ROBERT L. EHRLICH, JR., Governor Ch. 98
7.5- 107.
(a) The direct wine seller shall list the contents of the shipment on the outside
of the shipping package with an identifying number that the [wholesaler] RETAIL
DEALER shall record.
(b) [The wholesaler and] A retail dealer [act] ACTS solely as [facilitators] A
FACILITATOR in the shipping process and [do] DOES not have title to the wine vested
in [them] THE RETAIL DEALER.
[(e) The wholesaler who receives the shipment may not enter the wine into the
wholesaler's inventory but shall deliver the wine on the wholesaler's next delivery
date to the retail dealer that the direct wine seller designates.]
7.5-108.
(a) A personal consumer shall take personal delivery of the shipment at the
licensed premises of the retail dealer promptly on receiving notice from the retail
dealer.
(b) [A] IF THE WHOLESALER OR RETAIL DEALER CHOOSES TO IMPOSE A
SERVICE CHARGE, A personal consumer shall pay service charges that are not subject
to the Maryland sales tax to[:
(1) The] THE retail dealer when the consumer takes delivery at the rate
of $5 per bottle but not more than $10 per shipment[; and
(2) The wholesaler at the rate of $2 per bottle but not more than $4 per
shipment].
(c) A personal consumer may not receive more than 108 liters of wine in total
from one or more direct wine sellers in a permit year.
7.5-109.
The [wholesaler and the] retail dealer [do] DOES not bear the risk of less and
[are] IS not liable for any product defect, product contamination, or other product or
packaging damage except for damage that [they cause] THE RETAIL DEALER
CAUSES.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Office of the Comptroller shall create and provide a list of wholesalers
who are willing to participate in the handling of direct wine shipments.
(b) The list created under subsection (a) of this section:
(1) shall be posted on the website for the Office of the Comptroller;
(2) shall be provided, free-of-charge, to any individual who requests
information regarding direct wine shipments; and
(3) shall include the name of the wholesaler, a contact person for the
wholesaler, and a contact phone number for the wholesaler.
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