Section 3 AAC 305.350 - Wine clubs(a) A package store licensee with a shipping endorsement may enter into a standing written or electronic shipment order agreement with a purchaser for periodic shipment of wine of the licensee's choice to the purchaser if (1) the endorsement holder retains the original, a clear photocopy, or an electronic copy of the proof-of-age document in accordance with 3 AAC 305.345(b);(2) the agreement is signed and dated by the purchaser and contains the information required for written orders under 3 AAC 305.345(c); and(3) the agreement requires that the endorsement holder receives payment for the wine not fewer than five working days before the date of shipment and allows the endorsement holder or purchaser to terminate the agreement by giving five days' written notice of termination.(b) A licensee shall consult the database maintained by the board under AS 04.06.095 in the manner required under AS 04.09.460(e) before shipping wine to an area that has restricted the sale of alcoholic beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2). Shipment of the wine must be in compliance with applicable provisions of 3 AAC 305.345(d), (e), and (f).(c) For each standing shipment order agreement, an endorsement holder shall keep a hard copy or electronic file that contains the agreement and a copy of all documents required under this section. The endorsement holder shall retain the agreement file for at least one year after termination of the agreement. The endorsement holder shall maintain a log of monthly shipments of wine in a manner that (1) allows cross-reference to the documents for each order;(2) assigns an order number to each shipment; and(3) for each order, shows the date payment for the shipment was received, the date the order was shipped, and the address to which the shipment was made.(d) If an agreement under this section requires the endorsement holder to ship wine to an area that has restricted the sale of alcoholic beverages under AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), the licensee shall enter a written order not later than 24 hours after receiving full payment into the written order database established under AS 04.06.095.(e) After a municipality submits written notification to the board that the municipality has imposed a sales and use tax on alcoholic beverages under AS 04.21.010(c)(4), an endorsement holder may not ship wine under a standing shipment order agreement to that municipality until payment for the taxes is collected at the licensed premises in accordance with the ordinances of that municipality. The licensee shall remit the payments of taxes to the municipality for which the tax was collected.Eff. 1/1/2024, Register 248, January 2024; am 8/23/2024, Register 251, October 2024Authority:AS 04.06.090
AS 04.06.100
AS 04.09.230
AS 04.09.460
AS 04.09.470
AS 04.09.480
AS 04.09.490