§2073-B. In-state transportation of spirits
                  1. 
                                Prohibition. 
                                Except as provided in subsection 2, section 1201‑A or section 2073‑E, a person may not transport more than 4 liters of spirits within the State unless the spirits were legally purchased from:
                                     
                                
                
                  A.
                                        An agency liquor store; or
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                
                  B.
                                        An in-state manufacturer authorized under section 1355‑A to sell spirits for off-premises consumption.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                [PL 2021, c. 658, §268 (NEW).]
              
                  2. 
                                Exceptions. 
                                Notwithstanding subsection 1, a person may transport spirits within the State in the following circumstances.
                                     
                                
                
                  A.
                                        An individual may transport spirits within the State in accordance with a permit issued under section 2073‑A, subsection 2, paragraph B.
                                     
                                [RR 2021, c. 2, Pt. A, §102 (COR).]
                
                  B.
                                        A person may transport spirits the person transported into the State pursuant to section 2073‑A, subsection 2, paragraph C to:
                                     
                                
                
                                            (1)
                                        A warehouse designated by the commission under section 81;
                                     
                                
                                            (2)
                                        A bottler or rectifier licensed under section 1355‑A;
                                     
                                
                                            (3)
                                        A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine; or
                                     
                                
                                            (4)
                                        A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                  C.
                                        A licensed in-state manufacturer of spirits may transport spirits produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport spirits produced by the manufacturer to:
                                     
                                
                
                                            (1)
                                        A warehouse designated by the commission under section 81;
                                     
                                
                                            (2)
                                        A bottler or rectifier licensed under section 1355‑A;
                                     
                                
                                            (3)
                                        A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine;
                                     
                                
                                            (4)
                                        A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor;
                                     
                                
                                            (5)
                                        Any location to which the licensed in-state manufacturer of spirits is authorized to transport its own products under section 1355‑A; or
                                     
                                
                                            (6)
                                        The state line for transportation outside the State.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                  D.
                                        The wholesale spirits provider may transport spirits between warehouses designated by the commission under section 81 or to agency liquor stores as provided in section 503.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                
                  E.
                                        A reselling agent may transport spirits to on-premises retail licensees as provided in section 459.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                Each shipment of spirits transported within the State in accordance with paragraph B, C, D or E must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits.
                                     
                                
                [RR 2021, c. 2, Pt. A, §102 (COR).]
              
                  3. 
                                Penalties. 
                                The following penalties apply to violations of this section.
                                     
                                
                
                  A.
                                        A person that transports within the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                
                  B.
                                        A person that transports within the State a quantity of 40 or more liters of spirits 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.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                [PL 2021, c. 658, §268 (NEW).]
              
                  4. 
                                Evidence. 
                                The possession of more than 8 liters of spirits 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.
                                     
                                
                [PL 2021, c. 658, §268 (NEW).]
              
                  5. 
                                Forfeiture. 
                                Notwithstanding section 2221‑A, a court shall order spirits 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
                                     
                                [PL 2021, c. 658, §268 (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.
                                     
                                [PL 2021, c. 658, §268 (NEW).]
                [PL 2021, c. 658, §268 (NEW).]
              
                        SECTION HISTORY
                        
            PL 2021, c. 658, §268 (NEW). RR 2021, c. 2, Pt. A, §102 (COR).