Colorado Legislative Council Staff

STATE and LOCAL

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0750

Rep. Alexander

Sen. Teck

Date:

Bill Status:

Fiscal Analyst:

February 25, 1999

House Agriculture

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING THE SALE OF WINE BY CERTAIN COLORADO LICENSEES.



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund


Potential sales tax revenue

and/or excise tax revenue increase

State Expenditures

General Fund


Potential enforcement/investigation cost increase

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: 90 days after adjournment unless a referendum petition is filed.

Appropriation Summary for FY 1999-2000: None

Local Government Impact: May increase local sales tax revenue in those areas where licensed wineries are located.



Summary of Legislation

 

            This bill allows any licensee manufacturing wine located in a state with reciprocal privileges with Colorado to make interstate wine shipments into Colorado for orders placed by mail, fax, telephone, e-mail, or other means of electronic communication. The bill also allows a limited winery licensee located in Colorado to sell wine manufactured by other Colorado limited wineries including orders placed by mail, fax, telephone, e-mail, or other means of electronic communications.



State Revenue


            Current law allows certain interstate and intrastate shipments of wine to consumers if the order is placed by the consumer in person at the licensed premises of the licensee. Delivery of such interstate wine shipments into Colorado are not deemed to constitute a sale in this state, therefore, no sales tax or excise tax is assessed. Intrastate wine shipments are subject to state and local sales and/or excise taxes.


            The provisions of this bill may increase the amount of wine sales by out-of-state and in-state licensees to consumers in Colorado. This fiscal note assumes that in-state licensees will continue to collect appropriate sales and/or excise taxes; while the out-of-state sales would continue to be exempt from sales and/or excise taxes.



State Expenditures


            Based upon reports from other states that have passed similar laws, the Department of Revenue believes the provisions of this bill may increase the number of complaints filed for the alleged sale of alcoholic beverages to minors. The department indicates that efforts conducted by other states to determine compliance rates have found a high level of violation by out-of-state shippers. The Division of Liquor Enforcement would be required to investigate any and all such complaints registered in the state.


            The division will be able to absorb the costs for up to 70 such investigations per year. Those operating costs include travel expenses, investigative equipment, personal services, and legal services. In the event 70 or more such complaints are filed during FY 1999-2000, the division will identify any additional resource requirements at that time.



Local Government Impact


            The provisions of this bill may increase local sales tax revenue in any areas where licensed wineries are located.



State Appropriations

 

            This fiscal note would imply no new state appropriations are required for FY 1999-2000.



Departments Contacted


            Revenue