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Update on Alaska’s New DTC License


Alaska’s new Manufacturer Direct Shipment license goes into effect January 1, 2024. The AMCO plans to start accepting online applications later this month.

Even though the new license may be possible to obtain soon, new regulations governing the license impose a number of requirements that make the fulfillment of orders very difficult. The regulations as currently written require direct shipment licensees to do the following:

  • Obtain and retain a copy of ID documents that show the photograph and signature of the purchaser and any other individual authorized to receive the shipment and deliver it to the purchaser;
  • Determine whether the purchaser’s name is on the list of prohibited persons provided by AMCO to all package store and DTC licensees, and if so, reject the order;
  • Ensure that the written or electronic order is signed and dated by the purchaser and refers by number to the purchaser’s ID document;
  • If your company meets the sales threshold for sales tax nexus in Alaska (over 200 transactions or $100,000 in AK retail sales) and the delivery location imposes local sales tax, collect the tax prior to shipment;
  • Determine if the purchaser lives in an area that has restricted the sale of alcoholic beverages by local option. A list of restricted zip codes is available on the AMCO website. Manufacturer Direct Shipment licensees may not legally ship to those locations.

In addition, Alaska law requires all holders of an AK Manufacturer Direct Shipment License to pay AK excise tax on all shipments. Before beginning to ship to AK customers, licensees will need to obtain an Excise Tax License, which requires a $25,000 tax bond for at least the first three years.

The Wine Institute has been in discussion with Alaska regulators, urging them to reduce the requirements, but the timing and exact nature of the revisions is still unknown. 

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About

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The Digest is a compilation and condensation of statutes, regulations, and administrative decisions from all states governing the sales and marketing of wine and distilled spirits. It is a user-friendly reference guide to the information you need to conduct business as a producer, wholesaler or importer in the wine and spirits industry. It has been specifically designed to eliminate the problem of spending hours searching for the statutes and regulations relevant to your situation. It is available in print and online versions. The online version allows the subscriber to access desired information by subject or by state. The print version comes in a four binder set.

Digest subscribers represent all aspects of the alcoholic beverage industry, from wineries, distilleries, wholesalers and importers to attorneys, trade associations, and industry consultants. Anyone who needs to navigate the regulations of selling and marketing wine and distilled spirits will be benefitted by a subscription to this versatile service.

Website features

The Digest website offers many useful features which allow subscribers to view information in various ways and stay informed and up to date as changes are made.

  • Searches: The information in the State Digests can be searched either by state or by topic. For example, if information is needed on distributor relationships in few states, select the Franchise Laws topic and the states needed and run a report. If a new market is being contemplated, select the state and run the report.
  • Reports: Reports generate quickly and can be viewed on screen or saved as a PDF for printing or saving for later review.
  • List of recent updates: The home page of The Digest site provides a link to a list of the recent updates. When subscribers are logged in, this list has live links allowing one-click access to updated topics.
  • Compare: When a topic has been updated, click on the update date for a marked up version showing the recent additions and/or deletions.
  • Notifications: Subscribers can opt-in for email notifications about updates to The Digest. Emails are short compilations of recent changes and are sent 2-4 times each month.

What The Digest Covers

Here are some of the resources you'll find in The Digest:

State Digest - A separate Digest has been prepared for every state and the District of Columbia. States that have both state-controlled business and private-sector business (through wholesalers) are further divided into two Digests — a “Control” Digest and an “Open” Digest (for example, Oregon Control and Oregon Open). Similarly, states that conduct only state-controlled business are labeled as a “Control” Digest (for example, New Hampshire Control).

The individual state Digests cover a wealth of practical information, beginning with contact data for each applicable regulatory agency — the mailing, street, and internet address(es), as well as phone and fax number(s). Each state Digest is organized in a standardized, easy-to-follow format. Its information is divided into seventeen major sections and numerous subsections (which can vary by state). Refer to the "Outline of State Digest Information" below for an explanation of these primary divisions.

Legal citations are included with the relevant text, not in a separate footnote or listing. These references enable you or your legal counsel to locate the necessary statutory or regulatory data quickly and easily when you want to review the regulatory sources in their entirety.

Requirements by State - Tables providing “at a glance” summary information on each state’s requirements. One table is provided for Suppliers selling through the wholesale channel and includes licensing, bond, and sales license requirements, as well as label registration, price posting, monopoly protection, and reporting. The other table is for companies shipping Direct to Consumer and includes licensing, bond, and tax registration requirements as well as sales and excise tax reporting, label registration, wine of own production, and shipping limits.

Control States - A listing of all “control” states, with an explanation of what commodities are covered and how business is conducted in each particular state that operates a control system.

Direct Shipments of Alcoholic Beverages (to Consumers and/or Retail Licensees) - A state-by-state compilation of information on shipping alcoholic beverages direct to residents and/or retail licensees in the listed states. Qualifications for licensing, protocols for shipping, tax returns and reports to be submitted, and all legal requirements are covered in detail. A few states permit the direct shipment of distilled spirits and/or malt beverages in addition to wine. This listing also includes available information on felony prosecutions and penalties for those states that do not permit direct shipments to consumers.

Excise Tax Table - A table showing current data on excise tax rates for the federal government and each state for wine and distilled spirits. Additional rates for cider and beer are found in the respective State Digests.

Federal Law and Regulations - Selected sections of the law, or Code of Federal Regulations (CFR), are reprinted in their entirety (except as otherwise noted) and included for ease of reference.

History

The Digest of Wine & Spirits Law was founded in 1991 by Mary Kramer of M. J. Kramer & Associates. Since Mary's retirement in 2018, the service has been carried on by Compliance Service of America, (CSA), a long time subscriber of The Digest.

CSA has specialized in alcoholic beverage regulation and licensing since 1983. A fully staffed compliance firm, CSA brings to The Digest a wealth of expertise and experience in explaining complicated regulations in plain English.

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Title Name Email Phone Extension
Subscriber Coordinator/Manager Dyana Nedra digest@wineandspirits.com 800-400-1353 223
Editor Alex Heckathorn digest@wineandspirits.com 800-400-1353 225
Editor Sara Schorske digest@wineandspirits.com 800-400-1353 231

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The Digest of Wine & Spirits Law 54476 Mariah Rd, Myrtle Point OR United States of America 97458

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