Listing category: "New York"

A New State Goes “PRO”

ShipCompliant by Sovos announced on September 19 the newest member of the Product Registration Online (PRO) network, New York. The New York State Liquor Authority (NYSLA) has chosen to partner with PRO to expedite alcohol product registrations online. This solution will digitize registrations and renewals for NYSLA through PRO’s online submission and approval system for […]

The Empire Strikes Ahead – Recommended Changes to New York’s Alcohol Laws

On April 13th, Governor Andrew Cuomo of New York announced the final report of the Alcohol Beverage Control Law Working Group, which had been convened to review and recommend changes to New York’s existing Alcohol Beverage Control Law (ABCL). The final report (available here) notes fifteen areas of the ABCL where the Working Group found […]

Speaker Spotlight | Beverage Alcohol Community Symposium (BACS)

ShipCompliant is gearing up for our annual fall event, the Beverage Alcohol Community Symposium (formerly known as the Wholesale Gathering). We have a stellar line-up of speakers who will share their knowledge, best practices, and tips and tricks to help you navigate the challenges and regulations you face when bringing new products to market. Before […]

[Updated] 7 Tips for Better Age Verification for Wine Shipments

As direct-to-consumer wine shipments grow in popularity, we regularly get questions about best practices for consumer age verification. We’ve covered this topic in our blog previously but with the ever-changing laws, it’s time for an update.

Beer Here: Will Direct to Consumer Beer and Cider Shipments Happen in New York?

Currently there are only a handful of states that offer DTC beer shipments in the country. New York could be next up to bat with a bill that, among other things, would allow beer shipments to cross state lines into the hands of consumers. New York is the 4th largest consumer of beer products in […]

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 […]

Idaho and New York Simplify Direct Shipping Permitting Processes

Idaho and New York wine direct shipper licensees can anticipate a simpler licensing process as the new year approaches. These improvements are expected to alleviate some of the burden that accompanies the amount of paperwork attributed to the licensing process. Details on these updates are outlined below. IDAHO Previously an applicant had to submit two […]

At A Glance: Get into a New York State of Mind — Direct Shipping to the Empire State

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 […]

Notes on Wine Distribution v.32

The latest version of “Notes on Wine Distribution”, by R. Corbin Houchins, is now available. Release 32 includes updates on legislation, litigation and general discussions on available distribution channels for wine. This release includes substantial changes, including new sections on age and identity, facial neutrality, and logistical support services, as well as updates to state […]

Annual Filing Option Now Available for Direct Shippers in New York

New York has recently amended its alcohol beverage tax regulations to allow certain wine distributors to file Form MT-40 (Wine Tax Return) on an annual basis rather than a monthly basis. Out-of-State wineries must be licensed by the New York State Liquor Authority as a direct shipper and submit the “Application for Annual Tax Return […]

Still Looking for Granholm’s Limits

Anyone hoping the intermediate appellate court reversed in Granholm had become pro-commerce would have been disappointed by the July 1st decision of the Second Circuit in Arnold’s Wines, Inc. v. Boyle. At issue was whether a state permitting its local retail licensees to ship directly to consumers might constitutionally deny out-of-state retail licensees equivalent access. […]

Reminder: Updated New York Excise Tax Forms for May Sales

The New York State Department of Tax and Finance recently sent a notice to direct shippers who filed and paid taxes on May shipments using form MT-40 to inform wine distributors and wineries that the paper form mailed by the state was an old version, reflecting old tax rates applicable only to orders placed before […]

Excise Taxes Updates, New York Up and North Dakota Down

The wine excise tax rate in New York will increase on May 1, 2009 from $0.1893 per gallon to $0.30 per gallon. Wine Institute was part of a coalition of industry members that actively opposed the NY Governor’s proposal for a wine excise tax and demonstrated the detrimental effects an excise tax increase would have […]

Another Paper Return Bites the Dust: Required Electronic Filing in New York (Due July 15th)

On July 1st, 2008, New York announced that their semi-annual “New York Wine Manufacturer’s Report of All Wine Directly Sold and Shipped” is required to be filed online. Shipments made from January 1, 2008 to June 30, 2008 must be reported to the New York Liquor Authority by July 15th, 2008. Online submission of the […]

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 […]

Six Veils Out of Seven: Retailer Shipments Under Granholm

On January 14, 2008, a district court in Texas rendered a mostly pro-trade decision in Siesta Village Market, LLC v. Perry that clarified much, but danced around the hottest issue, leaving the final veil in place. The case upholds the basic Specialty Wine Retailers contention that a state that allows its retailers to deliver to […]

Reporting Madness

Hello and happy holidays from the ShipCompliant team! We’ve been a little quiet as we prepare to help all of our winery and retailer partners prepare for the big storm of reports that come due in January. Wineries that ship to all of the possible states for direct shipping can owe over 500 reports each […]

Wrong, but Not Surprising: A Loss in Extending Granholm to Shipments by Retailers

The recent decision in Arnold’s Wines, Inc. v. Boyle, Docket No. 06 Civ. 3357 (Southern District of NY, Sept. 9, 2007), which upholds New York’s requirement that retailers be located within the state to sell and ship to New York residents, illustrates the difficulty of separating dictum from holding in the Granholm case. (See the […]

Free The Grapes! legislative update

Free the Grapes! recently provided an update on direct to consumer shipping legislation and litigation for 2007. As you can see below, many changes are likely to come this year. LEGISLATIVE UPDATE Wine Institute provided the following summary of direct shipping legislation around the country. Alaska –House Bill 34 (Ledoux) would specifically allow in-state wineries […]

Terroir in Court

For the first time in post-Granholm legal maneuvering, a court has recognized the geographic distinctiveness of wine as a factor in applying the “level playing field” requirement. Kentucky is one of about eight states that responded to Granholm by authorizing only on-site sales. The argument by the wholesalers and their allies in favor of that […]

A response to the Family Winemakers lawsuit

Doug Caskey, from the Colorado Wine Industry Development Board, responded to our post about the lawsuit in Massachusetts with a lengthy comment. I wanted to republish it in a new post because it is well worth reading. At the risk of sounding like a traitor to the cause of wine, free trade and the American […]

New York reciprocal shipping privileges and quantity limits

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 […]

Hawaii moves to end reciprocity

Two similar bills would create a limited direct model in Hawaii, which currently has reciprocity with 13 other states. The proposals are similar to the laws established in New York, Connecticut, and Texas with a permit requirement and a per customer limit of 24 cases per individual per year. Read more here.

FedEx approved to ship wine to New York

The State of New York Division of Alcoholic Beverage yesterday officially approved FedEx to make wine shipments directly to New York consumers. Carriers approved to ship to New York are required to “capture and maintain specific information, including a signature and the New York Out-of-State Direct Shipper�s license number of out-of-state wineries.” Both FedEx and […]

New York approves UPS for interstate shipping

After a long delay, New York finally approved UPS for interstate shipments. Permitted out-of-state wineries can now ship into New York via UPS. FedEx is expected to be approved soon as well. To see a complete listing of UPS allowed states for direct, onsite, and licensee to licensee shipments, you can visit the UPS Wine […]

Granholm v. Heald

On May 16th, 2005, the Supreme Court of the United States issued a landmark decision in the case of Granholm, Governor of Michigan, Et Al, v. Heald Et. Al.. We will discuss this case at length in this blog, but let’s start with the basics. You can see the official Supreme Court decision here, but […]