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Napolitano signs Arizona wine shipping bill

On Thursday, Arizona Governor Janet Napolitano signed into law SB 1276, opening Arizona for limited direct shipping and self distribution. As we mentioned below, this will establish a capacity cap for offsite sales of 20,000 gallons (roughly 8,400 cases). Onsite sales will continue to be allowed with a per customer volume limit of 2 cases […]

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Rethinking Demon Rum

Several observers have noted the generational nature of Granholm�s 5-4 split in the Supreme Court. Roughly, the judges divide between those do not remember the advents of Prohibition and Repeal, but have witnessed the growing acceptance of table wines, particularly relatively costly wines from the burgeoning small producer sector; the dissenters recall vividly the lawlessness […]

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"Domestic farm winery" bill passes Arizona legislature

Senate Bill 1276 passed the Arizona state House last week and now awaits Governor Janet Napolitano’s signature. SB 1276 would continue to allow for the direct shipment of orders where “the wine was purchased while the purchaser was physically present at the winery”. The bill would also allow for off-site orders, but with serious restrictions. […]

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Preliminary injunction in Texas is a temporary truce

The recent preliminary injunction entered by agreement in Wine Country Gift Baskets.com v. Steen is only a temporary truce. Both sides are reportedly preparing for a contest over the final judgment, while the delivery companies and potential retailer-shippers attempt to figure out what the requirement that shipments be by �a carrier permitted by Texas Alc. […]

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Wine Institute direct shipping portal updates

The Wine Institute direct shipping portal was updated last night with the first of many changes to come over the summer. After launching a new look and feel for their home page, they are now turning their attention to the direct shipping portal. Frames were removed from the direct shipping portal as a first step, […]

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Kansas to allow direct shipment of on-site orders

Kansas Governor Kathleen Sebelius signed Senate Bill No. 297 last week, making it legal for in-state and out-of-state wineries to ship wine directly to Kansas consumers provided that “the consumer must purchase the wine while physically present on the premises of the wine manufacturer”. The new laws go into effect on July 1st. The legislation […]

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Connecticut permit fee clarification

The direct wine shipping permit application process in Connecticut just became a littler clearer thanks to their new forms. The Connecticut Department of Consumer Protection Liquor Division has put all of the forms needed to obtain an Out-of-State Shipper�s Permit on their website. The same forms are linked to Wine Institute�s Direct Shipping website. There […]

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Vermont opens for direct wine shipment

We love to see a purple state turn blue! Vermont officially moved from a prohibited state to a limited direct state on Thursday when Governor Jim Douglas signed into law S.58. In-state and out-of-state wineries can now apply for a $300 direct shipping license and ship up to 12 cases annually to Vermont consumers. Wineries […]

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FedEx Express and FedEx Ground policy for return of wine shipments

FedEx Express and FedEx Ground have clarified their policy for the return of direct-to-consumer wine shipments. Because FedEx policy only allows for approved licensees to ship wine, it has been understood and interpreted that individual consumers as recipients of a wine shipment are prohibited from returning such a shipment to the sender. However, return shipments […]

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Washington Liquor Control Board to appeal Costco ruling

The Washington State Liquor Control Board announced yesterday it will appeal the ruling issued by Judge Marsha Pechman. The state will likely file its appeal in the next few weeks and will claim that the 21st Amendment should trump the Sherman Antitrust Act. In other words, the state should have the right to create monopolies, […]

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The broader effects of Costco

I. Discrimination against Direct Distribution from Outside the State There seems little doubt that Costco�s reading of Granholm will survive appeal. Nothing appeared in the Costco record to distinguish direct shipment of beer and wine to retailers from direct shipment of wine to consumers. Most states with wine industries allow local wineries some form of […]

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R. Corbin Houchins

We are very happy to announce that R. Corbin Houchins from the Beverage Practice Group of Graham and Dunn is joining us as a blog author. Our goal is to continuously add value to the readers of this blog by providing insight and analysis in the world of wine shipping compliance. Mr. Houchins is certainly […]

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Where is Jim Barbuti?

Effective today, Jim Barbuti of the State of New Hampshire Liquor Commission has a new mailing address. This new address should be used to send your monthly reports as well as any correspndence to Mr. Barbuti. Mailing Address State of New Hampshire Liquor Commission Bureau of Enforcement Attn: Direct Shipping PO Box 1795 Concord NH […]

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HB 247 passes Florida House

As you recall, Florida is currently open for wine direct shipping under the honor system. In the meantime, the Florida House and Senate are busy hashing out the details of what will become the permanent legislation in the Sunshine State. HB 247 passed the Florida House Wednesday and now awaits the Senate. This bill would […]

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Costco ruling – Findings of Fact and Conclusions of Law

We added the Findings of Fact and Conclusions of Law from the Costco v. Hoen case to our Document Library. Here are a few key passages from the document (emphasis added) The Sherman Act reflects a strong federal policy in favor of competition. At the same time, the Twenty-first Amendment provides each state with broad […]

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Landmark ruling in Costco vs. Hoen

On Friday, Judge Marsha Pechman released Findings of Fact and Conclusion in the case of Costco v. Hoen. In a landmark ruling for the future of the three tier system, the Court found that the Washington state-mandated wholesaler monopoly was not shielded by the 21st Amendment and was in violation of the Sherman Antitrust Act. […]

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Summary of changing states

Wow, there have been a lot of changes to direct shipping laws this year and we are not even at the six month mark! Many reciprocal and prohibited states are becoming permit states. This is good news for wineries and consumers, but it is hard to keep track of all the changes. There are several […]

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Colorado bill signed by Governor Owens

Effective on July 1st, 2006, Colorado will officially move from a reciprocal state to a limited-direct state. See the file in the ShipCompliant Document Library for the full details of House Bill 1120, which will establish a permit system for in-state and out-of-state wineries. Governor Bill Owens signed the bill on Thursday. Colorado was previously […]

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