Type 85 license for internet sales of wineOff-sale wine licenses

We have received a few calls lately from clients wanting to know more about the new Type 85 license. This new license type, a limited off-sale wine (only) license, became effective in January, 2012. It is a “hybrid” license type, aimed at improving the functionality of wine retailers who are making sales via the Internet. It’s an improvement over the “17/20” license combination, although that license combination still exists for those who are intent to wholesale and retail wine products.

Whereas the use on-line ordering of alcoholic beverages has significantly increased with the proliferation of the Internet, ABC statues have not kept pace with the changing needs for licensees who desire to conduct their business by on-line computer, telephone or direct mail. As mentioned, prior to this statute, a licensee who wanted to make sales of wine directly to a consumer via the Internet was required to make application for an off-sale beer and wine license, together with a beer & wine whole-saler license. The problem with this 17/20 combination is, it required the licensee to maintain a bona fide wholesale business, whereas this new license enables a licensee to make direct sales of wine to consumers via the Internet, telephone, etc. without the requirement to also hold a wholesaler license!

The highlights of the new Type 85 liquor license are as follows:

  1. All sales of wine (no beer) must be conducted via Internet.
  2. The Type 85 prohibits the licensee from conducting sales directly to consumers from a premises open to the public.
  3. The Type 85 holder is able to give or sell wine to a nonprofit organization.

Article provided by Roger Hanney

Contact Liquor License Network if you have any questions or need help obtaining a Type 85 liquor license.

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