1.798. In both situations a $1.40 per case freight charge and $0.50 surcharge will apply.
How does Oregon manage price changes?
Price changes must be formally submitted to the Oregon Liquor Commission for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Oregon use NABCA code labels or its own codes?
Oregon uses its own product codes.
Does Oregon enable suppliers to provide their own samples to in-state retailers?
Permitted sales representatives may provide samples of products approved for sale in Oregon to Retail Sales Agents. However, the sample may not be provided nor otherwise take place on the retailer's licensed premises. Samples may be purchased from the Liquor Commission and must be labeled as a sample.
Where can a supplier find more information about Oregon's listing process?
Contact the Oregon Liquor Commission: https://www.oregon.gov/olcc/liquorstores/Pages/listing_product.aspx.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Oregon control board?
No, Oregon does not require a follow up reports from spirits suppliers for sales to its control board.
Pennsylvania
How does Pennsylvania define "spirits"?
Pennsylvania defines spirits as follows: 47-101: “Liquor” shall mean and include any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, powdered alcohol, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures, and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes which contain more than one-half of one per cent of alcohol by volume, except pure ethyl alcohol and malt or brewed beverages.
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Is Pennsylvania a control state?
Yes, Pennsylvania is a control state.
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Are all spirits sold through Pennsylvania's control system?
Yes, all spirits are sold through Pennsylvania's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Pennsylvania?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Pennsylvania.
LICENSING
Does Pennsylvania require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
Yes, Pennsylvania requires a Vendor's License for out-of-state spirits suppliers to sell to the control board.
If required, how much does Pennsylvania charge for that license?
Pennsylvania charges $265, plus a $700 filing fee for first time applicants, for its license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Pennsylvania?
There are no specific regulations on who may represent a licensed Vendor before the Pennsylvania Liquor Control Board.
REGISTRATIONS
When does Pennsylvania hold hearings or otherwise consider new listings?
The Pennsylvania Liquor Control Board meets in the Spring and Fall to consider new listings.
What size limits does Pennsylvania impose on spirits products?
Pennsylvania does not impose size limits on spirits product listings.
What sort of information does Pennsylvania require when presenting a listing offer?
Vendors must file a New Item Submission Sheet for consideration by the Pennsylvania Liquor Control Board. If the product passes the PLCB's initial scoring, the PLCB will invite the Vendor to provide a sample followed by a formal presentation to category managers. At the formal presentation, the Vendor must provide a completed Standard Quotation and Specification Form for each product they are offering, along with any other information the Vendor deems appropriate.
How does Pennsylvania determine their pricing for listed products?
Pennsylvania operates under a "flexible pricing" model for brands identified as the top 150 most sold brands in the state, under which the state will negotiate with the Vendor for the final price (for spirits, the top 150 brands do not mix product category types, so if a brand's vodkas are in the top 150 brands, that brand's gins are not necessarily also included). For brands that are not in the top 150, the PLCB applies a variety of taxes and fees for a complex calculation to determine the price. It is recommended that Vendors contact the PLCB for more information on the details of pricing.
How does Pennsylvania manage price changes?
Price changes must be formally submitted to the Pennsylvania Liquor Control Board for approval 90 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year.
Does Pennsylvania use NABCA code labels or its own codes?
Pennsylvania uses NABCA product codes.
Does Pennsylvania enable suppliers to provide their own samples to in-state retailers?
Registered agents of licensed vendors may provide samples to Pennsylvania retailers, but only if the samples are clearly marked as such and were purchased from the PLCB directly.
Where can a supplier find more information about Pennsylvania's listing process?
Contact the Pennsylvania Liquor Control Board: https://www.lcb.pa.gov/Wine-and-Spirits-Suppliers/Managing-Existing-Business/Documents/Policies_and_Procedures_for_Wine_and_Spirits_Vendors.pdf.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Pennsylvania control board?
No, Pennsylvania does not require a follow up reports from spirits suppliers for sales to its control board.
Rhode Island
How does Rhode Island define "spirits"?
Per Rhode Island 3-1-1 (10): "Intoxicating beverage" means a beverage that contains more than three and two-tenths percent (3.2%) of alcohol by weight. (Rhode Island does not have a specific definition for spirits, so instead they are distinguished only when a rule specifically mentions beer or wine.)
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Is Rhode Island a control state?
No, Rhode Island is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Rhode Island?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Rhode Island.
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Can an out-of-state spirits manufacturer ship direct to consumers in Rhode Island?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Rhode Island.
LICENSING
What license does Rhode Island require for out-of-state suppliers to sell to in-state wholesalers?
Rhode Island requires a Certificate of Compliance for out-of-state suppliers to sell to in-state wholesalers.
How much does Rhode Island charge for the supplier license?
No fee with an out-of-state supplier license in Rhode Island; however, license is granted with brand registrations, which cost $40 per brand annually.
Do I need to have money held in bond to obtain a license in Rhode Island?
No, you do not need money held in bond to obtain a license in Rhode Island.
Does Rhode Island require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Rhode Island requires an Agent's License for suppliers' in-state representatives.
REGISTRATIONS
Does Rhode Island require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Rhode Island requires product brand/labels to be registered per brand before they can be sold to in-state wholesalers. This is done by applying for a Certificate of Compliance.
Does Rhode Island require price posting?
Yes, Rhode Island requires price posting.
Does Rhode Island require Distributor Agreements to be filed with state regulators?
Yes, Rhode Island requires Distributor Agreements to be filed with state regulators. This is part of applying for a Certificate of Compliance.
Does Rhode Island require territory assignments to be filed with state regulators?
No, Rhode Island does not require territory assignments to be filed with state regulators.
Does Rhode Island have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Rhode Island does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Rhode Island?
In Rhode Island, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in Rhode Island that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Rhode Island that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Rhode Island have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Rhode Island has sourcing restrictions on whom wholesalers can purchase from.
Does Rhode Island require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Rhode Island.
FILINGS
What excise tax does Rhode Island impose on spirits?
Rhode Island imposes an excise tax on spirits of $1.10 per gallon for spirits with a proof of 30 or less; $5.40 for spirits with a proof greater than 30.
Does Rhode Island require out-of-state suppliers to remit the excise taxes?
No, Rhode Island does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Rhode Island on their sales to in-state wholesalers?
Rhode Island requires a report detailing each shipment made to be filed monthly from out-of-state suppliers on their sales to in-state wholesalers.
South Carolina
How does South Carolina define "spirits"?
Per South Carolina 61-6-20 (1)(a): "Alcoholic liquors" or "alcoholic beverages" means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption.
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Is South Carolina a control state?
No, South Carolina is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in South Carolina?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in South Carolina.
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Can an out-of-state spirits manufacturer ship direct to consumers in South Carolina?
No, an out-of-state spirits manufacturer may not ship direct to consumers in South Carolina.
LICENSING
What license does South Carolina require for out-of-state suppliers to sell to in-state wholesalers?
South Carolina requires a Liquor Producer/Importer License for out-of-state suppliers to sell to in-state wholesalers.
How much does South Carolina charge for the supplier license?
South Carolina charges $400 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in South Carolina?
No, you do not need money held in bond to obtain a license in South Carolina.
Does South Carolina require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, South Carolina requires that Spirits suppliers have a local representative permitted by the state.
REGISTRATIONS
Does South Carolina require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, South Carolina requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does South Carolina require price posting?
No, South Carolina does not require price posting.
Does South Carolina require Distributor Agreements to be filed with state regulators?
No, South Carolina does not require Distributor Agreements to be filed with state regulators. However, wholesalers designated in brand registrations must be in good standing with the ABC.
Does South Carolina require territory assignments to be filed with state regulators?
No, South Carolina does not require territory assignments to be filed with state regulators.
Does South Carolina have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, South Carolina does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in South Carolina?
In South Carolina, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in South Carolina that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in South Carolina that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does South Carolina have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, South Carolina has sourcing restrictions on whom wholesalers can purchase from.
Does South Carolina require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in South Carolina.
FILINGS
What excise tax does South Carolina impose on spirits?
South Carolina imposes an excise tax on spirits of $2.72 per gallon, plus additional $5.36 per case and 9% surcharge that is levied by retailers.
Does South Carolina require out-of-state suppliers to remit the excise taxes?
No, South Carolina does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with South Carolina on their sales to in-state wholesalers?
South Carolina requires spirits suppliers most file a monthly report to the South Carolina ABC of their invoices and bills of lading from their sales to in-state wholesalers.
South Dakota
How does South Dakota define "spirits"?
Per South Dakota 35-1-1 (6): "Distilled spirits," ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including any dilutions or mixtures thereof, for nonindustrial use containing not less than one-half of one percent of alcohol by weight.
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Is South Dakota a control state?
No, South Dakota is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in South Dakota?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in South Dakota.
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Can an out-of-state spirits manufacturer ship direct to consumers in South Dakota?
No, an out-of-state spirits manufacturer may not ship direct to consumers in South Dakota.
LICENSING
What license does South Dakota require for out-of-state suppliers to sell to in-state wholesalers?
South Dakota does not require a license for out-of-state suppliers to sell to in-state wholesalers.; however, in order to make the required brand label registrations, a distillery must receive a "BR" license number, which is issued upon registering the first brand label.
How much does South Dakota charge for the supplier license?
n/a
Do I need to have money held in bond to obtain a license in South Dakota?
No, you do not need money held in bond to obtain a license in South Dakota.
Does South Dakota require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, South Dakota does not require an in-state representative for suppliers.
REGISTRATIONS
Does South Dakota require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, South Dakota requires product brand/labels to be registered per each label before they can be sold to in-state wholesalers.
Does South Dakota require price posting?
No, South Dakota does not require price posting.
Does South Dakota require Distributor Agreements to be filed with state regulators?
No, South Dakota does not require Distributor Agreements to be filed with state regulators.
Does South Dakota require territory assignments to be filed with state regulators?
No, South Dakota does not require territory assignments to be filed with state regulators.
Does South Dakota have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, South Dakota does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in South Dakota?
In South Dakota, a spirits supplier may provide samples of a maximum of 3 liters, and only of brands the retailer has not purchased in last 12 months.
Are there franchise rules in South Dakota that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in South Dakota that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does South Dakota have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, South Dakota has sourcing restrictions on whom wholesalers can purchase from.
Does South Dakota require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in South Dakota.
FILINGS
What excise tax does South Dakota impose on spirits?
South Dakota imposes an excise tax on spirits of $3.93 per gallon.
Does South Dakota require out-of-state suppliers to remit the excise taxes?
No, South Dakota does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with South Dakota on their sales to in-state wholesalers?
South Dakota requires a report detailing each shipment made to be filed monthly from out-of-state suppliers on their sales to in-state wholesalers.
Tennessee
How does Tennessee define "spirits"?
Per Tennessee 57-3-101(a)(1) (A): “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer. ("Spirits" are not specifically defined, so are distinguished only when regulations refer specifically to beer or wine.)
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Is Tennessee a control state?
No, Tennessee is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Tennessee?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Tennessee.
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Can an out-of-state spirits manufacturer ship direct to consumers in Tennessee?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Tennessee.
LICENSING
What license does Tennessee require for out-of-state suppliers to sell to in-state wholesalers?
Tennessee requires a Non-Resident's Seller's Permit for out-of-state suppliers to sell to in-state wholesalers.
How much does Tennessee charge for the supplier license?
Tennessee charges $250 for its out-of-state supplier license, or $150 if selling fewer than 100 cases annually.
Do I need to have money held in bond to obtain a license in Tennessee?
No, you do not need money held in bond to obtain a license in Tennessee.
Does Tennessee require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Tennessee requires a Distiller's Representative Permit for suppliers' in-state representatives.
REGISTRATIONS
Does Tennessee require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Tennessee requires product brand/labels to be registered per brand before they can be sold to in-state wholesalers. Brand registrations are made to the Tennessee DOR.
Does Tennessee require price posting?
No, Tennessee does not require price posting.
Does Tennessee require Distributor Agreements to be filed with state regulators?
Yes, Tennessee requires Distributor Agreements to be filed with state regulators.
Does Tennessee require territory assignments to be filed with state regulators?
Yes, Tennessee requires territory assignments to be filed with state regulators.
Does Tennessee have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
Yes, Tennessee has rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Tennessee?
In Tennessee, a spirits supplier may provide samples only of brands the retailer has not purchased in last 12 months, and only in bottles no larger than 1.75 L.
Are there franchise rules in Tennessee that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Tennessee that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Tennessee have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Tennessee has sourcing restrictions on whom wholesalers can purchase from.
Does Tennessee require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Tennessee.
FILINGS
What excise tax does Tennessee impose on spirits?
Tennessee imposes an excise tax on spirits of $4.40 per gallon.
Does Tennessee require out-of-state suppliers to remit the excise taxes?
No, Tennessee does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Tennessee on their sales to in-state wholesalers?
Tennessee requires that copies of invoices detailing shipments to Tennessee wholesalers must be filed with the Department of Revenue monthly.
Texas
How does Texas define "spirits"?
Per Texas ABC Code 1-1 (3): "Distilled spirits" means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
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Is Texas a control state?
No, Texas is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Texas?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Texas.
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Can an out-of-state spirits manufacturer ship direct to consumers in Texas?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Texas.
LICENSING
What license does Texas require for out-of-state suppliers to sell to in-state wholesalers?
Texas requires a Nonresident Seller's License for out-of-state suppliers to sell to in-state wholesalers.
How much does Texas charge for the supplier license?
Texas charges $1,800 for a two-year term for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Texas?
No, you do not need money held in bond to obtain a license in Texas.
Does Texas require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
No, Texas does not require an in-state representative for suppliers.
REGISTRATIONS
Does Texas require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Texas requires product brand/labels to be registered per label before they can be sold to in-state wholesalers.
Does Texas require price posting?
No, Texas does not require price posting.
Does Texas require Distributor Agreements to be filed with state regulators?
No, Texas does not require Distributor Agreements to be filed with state regulators.
Does Texas require territory assignments to be filed with state regulators?
No, Texas does not require territory assignments to be filed with state regulators.
Does Texas have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Texas does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Texas?
In Texas, wholesalers only may provide retailers with samples; no more than 3 liters of brands the retailer has not purchased before.
Are there franchise rules in Texas that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
No, there are no franchise rules in Texas that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Texas have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Texas has sourcing restrictions on whom wholesalers can purchase from.
Does Texas require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Texas.
FILINGS
What excise tax does Texas impose on spirits?
Texas imposes an excise tax on spirits of $2.40 per gallon.
Does Texas require out-of-state suppliers to remit the excise taxes?
No, Texas does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Texas on their sales to in-state wholesalers?
Texas requires the C-205 Nonresident Seller's Report from out-of-state suppliers on their sales to in-state wholesalers.
Utah
How does Utah define "spirits"?
Utah defines spirits as follows: 32B-1-102 (123) (a): "Spirituous liquor" means liquor that is distilled. (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
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Is Utah a control state?
Yes, Utah is a control state.
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Are all spirits sold through Utah's control system?
Yes, all spirits are sold through Utah's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Utah?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Utah.
LICENSING
Does Utah require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No, Utah does not require a license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Utah?
There are no specific requirements for suppliers to have a representative act on their behalf before the Utah Control Board.
Does Utah require suppliers' representatives to have a license to present a listing offer?
A Manufacturer's Representative License is required of any person who will make regular contact with the Utah Control Board on behalf of a supplier (say, to track sales data). A representative must be a resident of Utah, but can represent multiple suppliers at a time.
REGISTRATIONS
When does Utah hold hearings or otherwise consider new listings?
The Utah Control Board accepts proposed listings in January and July for consideration. The Board will make their decisions by March and September, respectively, with a target date of April 1 and October 1 for products to appear on shelves.
What size limits does Utah impose on spirits products?
Utah does not impose size limits on spirits product listings.
What sort of information does Utah require when presenting a listing offer?
Spirits vendors must file a Utah Submission Listing Form along with label samples for listing consideration. The Utah Submission Listing Form includes product and packaging details along with general marketing information such as national sales data and the product's advertising budget.
How does Utah determine their pricing for listed products?
Utah does not detail how its pricing schema works, however, there is a very accessible pricing calculator on the Board's website.
How does Utah manage price changes?
Price changes must be formally submitted to the Utah Control Board for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Utah use NABCA code labels or its own codes?
Utah uses NABCA product codes.
Does Utah enable suppliers to provide their own samples to in-state retailers?
In Utah, spirits samples may only be presented to retailers at trade shows and only if extensive regulatory restrictions are complied with.
Where can a supplier find more information about Utah's listing process?
Contact the Utah Control Board: https://abc.utah.gov/vendors/purchasing-policies/.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Utah control board?
No, Utah does not require a follow up reports from spirits suppliers for sales to its control board.
Vermont
How does Vermont define "spirits"?
Vermont defines spirits as follows: 7-1-2 (39): "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.
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Is Vermont a control state?
Yes, Vermont is a control state.
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Are all spirits sold through Vermont's control system?
Yes, all spirits are sold through Vermont's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Vermont?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Vermont.
LICENSING
Does Vermont require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No, Vermont does not require a license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Vermont?
Parties selling spirits to the Vermont Division of Liquor Control (DLC) must be an appointed distributor (i.e., authorized brand owner/dealer) of the brands they represent).
Does Vermont require suppliers' representatives to have a license to present a listing offer?
No, however, any employee of a spirits supplier, broker or distributor who will promote a brand or solicit orders and sales in Vermont must hold a Solicitor's License issued by the Vermont DLC.
REGISTRATIONS
When does Vermont hold hearings or otherwise consider new listings?
The Vermont Division of Liquor Control holds quarterly listing meetings.
What size limits does Vermont impose on spirits products?
Vermont does not impose size limits on spirits product listings.
What sort of information does Vermont require when presenting a listing offer?
Vermont requires proposed spirits listings to include a product description and formal price quote. Market data may also be presented and Vermont requires advertising and other promotional support.
How does Vermont determine their pricing for listed products?
Vermont imposes a markup on spirits products that varies between 65%-85% depending on the product category. The Vermont DLC will also apply a $0.05 per bottle deposit.
How does Vermont manage price changes?
Price changes must be formally submitted to the Vermont DLC for approval 45 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does Vermont use NABCA code labels or its own codes?
Vermont uses NABCA product codes.
Does Vermont enable suppliers to provide their own samples to in-state retailers?
Samples of spirits may not be provided to Vermont retailers.
Where can a supplier find more information about Vermont's listing process?
Contact the Vermont Division of Liquor Control: https://liquorcontrol.vermont.gov/which-license/distribute.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Vermont control board?
No, Vermont does not require a follow up reports from spirits suppliers for sales to its control board.
Virginia
How does Virginia define "spirits"?
Virginia defines spirits as follows: 4.1-100: "Spirits" means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.
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Is Virginia a control state?
Yes, Virginia is a control state.
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Are all spirits sold through Virginia's control system?
Yes, all spirits are sold through Virginia's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Virginia?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Virginia.
LICENSING
Does Virginia require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No, Virginia does not require a license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Virginia?
There are no set regulations or restrictions on who can represent a supplier at a listing meeting with the Virginia ABC.
Does Virginia require suppliers' representatives to have a license to present a listing offer?
No, Virginia does not require suppliers' representatives to have a license to present a listing offer. However, if a solicitor or salesperson will be calling on any industry member other than the Virginia ABC, they must hold a Solicitor Salesperson Permit.
REGISTRATIONS
When does Virginia hold hearings or otherwise consider new listings?
The Virginia ABC meets quarterly, in March, June, September and December, to consider new listings.
What size limits does Virginia impose on spirits products?
Virginia does not impose size limits on spirits product listings.
What sort of information does Virginia require when presenting a listing offer?
Spirits suppliers must submit a Product Specifications form prior to a listing meeting. At the listing meeting, the Virginia ABC will consider products based on the strength of the brand, including sales in other states and category trends, its pricing and general appearance. Suppliers should provide a sample of the product at listing meetings.
How does Virginia determine their pricing for listed products?
Virginia marks up the price of spirits products based on the proof and bottle size of the product. Spirits with a proof of 125 or less are marked-up between 64%-79% depending on the bottle size, whereas higher-proof spirits are marked-up between 79%-93%. In addition, Virginia will assess handling fees and a 20% state tax on all sales of spirits.
How does Virginia manage price changes?
Price changes must be formally submitted to the Virginia ABC for approval 90 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year.
Does Virginia use NABCA code labels or its own codes?
Virginia uses NABCA product codes.
Does Virginia enable suppliers to provide their own samples to in-state retailers?
Permitted brokers may provide samples to mixed beverage licensees on behalf of the suppliers they represent. Samples must be purchased from the Virginia ABC and be properly labeled as a sample.
Where can a supplier find more information about Virginia's listing process?
Contact the Virginia ABC: https://www.abc.virginia.gov/licenses/spirits-industry-resources/listings-and-delistings.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Virginia control board?
No, Virginia does not require a follow up reports from spirits suppliers for sales to its control board.
Washington
How does Washington define "spirits"?
Per Washington 66.04.010 (43): "Spirits" means any beverage which contains alcohol obtained by distillation, except flavored malt beverages, but including wines exceeding twenty-four percent of alcohol by volume.
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Is Washington a control state?
No, Washington is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Washington?
Yes, an out-of-state spirits manufacturer may self-distribute to retailers in Washington with additional $100 "Endorsement" attached to an existing Certificate of Approval license; requires paying a percentage of annual revenue from sales to retailers to the Washington Liquor Board.
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Can an out-of-state spirits manufacturer ship direct to consumers in Washington?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Washington.
LICENSING
What license does Washington require for out-of-state suppliers to sell to in-state wholesalers?
Washington requires a Distilled Spirits Certificate of Approval for out-of-state suppliers to sell to in-state wholesalers.
How much does Washington charge for the supplier license?
Washington charges $200 for its out-of-state supplier license.
Do I need to have money held in bond to obtain a license in Washington?
No, you do not need money held in bond to obtain a license in Washington.
Does Washington require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Washington requires an Agent's License for suppliers' in-state representatives.
REGISTRATIONS
Does Washington require product brand/labels to be registered before they can be sold to in-state wholesalers?
Yes, Washington requires product brand/labels to be registered per COLA before they can be sold to in-state wholesalers.
Does Washington require price posting?
No, Washington does not require price posting.
Does Washington require Distributor Agreements to be filed with state regulators?
Yes, Washington does require Distributor Agreements to be filed with state regulators.
Does Washington require territory assignments to be filed with state regulators?
No, Washington does not require territory assignments to be filed with state regulators.
Does Washington have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Washington does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Washington?
In Washington, retailers can provide a maximum of 1 liter in samples, but only of brands the retailer has not purchased previously.
Are there franchise rules in Washington that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, there are franchise rules in Washington that can restrict a spirits supplier's ability to negotiate or cancel their distributor agreements.
Does Washington have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
No, Washington does not have sourcing restrictions on whom wholesalers can purchase from.
Does Washington require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
No, there are no specific come to rest provisions in Washington.
FILINGS
What excise tax does Washington impose on spirits?
In Washington, sales of on-premise spirits are taxed at $2.4408 per liter and 13.7% of the selling price; sales of off-premise spirits are taxed at $3.7708 per liter and 20.5% of the selling price; however, Washington wholesalers are only liable for taxes for sales made to on-premises retailers, whereas off-premises retailers collect their taxes directly from customers at the time of purchase, for remittance to the state.
Does Washington require out-of-state suppliers to remit the excise taxes?
No, Washington does not require out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Washington on their sales to in-state wholesalers?
Washington requires the LIQ-162 Spirits COA Holder Sales Summary report from out-of-state suppliers on their sales to in-state wholesalers.
West Virginia
How does West Virginia define "spirits"?
West Virginia defines spirits as follows: 60-1-5 (20): Spirits means any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution and includes brandy, rum, whiskey, cordials, and gin.
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Is West Virginia a control state?
Yes, West Virginia is a control state.
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Are all spirits sold through West Virginia's control system?
Yes, all spirits are sold through West Virginia's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in West Virginia?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in West Virginia.
LICENSING
Does West Virginia require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No license is required to sell solely to the West Virginia ABC. However, vendors must submit a registration packet to the ABC and receive notice of approval before they can begin offering products for sale. In addition, out-of-state businesses need to register with the West Virginia Tax Department and corporations and partnerships may need to register with the West Virginia Secretary of State or obtain an Exemption Certificate.
Who may represent a supplier when listing a product with West Virginia?
Suppliers must appoint a licensed Sales Representative to act on their behalf when selling or proposing listings with the West Virginia ABC.
Does West Virginia require suppliers' representatives to have a license to present a listing offer?
Yes, all representatives must hold a Sales Representative License to sell or solicit orders to the West Virginia ABC. A representative may work for multiple spirits suppliers, but each supplier must provide documentation showing they authorize the representative to act on their behalf.
REGISTRATIONS
When does West Virginia hold hearings or otherwise consider new listings?
The West Virginia ABC will schedule appointments for product presentations upon request from registered vendors.
What size limits does West Virginia impose on spirits products?
West Virginia does not impose size limits on spirits product listings.
What sort of information does West Virginia require when presenting a listing offer?
The West Virginia ABC requires registered vendors to submit a product description and formal price quote prior to the listing meeting. At their presentation with the ABC, the vendor will also need to provide a marketing plan for how they will support the sale of the product in the state.
How does West Virginia determine their pricing for listed products?
The West Virginia ABC assesses a 28% mark-up on wholesale prices of liquor (though this rate may be changed at the discretion of the Commissioner), along with delivery and handling charges as periodically set by the Commissioner.
How does West Virginia manage price changes?
Price changes must be formally submitted to the West Virginia ABC for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the ABC's discretion.
Does West Virginia use NABCA code labels or its own codes?
West Virginia uses NABCA product codes.
Does West Virginia enable suppliers to provide their own samples to in-state retailers?
In West Virginia, only wholesalers may provide retailers with samples. However, registered sales representatives may accompany wholesalers during a sampling event.
Where can a supplier find more information about West Virginia's listing process?
Contact the West Virginia ABC: https://abca.wv.gov/Products/liquor/Pages/LiquorVendor.aspx.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to West Virginia control board?
No, West Virginia does not require a follow up reports from spirits suppliers for sales to its control board.
Wisconsin
How does Wisconsin define "spirits"?
Per Wisconsin 125-02 (8): “Intoxicating liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5 percent or more of alcohol by volume, which are beverages, but does not include “fermented malt beverages".
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Is Wisconsin a control state?
No, Wisconsin is not a control state.
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Can an out-of-state spirits manufacturer self-distribute to retailers in Wisconsin?
No, an out-of-state spirits manufacturer may not self-distribute to retailers in Wisconsin.
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Can an out-of-state spirits manufacturer ship direct to consumers in Wisconsin?
No, an out-of-state spirits manufacturer may not ship direct to consumers in Wisconsin.
LICENSING
What license does Wisconsin require for out-of-state suppliers to sell to in-state wholesalers?
Wisconsin requires an Out-of-State Shipper's Permit for out-of-state suppliers to sell to in-state wholesalers.
How much does Wisconsin charge for the supplier license?
Wisconsin charges $520 for a two-year out-of-state supplier license to sell to in-state wholesalers.
Do I need to have money held in bond to obtain a license in Wisconsin?
Yes, an excise tax security of no less than $1,000 but no more than $100,000 is required to obtain a license in Wisconsin.
Does Wisconsin require suppliers have an in-state representative, and/or is there a license available for their in-state representatives?
Yes, Wisconsin requires a Salesperson Permit for any party who will personally solicit orders in Wisconsin.
REGISTRATIONS
Does Wisconsin require product brand/labels to be registered before they can be sold to in-state wholesalers?
No, Wisconsin does not require product brand/labels to be registered before they can be sold to in-state wholesalers.
Does Wisconsin require price posting?
No, Wisconsin does not require price posting.
Does Wisconsin require Distributor Agreements to be filed with state regulators?
Yes. In Wisconsin, the wholesaler provides the state with notice of authority to distribute products.
Does Wisconsin require territory assignments to be filed with state regulators?
Yes. In Wisconsin, the wholesaler provides the Territory information along with authorization notice.
Does Wisconsin have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers?
No, Wisconsin does not have rules on the exclusivity of territory or brand assignments between suppliers and their wholesalers.
DISTRIBUTION PROCESS
How can a supplier provide samples to retailers in Wisconsin?
In Wisconsin, retailers may be provided only with samples of brand that they have not previously purchased.
Are there franchise rules in Wisconsin that can restrict a supplier's ability to negotiate or cancel their distributor agreements?
Yes, Wisconsin applies general rules, not specific to spirits, under its "Fair Dealership Law" that impact a spirits supplier's distributor agreements.
Does Wisconsin have sourcing restrictions (Primary American Source, authorized brand dealer) on from whom wholesalers can purchase?
Yes, Wisconsin has sourcing restrictions on whom wholesalers can purchase from.
Does Wisconsin require spirits to come to rest at a wholesaler warehouse before being delivered to retailers?
Yes, there are come to rest provisions in Wisconsin.
FILINGS
What excise tax does Wisconsin impose on spirits?
Wisconsin imposes an excise tax on spirits of $3.25 per gallon.
Does Wisconsin require out-of-state suppliers to remit the excise taxes?
Yes, Wisconsin requires out-of-state suppliers to remit the excise taxes.
What follow-up reports are out-of-state suppliers required to file with Wisconsin on their sales to in-state wholesalers?
Wisconsin requires the AB-130 & AB-131 Liquor Tax and Wholesale Schedule reports from out-of-state suppliers on their sales to in-state wholesalers.
Wyoming
How does Wyoming define "spirits"?
Wyoming defines spirits as follows:12-1-101(a) (i): "Alcoholic liquor" means any spirituous or fermented fluid, substance or compound other than malt beverage intended for beverage purposes which contains at least one-half of one percent (.5%) of alcohol by volume. As used in this paragraph, "beverage" does not include liquid filled candies containing less than six and one-quarter percent (6.25%) of alcohol by volume;
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Is Wyoming a control state?
Yes, Wyoming is a control state.
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Are all spirits sold through Wyoming's control system?
Yes, all spirits are sold through Wyoming's control system.
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Can an out-of-state spirits manufacturer ship direct to consumers in Wyoming?
No, an out-of-state spirits manufacturer cannot ship direct to consumers in Wyoming.
LICENSING
Does Wyoming require out-of-state suppliers to have a license to sell to the control board, and if yes, what license?
No, Wyoming does not require a license for out-of-state spirits suppliers to sell to the control board.
Who may represent a supplier when listing a product with Wyoming?
Suppliers must use a representative or broker when engaging with the Wyoming Liquor Division.
Does Wyoming require suppliers' representatives to have a license to present a listing offer?
Yes, all representatives must hold a Class "A" Industry Representative license to operate in Wyoming, but Industry Representatives no longer have to be Wyoming residents. Industry Representatives may work for multiple vendors, but a vendor must provide an authorization notice for their representatives and inform the Wyoming Liquor Division of any changes in their employment of a representative.
REGISTRATIONS
When does Wyoming hold hearings or otherwise consider new listings?
The Wyoming Liquor Division meets in January and July to consider and review listings.
What size limits does Wyoming impose on spirits products?
Wyoming does not impose size limits on spirits product listings.
What sort of information does Wyoming require when presenting a listing offer?
The Wyoming Liquor Division requires proposed listings to include a product description, formal price quote, and various market data including other states the product is sold in and sales trends in those states. Wyoming may also require advertising, marketing and other category support from the supplier.
How does Wyoming determine their pricing for listed products?
The Wyoming Liquor Division assesses a 17.6% mark-up on spirits prices, plus an additional $0.025 per 100 mL excise tax. Freight and handling charges will also be included to set the retail price of spirits.
How does Wyoming manage price changes?
Price changes must be formally submitted to the Wyoming Liquor Division for approval 60 days prior to their taking effect. Price changes may only occur on the first of February, May, August or November in a year, though new spirits products may be listed at any time at the Liquor Division's discretion.
Does Wyoming use NABCA code labels or its own codes?
Wyoming uses NABCA product codes.
Does Wyoming enable suppliers to provide their own samples to in-state retailers?
Licensed Industry Representatives and their employees may provide no more than 500 mL of a brand that the retailer has not purchased before. Samples must be obtained from the Liquor Division and must be opened at the time of sampling. Vendors' employees may be present at samplings, if accompanied by a licensed Industry Representative.
Where can a supplier find more information about Wyoming's listing process?
Contact the Wyoming Liquor Division: https://wld.encompass8.com/Home - look under the "Vendor and Product Information" tab.
DISTRIBUTOR RELATIONSHIPS
Are there any follow up reports required from suppliers for sales to Wyoming control board?
No, Wyoming does not require a follow up reports from spirits suppliers for sales to its control board.