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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
Maryland Governor Robert Ehrlich is expected to sign into law a bill that would allow in-state and out-of-state wineries to sell directly to retailers. Senate Bill 812 would allow any licensed U.S. winery that produces less than 27,500 gallons to self distribute to Maryland restaurants and retailers. This bill does not improve the situation in […]
There has been a flurry of wine legislation activity around the country recently… Indiana: House Bill 1016 was approved by the Indiana House and Senate and awaits signature from the governor. This is one of the stranger bills out there to say the least. It allows for limited direct shipments from both in-state and out-of-state […]
Pending court cases in Washington and Texas will set precedent throughout the country for determining the role of retailers in the world of wine shipping. Before digging in, let’s start with a terminology summary: Direct Shipment: The direct shipment of wine from wineries (suppliers) to end consumers. Wineries may ship via common carrier (UPS and […]
Minnesota has lifted their ban on internet wine sales and advertisements. A Consent Order was entered on April 3, 2006, in the case of Kimberly Crockett, et al vs. Michael Campion, Commissioner of Minnesota Department of Public Safety, et al, wherein it was declared that the plaintiff and other wineries have the right under the […]
Colorado House Bill 1120 passed the House and is now in the hands of Governor Owens. The bill would remove reciprocity language and create a limited direct model with equal access from all states. Colorado consumers will no longer be required to make an initial onsite visit to a licensed winery before making offsite purchases. […]
Michigan�s direct shipping application process appears to be very straightforward (at least compared to other forms I have read through recently). Wineries who wish to ship wine directly to Michigan consumers must complete the Michigan Liquor Control Commission�s (MLCC) Direct Shipper Application, pay the $100 permit fee and register with the Michigan Department of Treasury. […]
As if keeping track of over 7,500 direct shipping rules wasn’t hard enough already! Let’s start with a little background on the issue of New York reciprocal privileges. Even though they published their advisory in August of 2005 (after the Granholm decision), the New York regulations included the following language about reciprocity. The newly enacted […]