Listing category: "North Dakota"

BevAlc Roundup | MA Beer Distributors Push Franchise Reform Bill at State House, 5 Tasting Room Tips to Keep your Winery in Compliance, and ShipCompliant’s 12th Annual Event

Happy Monday! Hope you had a great weekend. Today’s roundup covers Massachusetts beer distributors’ push for a franchise reform bill at the State House, five tasting room tips to keep your winery in compliance, and ShipCompliant’s 12th annual event: GCS ShipCompliant Wine Summit. As always, if you read something I missed, let me know in […]

North Dakota Clarifies Direct-To-Consumer (DtC) Wine Sales & Use Tax Requirements

North Dakota tax laws are being interpreted by the Office of State Tax Commissioner to require out-of-state direct shipper licensees to collect and remit local sales and use taxes on wine shipped to consumers in ND, in addition to the 7% state alcohol beverage gross receipts tax. A winery that has been issued a Direct […]

Reminder | North Dakota Direct Shipper Annual Report

This is a reminder to wineries that hold a North Dakota Direct Shipper license that the deadline for filing your Direct Shipper’s Annual Liquor Tax Report with the Office of State Tax Commissioner and excise tax payment is this Friday, January 15th, 2016.

FedEx Will Now Ship Wine to North Dakota

FedEx recently announced that it has opened North Dakota for shipments of wine. Beginning in September, FedEx Ground and FedEx Express began accepting deliveries of wine into, out of, and within North Dakota. This should greatly benefit wineries in fulfilling direct sales in North Dakota.

North Dakota Legislation Lessens Carrier Penalties

North Dakota’s SB 2324 has been signed into law by Governor Jack Dalrymple and will go into effect 8/1/2015. This bill results in reduced penalties for carrier violations in regards to direct shipments of wine to consumers within the state. Under this law, fee penalties will take the place of the misdemeanor and felony charges […]

Wine Retailers Can Only Ship to 14 States

  Since the 2005 Granholm v. Heald Supreme Court decision addressing the interstate direct shipment of wine, the number of states allowing out-of-state wineries to ship directly to consumers has increased from 31 states to 42. The experience for licensed wine retailers (for example: brick and mortar wine shops, California Type 85 or 20 licensees […]

FedEx will (not) continue delivering wine shipments to North Dakota

Update 10/22/2013: FedEx will halt shipments to North Dakota effective immediately. Official statement from FedEx below. This communication is to confirm that FedEx Express, FedEx Ground and FedEx Home Delivery will cease transporting alcoholic beverages destined to an address in North Dakota effective immediately. FedEx has been unable to arrive at a solution that would […]

FedEx to Halt Shipments to North Dakota

FedEx will stop shipping wine to North Dakota, effective November 1st. Please see below for a statement from FedEx sent to Wine Institute members. Due to recent changes in North Dakota law, FedEx Express, FedEx Ground and FedEx Home Delivery will cease transporting shipments containing alcoholic beverages to and within the state of North Dakota, […]

Update | Eight Companies Approved as Logistics Shippers in North Dakota

This post was updated with the addition of Safe Haven on June 2, 2016. It’s been just over a month since North Dakota implemented SB 2147, and the state has been busy processing applications for the new “Alcohol Carrier” and “Logistics Shipper” licenses required under new law. Shortly after SB 2147 became effective, both UPS […]

UPS and FedEx Approved as Direct-to-Consumer Alcohol Carriers in North Dakota

Following North Dakota’s implementation of SB 2147 last week, which is explained in detail here, North Dakota announced that alcohol carriers FedEx and UPS have submitted applications and are now approved for shipping direct-to-consumer orders into North Dakota through the end of the year. SB 2147 updated the existing direct shipping law with the requirement […]

Logistics Shippers and Carrier License Applications Required in North Dakota

An update to North Dakota’s existing direct shipping law is going into effect today, August 1. Passed earlier this year, the new law maintains much of the existing law surrounding direct shipping, but also adds two new licenses, “Logistics Shipper License” and “Alcohol Carrier License”, in addition to new shipment reports. Since April of 2010, […]

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 […]

North Dakota Makes Direct Shipping Easier for Wineries and Retailers

North Dakota legislature has passed, and its Governor has signed into law on April 1, new legislation that will allow wine orders to be shipped from any fulfillment house that obtains a North Dakota “logistics shipper” license, require licensure of common carriers, and make other related changes to the state’s direct shipping law. These new […]

Updated North Dakota DTC Reporting Requirements

Effective July 1, 2011, North Dakota law will require that direct-to-consumer (DTC) shippers now be subject to the same $100 per day fee for the late filing of reports that is currently required of in-state wineries and other licensees. Additionally, the penalties for failure to pay or late payment of excise taxes by DTC shippers […]

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 […]

It's Not Easy Being Green…But Electronic Filing Makes It Easier

Image, “Office Paper, 2007” by Chris Jordan. June 5th was World Environment Day. And in honor of the wonderful planet on which we live, here’s a look at how some states are doing their part to make it easy for direct-to-consumer wine shippers to be eco-friendly. Generally speaking, businesses are looking to become greener; it […]

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 […]

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! Legislation and Litigation Update

From Jeremy Benson at Free the Grapes! : Free the Grapes! Media Update August 2007 Now that we’re at the end of most state legislative sessions, we thought it timely to provide an update on direct-to-consumer (DTC) wine direct shipping as of month-end July 2007. Here are some highlights, followed by a more detailed description. […]

North Dakota Updates Direct Shipping Forms

North Dakota has updated its Direct Shipping License Application and Alcohol Liquor Tax Report. Wineries are now required to file the direct shipping license application and renewal form electronically. The license must be renewed annually by January 1. Wineries that are unable to file the license application electronically may request permission to file paper reports […]

North Dakota passes updated limited direct bill

Governor John Hoeven signed Senate Bill 2135 (mentioned previously here) this month and the new rules will go into effect on August 1st, 2007. SB 2135 updates the previous direct shipping rules to increase the monthly quantity limits for wineries and retailers to 7.13 gallons (27 liters or 3 standard 9 liter cases) per month […]

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 […]

North Dakota sales tax clarification

There have been some recent questions regarding North Dakota sales tax requirements. Wineries shipping directly to consumers in North Dakota are required to pay the 7% State retail alcohol tax. Additionally, Wineries have the option of deciding whether or not to collect local ND city & county taxes. However, if a winery collects local taxes […]