Section 28-7-10 Wine Importer License; Restrictions on Sale and Operation; Registration of Labels; Seizure of Unregistered Goods; Monthly Reports; Inspection.

(a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the licensee to manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county only for the sale for distribution outside of the county. No person shall manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county for sale or distribution unless the person or the authorized representative of the person has been granted a wine manufacturer license issued by the board pursuant to this section. (b) A wine manufacturer licensed under this section is prohibited from doing any of the following: (1) Selling any wine or dispensing any tastings for consumption on its licensed premises . (2) Selling or delivering any wine in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U.S. Treasury Department. (3) Maintaining or operating within the state any place or places, other than the place or places covered by the wine manufacturer license. (c) Any wine manufactured in the dry county by the manufacturer licensed pursuant to this section may be sold only for shipment and delivery to a licensed wine wholesaler in this state or to a legal distributor outside of this state , except that the manufacturer may use its employees to sell and transport wine directly to retail licensees of the board in a vehicle owned or leased by the manufacturer subject to the following limits: (1) No more than 10,000 gallons produced on its licensed premises each year. (2) No more than 20,000 gallons produced on its licensed premises each year if the manufacturer provides to the board proof that its wine has been declined to be distributed by two licensed wine wholesalers. If the manufacturer’s wine has been accepted for distribution by any licensed wine wholesaler, it may not sell and transport its wine directly to retailers under this subdivision. (d) A wine manufacturer licensee licensed pursuant to this section shall be required to file with the board, prior to making any sales, a list of its labels to be sold and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All wines whose labels have not been registered as herein provided shall be considered contraband and may be seized by the board or its agents, or any peace officer of the state without a warrant and the goods shall be delivered to the board and disposed of as provided by law. (e) A wine manufacturer licensee licensed pursuant to this section shall be required to send to the board, prior to the twentieth day of each month, a consolidated report of all shipments of alcoholic beverages made to each licensed wholesaler or licensed retailer during the preceding month. The reports shall be in the form and shall contain the information as the board may require. (f) Every wine manufacturer licensed pursuant to this section shall keep at its principal place of business within the state, daily permanent records which shall show the quantities of raw materials used in the manufacture of wine, and the quantities of wine manufactured and stored, the sale of wine, the quantities of wine stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers of the wine. (g) Every place licensed as a wine manufacturer pursuant to this section shall be subject to inspection by the board or by persons duly authorized and designated by the board at any time of the day or night as they may deem necessary, for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees shall be open for inspection at all times by the board or by persons duly authorized and designated by the board. Members of the board and its duly authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof. (h) Where otherwise lawful, a manufacturer licensed under this section may qualify with the board as the host of or as a participant in a wine festival located in a wet municipality in the county of its licensed premises or outside the county of its licensed premises pursuant to Section 28-3A-20.4. (i) Licenses issued under this section, unless revoked in the manner provided in this chapter, shall be valid for the license year commencing January 1 of each year. (j) The board may adopt rules to implement and administer this section. (k) The provisions of Act 2021-517 are supplemental to any laws regulating alcoholic beverages in this state and shall not be construed to repeal or supersede any laws or rules of the Alcoholic Beverage Control Board not in direct conflict with Act 2021-517.