(a) Notwithstanding any law, rule, or regulation to the contrary, any person currently licensed in this state or any other state as a winegrower who obtains a wine direct shipper permit pursuant to this section may sell and ship wine directly to a resident of California, who is at least 21 years of age, for the resident’s personal use and not for resale.

1. (1) File an application with the department.
2. (2) Pay the application fee as specified in subdivision (a) of Section 23320 if the winegrower is not currently licensed by the department.
3. (3) Provide the department its California alcoholic beverage license number or a true copy of its current alcoholic beverage license issued by another state.
4. (4) Obtain from the department a wine direct shipper permit.
5. (5) Obtain a seller’s permit or register with the State Board of Equalization pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
6. (6) Register with the Department of Resources Recycling and Recovery as a beverage manufacturer and distributor, as those terms are defined in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).

Before sending any shipment to a resident of California, the wine direct shipper permitholder must:

(b) A wine direct shipper permit authorizes the permitholder to do all of the following:

1. (1) Sell and ship wine to any person 21 years of age or older for their personal use and not for resale.
2. (2) Ship wine directly to a resident in this state only in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
3. (3) Ship wine only if the permitholder requires the carrier to obtain the signature of any individual 21 years of age or older before delivering any wine shipped to an individual in this state.
4. (4) If the permitholder is located outside of this state, report to the department no later than January 31 of each year, the total amount of wine shipped into the state during the preceding calendar year under the wine direct shipper permit.
5. (5) If the permitholder is located outside of this state, pay to the State Board of Equalization all sales and use taxes, and excise taxes on sales to residents of California under the wine direct shipper permit. For excise tax purposes, all wine sold pursuant to a direct shipper permit shall be deemed to be wine sold in this state.
6. (6) If located within this state, provide the department any necessary additional information not currently provided to ensure compliance with this section.
7. (7) Permit the department or the State Board of Equalization to perform an audit of the wine direct shipper permitholder’s records upon request.
8. (8) Be deemed to have consented to the jurisdiction of the department or any other state agency and the California courts concerning enforcement of this section any related laws, rules, or regulations.