Listing category: "Tennessee"

What the Tennessee Wine & Spirits Ruling Means for DtC Wine Shipping

Supreme Court Rules Against Tennessee’s Discriminatory Residency Requirements After months of waiting by the beverage alcohol industry, the United States Supreme Court published its ruling in Tennessee Wine & Spirits Retailers Ass’n v. Thomas on June 26, 2019. The 7-2 opinion, written by Justice Samuel Alito, clearly and definitively struck down a rule in Tennessee […]

BevAlc Roundup | Oral Arguments in Tennessee Residency Case, Economic Nexus in Wyoming Affects DtC Shippers, Bev Alc Market Grows to $253B, and 100 Years Since Prohibition Began

This has been a rather busy week for the beverage alcohol industry! As happens every January, the annual reports and industry checkups are coming out, which are always big news. But this week there was also oral arguments before the Supreme Court on beverage alcohol issues — the last time that happened, nearly 15 years […]

Supreme Court Hears Oral Arguments in Tennessee Residency Case

Ever since the U.S. Supreme Court agreed last fall to review Tennessee Wine & Spirits Retailers Association v. Blair (originally v. Byrd, but personnel adjustments in Tennessee have resulted in a name change), speculation on its implications has taken over the beverage alcohol industry. To be sure, any time the highest court hears a case, […]

Supreme Court Agrees to Hear Tennessee Case Many Are Calling “Granholm 2”

On Thursday September 27, the United States Supreme Court agreed to hear Tennessee Wine and Spirits Retailers Assn. v. Byrd (herein, just Byrd), which caused a tizzy to break out among those who follow beverage alcohol regulations. This is big news because for one, Byrd will be the first beverage alcohol case heard by the […]

BevAlc Roundup | U.S. Supreme Court accepts certiorari in Tennessee retailer case, a potential recession in the wine market, and alcohol myths get debunked.

Last week, on Thursday night, the U.S. Supreme Court agreed to hear Tennessee Wine & Spirits v. Byrd Clayton, causing the beverage alcohol regulation community into a tizzy. Though the case has the potential to mix up years of three-tier jurisprudence (particularly whether retailers can equally participate in the DtC shipping market), these are still […]

A Jug of Wine, a Loaf of Bread – States Expand Sale of Beverage Alcohol in Food Stores

As the great poet once put it, “A Jug of Wine, a Loaf of Bread . . . O, Wilderness were Paradise enow.” Clearly, people have long deemed that wine and food go together. Despite this sentiment, there are still states with laws restricting when food and alcohol sales can occur at the same time. […]

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 […]

Wine Sales and Distribution 2012 – A Look Forward

In looking forward to what 2012 might bring the world of wine compliance and regulation, it is instructive to first look back at 2011. One thing we’ve learned after eight years in the world of wine compliance is that once movements gain momentum, it’s hard to slow them down. The past year demonstrated the continuation […]

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 […]

Direct Shipping Licensing Updates

Michigan Direct shipping permits for Michigan are renewable on May 1. The annual renewal cost for the Michigan Permit is $100; the same as the initial permit fee. For those wineries that do not have a direct shipping permit for MI now is good time to consider applying. Licenses are valid from May 1 – […]

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 […]

Tennessee Direct Shipper Applications and Instructions Available

Wineries are now able to apply to the Tennessee Alcoholic Beverage Commission for a Direct Shipper license. Direct Shipper licensees may ship no more than 1 case (9 liters) of wine to a Tennessee consumer during a calendar month and total shipments to each consumer may not exceed 3 cases (27 liters) of wine during […]

Tennessee Direct Shipping Applications Available – What You Need to Know

Tennessee direct shipping license applications are now available. While Tennessee officially became a Limited state on July 1, wineries cannot legally ship to this state until their direct shipping license has been approved. The application states that direct shippers may only ship to wet areas within the state; a condition that may make the state […]

Add Two to the List of Open States, and Many More Updates, Effective Today

Tennessee, Kansas Open For Direct Shipping Today, both Kansas and Tennessee open for direct shipping – the first two states to open in almost three years. These are the first states to change from Prohibited to Limited since Vermont in late 2006. As of today, Kansas residents have direct access to up to twelve cases […]

Kansas permit applications available, Tennessee coming soon…

Late yesterday the Kansas ABC posted their applications for direct shipping on their website.  Wine producers across the country can now apply for permission to direct ship wine to Kansas consumers effective July 1, 2009. Kansas SB 212 was signed into law by Governor Kathleen Sebelius on April 10. Wineries interested in avoiding the hassle […]

Tennessee keeps the ball rolling on direct shipping

Governor Phil Bredesen signed Senate Bill 166 into law today. With the passage of the bill, Tennessee will legally open its doors to winery direct shipping on July 1, 2009. Tennessee prohibited direct shipments from out-of-state wineries long before the landmark Granholm case. Even onsite shipments of wine were disallowed when the Attorney General issued […]

Wine Freedom in the South? Tennessee Direct Shipping Bill Passes the Senate

Tennessee, one of 13 states that still bans direct-to-consumer shipping, took steps towards ending that association on April 13, 2009 when the Senate-approved Senate Bill 166, which allows direct shipments of wine. Currently, anyone who transports wine into Tennessee by bypassing the three-tier system is committing a felony (see Section 57-3-401.b of the Tennessee Code) […]

Tennessee’s AG Rules Consumers May Not Bring Wine into Tennessee, Federal On-Site Provision No Longer Applies

On February 24th, 2009, Tennessee’s Attorney General issued Opinion No. 09-15, which concluded that consumers may not legally carry any amount of wine on their person into Tennessee. This ruling, prohibiting consumers from carrying wine into Tennessee, means that the federal on-site provision does not apply to consumers in Tennessee. Wineries are therefore prohibited from […]

Appeals Court Calls for More Facts in Challenge to Tennessee On-site Law

The October 24th decision of the Sixth Circuit Court of Appeals in Jelovsek v. Bredesen has been widely reported as upholding face-to-face on-site purchase requirements for winery sales to consumers. There is, however, an interesting disconnect between what the district court said when it dismissed the complaint and what the appellate court said in partly […]

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 […]

Tennessee Wholesalers – Crossing the Line?

There are a couple of direct shipping bills in the Tennessee legislature that would allow Tennessee consumers to order wine from any winery or retailer in the country, with some of the regular restrictions. This would be a big deal, considering direct shipments into Tennessee have not been allowed from any state in recent history. […]

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 […]

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. […]

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 […]

The second wave of the Granholm tsunami

Two states now have court cases that illustrate the second wave of the Granholm tsunami. Explicit discrimination in favor of local wineries relative to out-of-state wineries is, in theory at least, already washed away. We now see another crest on the horizon, aspiring to wipe out de facto discrimination –where the formal text of the […]

Lawsuit filed in Tennessee

Add Tennessee to the list of at least nine states that have ongoing direct to consumer litigation. A “wine enthusiast” recently filed a lawsuit in Tennessee to challenge the laws prohibiting the direct shipment of wine to consumers. Tennessee currently is a felony state that allows for a one gallon federal onsite provision, but otherwise […]