HB 2367

Bill Subjects

Abstract

Provides that a delivery permittee is only required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Alcoholic Beverage Control Authority (the Authority) and any sales taxes to the Department of Taxation for each delivery the permittee makes if such taxes have not already been paid. The bill specifies that delivery permittees must keep records of all deliveries for a period of at least two years and, in addition to current recordkeeping requirements, requires delivery permittees to keep records of the brands of wine and beer delivered and the signatures of the purchasers to whom the wine and beer is delivered. The bill provides that delivery permittees are only required to submit a monthly report to the Authority for any month during which a permittee makes a delivery for which the permittee is required to collect and remit excise taxes due to the Authority. The bill allows deliveries by such permittees to be performed by an independent contractor of the permittee, provided that (i) the permittee has entered into a written agreement with the independent contractor establishing that the permittee shall be vicariously liable for certain administrative violations committed by the independent contractor and (ii) only one individual takes possession of the beer, wine, or farm wine during the course of the delivery.