Chapter 138 of the General Laws in hereby amended by adding thereto the following section:-

Section 19E.  Direct Shipment of Wine (1) Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in any other state as wine producer, supplier, importer, wholesaler, distributor or retailer who obtains an out-of-state shipper's license, as provided below, may ship up to two cases (twenty-four bottles) per month of wine directly to a resident who is at least 21 years of age for such resident's personal use and not for resale.

(2) Before sending any shipment to a resident of Massachusetts the out-of-state shipper must first:

(a) File an application with the Commission;
(b) Pay a one hundred dollar ($100) registration fee;
(c) Provide to the Commission a true copy of its current alcoholic beverage license issued in another state, and
(d) Obtain from the Commission an out-of-state shipper's license.

(3) All out-of-state shipper licensees shall:
(a) Not ship more than two cases (twenty-four bottles) per month to any person;
(b) Ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words "CONTAINS ALCOHOL: ADULT SIGNATURE (OVER 21) REQUIRED."
(c) Report to the Commission annually the total of alcoholic beverages, by type, shipped into the state the preceding calendar year.
(d) Annually pay to the Department of Revenue all taxes due, the amount of such taxes to be calculated as if the sale were at the location where delivery is made.
(e) Permit the Commission or the Department of Revenue to perform an audit of the out-of-state shipper's records upon request.
(f) Be deemed to have consented to the jurisdiction of the Commission or any other state agency and the courts concerning enforcement of this section and any related laws, rules or regulations.

(4) The out-of-state shipper may annually renew its license with the Commission by paying a one-hundred dollar ($100) renewal fee and providing the department a true copy of its current alcoholic beverage license issued in another state.

(5) The Commission and the Department of Revenue may promulgate rules and regulations to effectuate the purposes of this law.

(6) The Commission may enforce the requirements of this section by administrative proceedings to suspend or revoke an out-of-state shipper's license, and the department may accept payment of a fine or an offer in compromise in lieu of suspension, such payments to be determined by rules promulgated by the department.

(7) Shipments of wine from out-of-state direct to consumers from persons who do not possess a current out-of-state shipper's license or other permit or license from the Commission are prohibited.  Any person who knowingly makes, participates in, transports, imports or receives such a shipment from out-of-state commits a deceptive trade practice as defined in chapter 93A.

SECTION 2.  This Act shall take effect upon passage.