In mid-April we published a post about Senate Bill 113 passing the Senate and moving to the House for review. We have good news: Governor Mike Pence signed Indiana SB 113 into law yesterday, May 4th. This bill was approved by the House with amendments by a vote of 91-7. The Senate agreed to these […]
Listing category: "Indiana"
Shipping Wine to Indiana Just Got Easier
Good News for Direct Wine Sellers to Indiana
Indiana SB 113, one of two bills this legislative session, has passed the Senate and is currently in the House for review. This legislation, should it pass the House and be signed into law, is good news for both Indiana wine consumers and direct wine sellers to Indiana. In-state and out-of-state wineries would have the […]
Updates to the Indiana Excise Tax Return Process
Indiana recently published a new site to upload and file alcohol excise tax returns. The site is ready for use, right now and means some changes in the process for those filing in Indiana.
Ship or Distribute to Indiana? Here’s How to Meet Their New Requirements
Starting with the October filing period, Indiana requires all alcohol beverage companies working in Indiana to electronically remit monthly excise tax returns and shipment reports. This method for electronic filing and payment is unique to Indiana and does not exist in any other state report. ShipCompliant will be holding several webinars over the coming weeks […]
Indiana Now Requires Encrypted File Transfer for Alcohol Reports
No one disputes that applying new technology to the process of complying with state liquor regulations is long overdue. However, the new eFile requirements for Indiana excise taxes and shipping reports demonstrates that instituting new digital processes can be challenging. The New Law Beginning with the October filings (due in November), Indiana will require alcohol […]
Is the Marketplace Fairness Act Fair for Wineries?
In short, yes, for a couple of reasons: 1. Wineries already pay sales tax in most states 2. The vast majority of wineries will likely be exempt from the law So what is it, exactly? Senate Bill S. 743, more commonly known as the “Marketplace Fairness Act“, is a pretty simple bill that would give […]
To Stay Afloat, Here is a Life Buoy of Wine Compliance Legislative Updates
As the snow melts here in Boulder, it’s time for a status update on the direct shipping bills we expected to see in 2013, as well as other notable legislation. 1. How are Direct Shipping Bills Stacking Up? Massachusetts has seen six direct shipping bills introduced this session, and though there hasn’t been much movement […]
Direct Shipping Legislation Heats Up Across the Country
This time of year always brings a flurry of legislative activity, and 2011 is no exception. The Granholm v. Heald Supreme Court ruling from 2005 is still having its impact on many states. 27 states are currently considering some form of direct shipping legislation, and at least 44 more have considered some sort of tax […]
Hidden Costs of Direct Shipping Licensing
Before jumping into a direct shipping program in a new state, wineries should consider their current prospect list, market potential, shipping difficulty and costs. When it comes to calculating start-up costs to enter a new state, there is often more than meets the eye. In addition to license fees, wineries may need to budget for […]
On-Site Requirements: Still Standing in the Heartland
Last August, the Seventh Circuit Court of Appeals in Baude v. Heath invalidated an Indiana statute that made most out-of-state wineries ineligible for the “direct wine seller’s permit,” which the law would have limited to in-state wineries and to wineries in the few states that do not grant them local wholesaling privileges. However, the opinion […]
Face-to-Face Enforced in Indiana
The Indiana Alcohol and Tobacco Commission is now enforcing the statutory citation concerning the initial face-to-face transaction requirement in Section 7.1-3-26-6. The face-to-face requirement originally became effective on July 1, 2006, but was later stayed by the Court on August 24, 2007. However, the stay has expired and it is recommended that direct shippers comply […]
An Unfortunate Direct Shipping License Clarification in Texas
Wineries applying for a Texas Direct Wine Shipper’s Permit or renewing their existing permit must now pay a surcharge of $160 in addition to the $75 annual permit fee. Currently the Direct Shipper’s permit is renewed annually. However, beginning January 1, 2009 all Direct Shipper licenses will be valid for two years. Applicants will have […]
Indiana Still Standing on Their Face
On September 11th, the 7th Circuit Court of Appeal said that they will not rehear an appeal concerning the original opinion of the Court in Indiana. The denial to rehear the case confirms that currently it is legally within the power of the State of Indiana to require wineries to ship wine to Indiana consumers […]
A Little Knowledge Is Not Enough: Evidentiary Burdens In On-Site Cases
The August 7th decision of the Court of Appeals for the Seventh Circuit in Baude v. Heath has been characterized as a loss in the fight against on-site purchase requirements. Indeed, the opinion leaves Indiana’s initial personal visit requirement in place. That is not, however, the whole story. It’s important to keep in mind in […]
7th Circuit Reverses Indiana Face to Face Ban
The 7th Circuit Court of Appeals made an important decision yesterday regarding face-to-face transactions when shipping wine directly to Indiana consumers. After Indiana initially passed its direct shipping laws to comply with Granholm, the face-to-face requirement was successfully challenged in August of 2007. However, yesterday’s decision will eventually reverse the face-to-face clause. None of the […]
Rhode Island and Alabama: Let My Pinot Go!
As legislative sessions continue to progress across the country, more and more legislative bills concerning direct shipments of wine are being considered. If the bills mentioned in this post pass, two states will change from being prohibited states to permit states. The last state to change from a prohibited state to a permit state was […]
An Accident On The Way To Court
The February 26, 2008 decision by an Arizona federal district court in Black Star Farms LLC v. Oliver supports an in-person purchase requirement, one of the principal legislative attacks on the level-field principle enunciated in Granholm. In-person purchase as a precondition to direct shipment solves a fundamental political problem for the middle tier. Although Granholm […]
Wine Distribution Notes – Release 26
Release 26 of Notes on Wine Distribution by R. Corbin Houchins is now available for viewing. These notes are a great resource for keeping up to date with developing trends in direct shipping and direct distribution. As always, you can find the most recent version of these notes at the ShipCompliant Blog by clicking on […]
Indiana Clarifies Shipping Rules – Wine Institute Recommends Member Wineries Begin Shipments
The Indiana Alcohol and Tobacco Commission, in response to a series of inquiries from Wine Institute’s Regional Counsel Nino Ciaravino and our local counsel John Keeler, today clarified their position with regard to an enforcement component of that state’s direct-to-consumer shipping statutes. Originally passed in March of 2006, Indiana’s DTC shipping statute contained provisions which […]
Indiana and Oregon – starkly different paths to wine shipping laws
Wine Spectator Online has a good article that compares the different paths that Indiana and Oregon took in arriving at their new rules. It’s definitely worth a read. Here are some excerpts: Advocates of direct-to-consumer wine shipments recently scored two points in the win column: Oregon and Indiana. Both states now have more open direct-shipping […]
Parts of Indiana law declared unconstitutional. Can I ship there now?
Earlier this year, we discussed the “new vintage” of wine litigation that was taking place across the country. As background, since the 2005 Granholm decision, the wine wholesale lobby has recognized that they must pick their battles, and therefore concede the ability for wineries to ship directly to consumers in most states. Recognizing they would […]
"New Vintage" of Wine Litigation
There’s an excellent article on law.com titled “New Vintage of Wine Litigation is Fermenting”. The article summarizes the “next wave” of wine lawsuits that will continue to shake up the landscape of direct shipping. New suits and amended complaints filed in the past year are attacking requirements that consumers must purchase wine in person, with […]
Confusion about Indiana
We have had a number of people ask about the direct shipping status in Indiana. Most will say something like “Indiana is now available for direct shipping”. Well, not really. Technically, Indiana passed House Bill 1016 in March, allowing for direct shipping. However, there are severe restrictions that effectively make Indiana prohibited. Wineries can theoretically […]
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 […]
Indiana bill passes House and Senate, awaits Governor's signature
A legislative compromise in Indiana passed the House on Monday and the Senate on Tuesday and now heads to the Governor for final approval and signature. The Senate approved the legislation only after the group of 9 wineries that sued the Indiana Alcohol and Tobacco Commission agreed to drop their lawsuit. Although it is fantastic […]
Indiana wineries reach compromise… but Senator kills wine bill
Shortly after a compromise was reached in Indiana that would allow direct shipments with a 24 case per year limit per individual and a 1,000 case limit per winery, Senate President Pro Tempore Robert D. Garton sent the bill to the Senate Rules Committee, which is considered a “graveyard for legislation”. Instead of helping to […]
Indiana wholesalers attempt to buy the vote
The Wine & Spirits Wholesalers of Indiana Political Action Committee gave over $180,000 between 2000 and 2004 to Indiana politicians and candidates. The Fort Wayne Journal Gazette explains why there is no wonder that favorable legislation was introduced there. It is no secret that the wine wholesalers and distributors wield tremendous power in every state. […]
Opposing legislation to be introduced in Indiana next month
When the Indiana General Assembly reconvenes next month, at least two bills will be introduced that address the issue of wine direct shipping. As is usually the case, one bill would allow direct shipments from both in-state and out-of-state wineries and one bill would prohibit direct shipments.
Indiana (and Kentucky) wine law challenged
Nine Indiana wineries push the courts to allow in-state shipments of wine. Add Kentucky and Indiana to the list of states that will revisit their legislation in 2006.