Form R-8695 - Application For Authority To Make Direct Shipments Of Wines To Louisiana Consumers Page 2

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R-8695i (6/13)
Requirements for Direct Shipments of Wines to Louisiana Consumers
For the purposes of making direct shipments of wines into Louisiana, below are the applicable definitions as found in
Louisiana Revised Statues, Title 26:
“Manufacturer” means any person, other than a wine producer, who personally or through any agent whatever
engages in the making, blending, rectifying, or processing of any alcoholic beverage in Louisiana; engages in the
making, blending, rectifying, or processing any alcoholic beverage outside of Louisiana for sale in Louisiana; or
engages in the business of supplying alcoholic beverages to licensed wholesale dealers in Louisiana.
“Retail dealer” means every person who offers for sale, exposes for sale, has in his possession for sale or dis-
tribution, or sells alcoholic beverages in any quantity to persons other than licensed wholesale or retail dealers.
“Wine producer” means any person who, directly or indirectly, personally or through any agency, cultivates and grows
grapes, fruits, berries, honey, or vegetables from which wine of an alcoholic content is excess of six percent by volume
is produced and bottled from a fermentation of such grapes, fruits, berries, honey, or vegetables in Louisiana or outside
the state for shipments to licensed wholesale dealers within the state subject to the previsions of R.S. 26:364.
In order to direct ship to Louisiana consumers of sparking wines or still wines, ALL of the following conditions must be met:
1. The seller or shipper who is a wine producer or manufacturer must not be a party to any direct or indirect agree-
ment with a Louisiana wholesale dealer that grants the wholesale dealer the right to purchase and sell the same
brand of sparkling wine or still wine produced by the wine producer or manufacturer that is to be shipped direct to
the consumer.
2. The required annual fee must have been paid, and written authorization to make direct shipments must have been
granted by the Louisiana Department of Revenue prior to selling or shipping any wine to a consumer in the state
of Louisiana.
3. The wine producer, manufacturer, or retailer making direct shipments to Louisiana consumers must hold a valid license
issued by its state of domicile. A copy of that license must be provided to the Louisiana Department of Revenue.
4. The sparkling wine or still wine must be for the consumer’s personal consumption.
5. The consumer must be 21 years of age or older.
6. All packages in which sparkling wine or still wine is shipped must be received by a person 21 years of age or older.
7. The total amount of sparking wine or still wine shipped to a single household address must not exceed one hundred
forty-four (144) 750-mililiter bottles per calendar year per adult person at the household address.
8. The package in which the sparkling wine or still wine is shipped must be prominently labeled as containing bever-
age alcohol.
9. Each package in which the sparkling wine or still wine is shipped must contain an invoice indicating the date of
shipment, and it must give a full and complete description of all items included in the shipment, including price.
10. All excise and sales and use taxes imposed by the State of Louisiana on sparkling wine or still wine shipped direct
to Louisiana consumers must be paid by a company check drawn on an account in the name of the permit holder
accompanying the required report. Alternatively, payment may be made by electronic funds transfer at the time of
the filing of the required report.
11. Sales of sparkling wine or still wine perfected on the premises of the wine producer or manufacturer and completed
by shipment to a consumer in Louisiana are allowed.
Those authorized to make direct shipments to Louisiana consumers must file and report the quantity and type of products
shipped within the calendar quarter and remit the applicable taxes. Copies of the invoices should be retained by the autho-
rized party for inspection upon request of the Secretary.
8706

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