Flowers are starting to bloom, and the Roundup is one more bud for you to enjoy. This week we have a special section all about U.S. craft beer having an increasing impact in other countries, including how exports continue to grow as U.S. styles capture foreign taste buds. We also look at how a burgeoning […]
Listing category: "Texas"
BevAlc Roundup | U.S. craft beer is conquering the world, a look at three DtC sellers, and why alcohol should be green.
BevAlc Roundup | Avoid trade practice violations, wine exports continue to grow, and the secrets in wine labelling.
Spring is here, and the BevAlc Roundup is in full bloom! This week we look at the TTB’s latest trade practice investigations along with how recent trade disputes with China could affect the industry. Then, which markets are growing (exports and craft beer) and which need a pick-me-up (cider and selling to Gen-X). Finally, if […]
BevAlc Roundup: ShipCompliant Beer Summit, Crackdown on Interstate DtC, Oktoberfest-Proof Shoes and Blue Wine
In today’s roundup we’re pleased to announce that Paul Gatza of the Brewers Association will be our featured speaker at the ShipCompliant Beer Summit on Oct. 3. You’ll also find articles on how states are taking a hard look at interstate direct-to-consumer shipping, more news from Pennsylvania, updates from the TTB and new products that […]
BevAlc Roundup | Pennsylvania to Require Quarterly DTC Reporting, Craft Fights Back Against “Big Beer” With Independent Seal, and UB40 Is Now Selling Wine … Red Red Wine
Today’s roundup covers Pennsylvania’ new DTC reporting requirement, craft beer’s independent seal, and the band UB40 is now selling wine … red red wine. Have a great July 4th holiday! Pennsylvania To Require Quarterly Reporting for Winery DtC Starting July 31 | On June 7, 2017 the Pennsylvania Liquor Control Board (PLCB) sent out notices to […]
Everything is bigger in Texas, including 4 month quarters and 13 month years
Texas sent out notices to all permitted out-of-state wine direct shippers that as of January 1, 2014, the Texas Alcoholic Beverage Commission (TABC) is updating the filing periods for the C-240, Shippers Excise Tax Return. The notice states that permittees shipping less than 4,000 gallons annually to consumers in Texas may begin filing this return […]
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 […]
Texas Eases Requirement for Direct-To-Consumer Licensing
The direct shipper permit application process has just become a little easier. The Texas Alcohol Beverage Control Commission (TABC) has determined that it is no longer necessary or appropriate to require every Out-Of-State Direct Wine Shipper permit applicant to submit a bond with its application. As of November 15, 2012, the only direct shipper applicants […]
Out-of-State Shippers in Texas Get a Break on Excise Taxes – Until Now
Texas recently sent an updated Direct Shipper’s Report (form C-240) along with a letter to Out-of-State Winery Direct Shippers, alerting the licensees of a change in the tax rate to be paid on wine sent to Texas residents from out-of-state. Until now, Texas has only required out-of-state direct shippers to pay $0.204 per gallon on […]
The Meaning of Silence
Last Monday the U.S. Supreme Court declined review of the 2010 Court of Appeals decision in Wine Country Gift Baskets.com v. Steen, a Texas case refusing to apply Granholm’s antidiscrimination principle to wine sales by out-of-state non-producing retailers. (Previous blog posts have referred to the case as the Texas Siesta Village suit, using its original […]
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 […]
On January 26th, the Fifth Circuit Court of Appeals ended the puzzling status of interstate retailing in Texas created by the lower court’s decision in Siesta Village Market. The district court had ruled that out-of-state retailers had a Commerce Clause right to sell wine to Texas consumers, but only wine that had been purchased from […]
Texas to Roll Out New Volume Limits
New rules in Texas should benefit Lone Star consumers, and also make life a little easier for wineries. On June 19th, Texas Governor Rick Perry signed into law HB 1084, which will take effect on September 1st, 2009. Under the new rules, three different volume limits replace the existing set of two limits for licensed […]
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 […]
The Lone Star State: To File Monthly or Quarterly, that is the Question
As was reported earlier this week, the Texas C-240 Direct Shipper’s Report will change from a monthly to a quarterly return for orders shipped after September 1st. However, we’ve received a number of questions about how to report shipments for the month of August. August is the last month that will require a monthly return, […]
Good News from Texas
On September 1, 2008 Texas will begin requiring direct shipping reports to be submitted on a quarterly basis. Reports will be due within 15 days of the completion of every 3 month quarter. Currently, direct shippers must file a report and pay taxes every month. The new report will no longer require direct shippers to […]
Woman of the Hour – Tracy Genesen
Tracy Genesen of Kirkland & Ellis, LLP is one of the prominent forces currently driving legal change in the wine industry and was the keynote speaker at ShipCompliant’s 2008 Users Conference a few weeks ago. Genesen’s speech analogized her role in the industry to a “court of last resort” when legislative means are unsuccessful in […]
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 […]
Retailers win one, lose one in Texas court
Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas handed down a very important decision on Monday. In the Siesta Village Market Opinion, Judge Fitzwater said the following The court concludes that Texas’ ban on the sale and shipment of wine by out-of-state retailers to Texas residents is unconstitutional, but […]
Is the retail to consumer shipping battle headed to the Supreme Court?
The issue of direct shipments by retailers to consumers has become a very hot topic of late. As of today, retailers can ship to less than half of the number of states to which producing wineries can ship. The Specialty Wine Retailers Association is fighting hard with both legislative efforts and litigation to open more […]
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 […]
Dropping the Second Shoe
Recent lawsuits in California, following the preliminary consent decree in Texas, bring home the second major implication of Granholm. The Supreme Court opinion of May 2005 told us that a state may not allow its own wineries to sell directly to consumers if it excludes out-of-state wineries. Its first implication �that states allowing their own […]
Preliminary injunction in Texas is a temporary truce
The recent preliminary injunction entered by agreement in Wine Country Gift Baskets.com v. Steen is only a temporary truce. Both sides are reportedly preparing for a contest over the final judgment, while the delivery companies and potential retailer-shippers attempt to figure out what the requirement that shipments be by �a carrier permitted by Texas Alc. […]
The role of retailers
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 […]
Court cases left and right
We’ve seen a lot of activity over the past two weeks in the court room that will have some big impacts on the direct shipping landscape. We’re going to take a look at recent activity in Washington, Texas, Minnesota, and Maryland in the next few days.
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.
Flip-flop by Rendell gives hope to wineries
Earlier we noted that Pennsylvania Governor Rendell opposed direct wine shipments because they would increase the chance that minors receive alcohol. After taking a lot of heat for that “colossal lie”, Rendell changed his tune and is now saying that it’s all about state revenue. “The Pennsylvania Liquor Control Board, which manages the state’s 640 […]