Alcohol shipping laws in Montana
We follow 5 Montana rules on shipping wine, beer and spirits to consumers; 2 are bans.
Check a specific item for MontanaMontana
Permit neededWineries may ship table wine to Montana consumers only with a direct shipment endorsement from the Montana Department of Revenue.
MCA 16-4-1101 · draft
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16-4-1101 . Direct shipment endorsement for wineries -- definition. (1) A winery licensed or registered in Montana under 16-4-107 may sell and ship under a direct shipment endorsement up to 18 9-liter cases of table wine annually to an individual in Montana who is at least 21 years of age for the individual's personal use and not for resale. (2) The shipment of table wine directly to an individual in Montana from a winery that does not possess a current direct shipment endorsement is prohibited, and penalties may be assessed as provided in 16-4-1103 . (3) The shipment of table wine directly to an individual in Montana under a direct shipment endorsement that is not conspicuously labeled as required under 16-4-1102 (2) is prohibited and subject to penalties as provided in 16-4-1103 . (4) For the purposes of this part, a "direct shipment endorsement" is permission issued by the department to a winery licensed or registered pursuant to 16-4-107 under which the winery is allowed to sell and ship table wine directly to an individual in Montana.
BannedOut-of-state retailers may not ship wine, beer or spirits to Montana consumers.
MCA 16-6-301 · draft
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16-6-301 . Transfer, sale, possession, and manufacture of alcoholic beverages -- when unlawful. (1) Except as provided by this code, a person or the person's agents or employees may not: (a) expose or keep an alcoholic beverage for sale; (b) directly or indirectly or upon any pretense or upon any device, sell or offer to sell an alcoholic beverage; or (c) in consideration of the purchase or transfer of any property or for any other consideration or at the time of the transfer of any property, give to any other person an alcoholic beverage. (2) A person may not have or keep any alcoholic beverage that has not been purchased within the state of Montana. ... (c) possession of beer purchased from an out-of-state brewery if the person possessing the beer holds a connoisseur's license as provided for in 16-4-901 or possession of table wine purchased from a winery that has a direct shipment endorsement as provided in 16-4-1101 ;
BannedDo not ship spirits (or wine over 16% ABV) to Montana consumers; liquor is sold only through state agency liquor stores.
MCA 16-6-303 · draft
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16-6-303 . Sale of liquor not purchased or transferred from agency liquor store forbidden -- penalty. Except as otherwise allowed under 16-3-302 (5) and 16-4-213 (4)(a)(iii), it is unlawful for any licensee to sell or keep for sale or have on the licensee's premises for any purpose any liquor except that purchased from an agency liquor store or transferred as allowed in 16-4-404 (8). Any licensee found in possession of or selling and keeping for sale any liquor that was not purchased from an agency liquor store or transferred as allowed in 16-4-404 (8) shall, upon conviction, be punished by a fine of not less than $500 or more than $1,500, by imprisonment for not less than 3 months or more than 1 year, or by both fine and imprisonment. If the department is satisfied that the liquor was knowingly sold or kept for sale within the licensed premises by the licensee or by the licensee's agents, servants, or employees, the department shall immediately revoke the license.
Permit neededBreweries may ship beer to a Montana consumer only after registering with the Department of Revenue and only if the buyer holds a beer connoisseur's license.
MCA 16-4-903 · draft
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16-4-903 . Direct shipment of beer -- limitations. (1) Subject to the provisions of 16-4-901 , the holder of a connoisseur's license may receive up to 288 bottles or 12 cases of beer from an out-of-state brewery during a 12-month period for personal use and not for resale. (2) A licensee under this section shall forward to the out-of-state brewery a distinctive address label, provided by the department, clearly identifying any package that is shipped as a legal direct-shipment package to the holder of a connoisseur's license.
21+Sell and deliver alcohol in Montana only to buyers 21 or older; direct-shipped wine needs a 21+ signature.
MCA 16-6-305(1)(a) · draft
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16-6-305 . Age limit for sale or provision of alcoholic beverages -- liability of provider. (1) (a) Except in the case of an alcoholic beverage provided in a nonintoxicating quantity to a person under 21 years of age by the person's parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance, a person may not sell or otherwise provide an alcoholic beverage to a person under 21 years of age.
Federal
Applies in every state.
BannedNever ship wine, beer or spirits by USPS: all alcoholic beverages are nonmailable under federal law.
18 U.S.C. 1716(f) · draft
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§1716. Injurious articles as nonmailable ... (f) All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails. ... (June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66 Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85–268, Sept. 2, 1957, 71 Stat. 594; Pub. L. 85–623, §5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, §6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, §1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, §10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, §60003(a)(7), title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, §607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, §4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, §1008(d), Dec. 20, 2006, 120 Stat. 3261.)
Permit neededFedEx carries wine to consumers only for licensed shippers approved under a signed FedEx Alcohol Shipping Agreement, with adult signature.
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Only FedEx-approved, licensed alcohol shippers that have entered into a FedEx Alcohol Shipping Agreement may ship alcohol via FedEx services. Consumers may not ship alcohol of any type via FedEx services. For all alcohol shipments, you’ll need to sign a FedEx Alcohol Shipping agreement. Contact your FedEx account executive for details and assistance and if you don't have an assigned account executive, call FedEx Customer Services at 1.800.463.3339. Adult signature service option. State law, as well as FedEx policy, requires an adult signature at the time of delivery for every U.S. package containing alcohol. It is your responsibility to ensure the adult signature requirement service option is selected so that FedEx requests and obtains the required adult signature. A $5.75 fee per shipment applies for this service.
BannedDo not ship beer or spirits to consumers by FedEx: FedEx carries only wine direct to consumers.
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FedEx currently only permits wine shipments under licensee-to-consumer agreements; beer and spirits require licensee-to- licensee. Licensee-to-consumer FedEx only transports wine licensee-to-consumer.
Permit neededUPS carries wine, beer and spirits only for licensed shippers that have signed the UPS Agreement for Approved Wine/Beer/Spirits Shippers, with adult signature.
UPS: How To Ship Wine · draft
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UPS only accepts packages containing wine from shippers who are licensed under applicable law and who have signed and entered into a contract with UPS for the transportation of wine. All wine shippers must enter into a UPS Agreement for Approved Wine Shippers. All alcohol shippers must schedule a consultation call or speak to their Account Manager to review UPS alcohol shipping policies, submit copies of your state licenses, and complete a shipping agreement. The ability to ship wine depends upon the nature of the shipper's license to sell wine, and the laws of the destination states. UPS permits the following types of wine shipments: Shipments of wine from licensed shippers may be shipped to licensed consignees, where permitted by applicable law. For example, a licensed manufacturer may ship to a licensed distributor, or a licensed distributor may ship to a licensed retailer, so long as the shipments are made in accordance with applicable law. "Licensed to Licensed" shipments cannot be made to consumers. All wine shipments must be made using the UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery. Some states also allow shipments of wine from out-of-state licensed wine retailers to consumers. These states are known as "Retailer Direct Shipment States." Shipments of wine from licensed out-of-state retailers may be made to consignees in "Retailer Direct Shipment States" subject to all of the conditions applicable to Winery Direct Shipment States, except that the purchase is made from a licensed out-of-state retailer rather than a winery. Refer to Addendum A for approved Retailer Direct Shipment States. All shippers who wish to ship wine must enter into either the UPS Agreement for Approved Wine Shippers, or the UPS Wine Industry Fulfillment House Agreement For Approved Wine Shippers. UPS DOES NOT ACCEPT SHIPMENTS OF WINE FROM SHIPPERS WHO HAVE NOT ENTERED INTO ONE OF THESE AGREEMENTS.