The Governor of Kansas signed Senate Bill 212 into law on April 20, 2009. The new law allows in-state and out-of-state wineries to obtain a “Special Order Shipping License” and make off-site wine shipments directly to consumers in Kansas beginning July 1, 2009. Off-site wine shipments include any phone, fax or internet orders from a consumer. Currently, off-site shipments to KS consumers are severely restricted due to onerous requirements and fees.
Wineries with approved permits will now be able to make off-site shipments of up to 12 cases to any one consumer or address per calendar year. However, before accepting an order from a KS consumer direct shippers must physically examine a government issued form of identification or use an online age verification service to confirm the consumer is 21 years of age or older. The initial application fee for the Special Order Shipping License is $50, followed by a $10 annual renewal fee. Direct shippers will be required to pay sales tax, excise tax and file reports with the KS Secretary of Revenue and the Division of Alcohol Beverages. A $750 bond will also be required. Wine Institute will post the permit application forms and any new information on the Wine Institute website as soon as it becomes available.
The Special Order Shipping License is only required for off-site wine shipments. Wineries may continue to ship to KS consumers who have purchased wine on the premises of the winery without a permit and are not required to file reports or pay taxes. On-site shipments should not be combined with off-site shipments or count towards the 12 case volume limit.