Section 2073-D - In-state transportation of malt liquor, wine or low-alcohol spirits products1.Prohibition. Except as provided in subsection 2 and section 2073-E, a person may not transport within the State more than 400 fluid ounces of malt liquor, more than 4 liters of wine and more than 4 liters of low-alcohol spirits products unless the malt liquor, wine or low-alcohol spirits products were legally purchased from: A. An off-premises retail licensee; [2021, c. 658, §270(NEW).]B. An in-state manufacturer authorized under section 1355-A to sell malt liquor, wine or low-alcohol spirits products for off-premises consumption; or [2021, c. 658, §270(NEW).]C. A direct shipper licensed under section 1403-A. [2021, c. 658, §270(NEW).] [2021, c. 658, §270(NEW).]
2.Exceptions. Notwithstanding subsection 1, a person may transport malt liquor, wine or low-alcohol spirits products within the State in the following circumstances. A. An individual may transport within the State malt liquor, wine or low-alcohol spirits products in accordance with a permit issued under section 2073-C, subsection 2, paragraph B. [2021, c. 658, §270(NEW).]B. A person may transport malt liquor or wine the person transported into the State pursuant to section 2073-C, subsection 2, paragraph C. [2021, c. 658, §270(NEW).]C. A licensed in-state manufacturer of malt liquor, wine or low-alcohol spirits products may transport malt liquor, wine or low-alcohol spirits products produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport malt liquor, wine or low-alcohol spirits products produced by the manufacturer to:(1) A bottler or rectifier licensed under section 1355-A;(2) A wholesale licensee;(3) Any location to which the licensed in-state manufacturer is authorized to transport its own products under section 1355-A;(4) A warehouse operated by the licensed in-state manufacturer; or(5) The state line for transportation outside the State. [2021, c. 658, §270(NEW).]D. A wholesale licensee may transport malt liquor, wine or low-alcohol spirits products to an on-premises or off-premises retailer of malt liquor or wine in accordance with sections 713 and 1401. [2021, c. 658, §270(NEW).] Each shipment of malt liquor, wine or low-alcohol spirits products transported within the State in accordance with paragraph B, C or D must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the malt liquor, wine or low-alcohol spirits products.
[2021, c. 658, §270(NEW).]
3.Penalties. The following penalties apply to violations of this section. A. A person that transports within the State less than 1,300 fluid ounces of malt liquor, less than 40 liters of wine or less than 40 liters of low-alcohol spirits products in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged. [2021, c. 658, §270(NEW).]B. A person that transports within the State 1,300 or more fluid ounces of malt liquor, 40 or more liters of wine or 40 or more liters of low-alcohol spirits products in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2021, c. 658, §270(NEW).] [2021, c. 658, §270(NEW).]
4.Evidence. The possession of more than 800 fluid ounces of malt liquor, more than 8 liters of wine or more than 8 liters of low-alcohol spirits products in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section. [2021, c. 658, §270(NEW).]
5.Forfeiture. Notwithstanding section 2221-A, a court shall order malt liquor, wine or low-alcohol spirits products transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229: A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or [2021, c. 658, §270(NEW).]B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B. [2021, c. 658, §270(NEW).] [2021, c. 658, §270(NEW).]
Added by 2022, c. 658,§ 270, eff. 8/8/2022.