Listing category: "Wine Business"

BevAlc Roundup | TTB’s Request for Comments Hard Cider Tax, Gluten Free Beer, and the First Woman in Moonshine

Today, our roundup includes TTB’s request for comments about changes to the hard cider tax rate, gluten free beer, and the first woman in the moonshine business. Enjoy!

Arizona Releases New Direct-to-Consumer License

On November 29, the Arizona Department of Liquor Licenses and Control (DLLC) released the application for the new Series 17W Direct-to-Consumer (DtC) Wine Shipment License. As discussed in a previous blog post this new license is available to wineries of all sizes, granting them permission to make DtC sales to Arizona residents. This new license […]

BevAlc Roundup | DOJ’s Final Judgement on the SABMiller Acquisition, Changes in Pennsylvania and Iowa, Music Licensing for Wineries

After a short summer vacation, our Beverage Alcohol Roundup is back! In this issue, we distill the recent DOJ Final Judgement on the SABMiller acquisition, Pennsylvania opens up DtC, and Iowa looks at ways to support growth of their beverage alcohol industries. We hope you find these articles useful. If you read something I missed, please […]

Oregon Wine Market is More than Pinot Noir

It’s indisputable that California’s Napa Valley and Sonoma County are the most famous wine regions in the nation. Of course, we in the wine industry understand our business certainly isn’t limited to this state. Vineyards across the nation are home to exceptional wine; those in Oregon are no exception. Over the past decade, this northwest […]

Grape Expectations: 5 SMS Marketing Tips Designed to Juice Your Winery’s Sales

‘Nearly two-thirds of Americans are now smartphone owners, and for many these devices are a key entry point to the online world.’ This statement from the Pew Research Center comes with implications for wineries. In particular, mobile marketing plans are now a necessity for a diversified marketing strategy. We reached out to Sophorn Chhay, an inbound marketing […]

The Acquired Taste of Millennials

It’s no secret that millennial spending behavior varies in many ways from Baby Boomers and Gen Xers. They’ve delayed making major purchases such as homes and cars. They’re obsessed with mobile technology and social media. While the exact cut-off dates are debatable, Nielsen defines this generation as those born between 1977 and 1995. What’s this […]

Guest Post | Five Things Distributors Look for in New Suppliers 

Navigating the supplier-distributor relationship can be a very tricky task. This is something we often have clients ask about, so we reached out to Evan Kell of Pioneer Wines for some best practices and considerations for working with a new supplier. Give it a read and let us know if you have questions! 

A Move to Let DtC Bloom in the Desert

As we all know, direct-to-consumer (DtC) sales of wine have blossomed over the last ten years. For the most part, this has come from concerted action from winery representatives and regional groups, as well as wine lovers arguing for their right to purchase wines directly from their favorite wineries. In many states, state legislators heeded […]

Infographic | Our Guide to Surviving the DtC Holiday Rush

For better or for worse, the holiday season is upon us. (For the record, we say for better.) While the holiday season brings with it festive music, delicious eggnog, and excessive family time, it also brings lots of extra sales. In the direct-to-consumer wine industry, this means more packages sent, which means more opportunities for […]

Guest Post | Going Mobile with Your Winery

This day in age, folks are on their phones for more than just making calls or sending messages. It’s become a place to do business. This transition has been difficult for many businesses to keep up with, especially within the beverage alcohol industry. We asked Scott Stanchak, a mobile marketing and product strategy executive, as well […]

Guest Post | Cybersecurity and Your Business

We at ShipCompliant take the issue of cybersecurity incredibly seriously. Protecting our client’s information and their privacy is our number one priority, which is why we test our system for weaknesses daily. With recent hacks in the wine industry, we’ve received questions from our clients wondering what they can do to protect themselves and their […]

Illinois Update | Attorney General Announces New Relief in Shipping Tax Cases, but Wineries Must Act Fast

Wineries facing a lawsuit for failing to collect shipping taxes may have another means of relief according to a recent announcement by the Illinois Attorney General (AG). As first reported by attorney David Ruskin, the AG has indicated that she will conduct further reviews of pending False Claim cases based on new rules proposed by […]

Pinot Noir Increases in Popularity

We publish our annual Direct to Consumer Wine Shipping Report to provide an overview of the direct shipping industry. This includes data analysis on trends across the year, winery size, destinations, regions, prices, and varietals. 2014 showed an overall improvement of the industry. Some varietals, in particular, served a large role in this improvement.

2014 Saw Increase in Average Wine Bottle Price

This past year proved to be an impressive year of growth for the winery-to-consumer direct shipping market. While many variables contributed to this progress, the recovery of the average price per bottle of wine shipped is especially notable. To find out about other factors of the 2014 growth, download the full 2015 Direct-To-Consumer Wine Shipping […]

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 […]

Direct Wine Shipping to South Dakota Gets the Green Light

Governor Dennis Daugaard has signed into law legislation House Bill 1001, passed by the South Dakota legislature that finally ends the state’s prohibition against wine direct shipping. When the new law becomes effective on January 1, 2016, the gates will be open for winery to consumer shipments to the Mount Rushmore state. The passage of […]

Report Shows Record-Breaking Year for Direct Wine Shipping

–For Immediate Release– ShipCompliant and Wines & Vines Release Annual Report Showing Value of Winery Direct Shipments Jumping 15.5% in 2014 (Boulder, COLORADO)—American wineries increased the dollar value of their direct-to-consumer shipments by an unprecedented 15.5% in 2014, with an equally record-breaking increase in the volume of those shipments. The average price per bottle of […]

FedEx will begin shipping wine to Massachusetts on Febuary 1st

FedEx announced today that, effective Feb. 1, 2015, FedEx Express and FedEx Ground will open the state of Massachusetts for legal shipments of alcoholic beverages. The announcement provided the following: FedEx Ground and FedEx Express will both transport legal alcoholic beverage shipments into, out of and within the state of Massachusetts starting Feb. 1, 2015. […]

New Direct Wine Shipper License Applications Now Available for Massachusetts

As we discussed in a previous post, Massachusetts opening to direct shipping is probably the biggest change that we have seen in direct wine shipping since the Granholm Supreme Court decision of 2005. Over the weekend, the Massachusetts ABCC updated their website with a brief advisory on the new direct shipping law that summarizes the […]

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 […]

Direct Shipping To Massachusetts–Finally!

Eight years after Massachusetts passed an unworkable and overly-restrictive direct shipping bill, and four years since the same law was ruled unconstitutional by a federal court, Bay State legislators finally passed a workable direct wine shipping law that will allow out-of-state and in-state wineries to ship wine directly to state residents. The new law was […]

Arkansas Confirms Direct Shippers Only Responsible for Statewide Taxes

As wineries were applying for and beginning to use the new DTC shipping licenses for on-site sales to Arkansas consumers, we learned that some of the staff in the Arkansas Department of Finance and Administration were telling holders of direct wine shipper licenses that they were responsible for collecting certain local sales and use taxes. […]

Introducing AutoFile – Fully Automated Filing & Payments

To our valued customers: The US beverage alcohol industry has it tough. It is one of the most regulated industries in the United States, as well as one of the most fragmented. Our industry is full of thousands of small businesses and startups; Entrepreneurs following their passion and seeking to achieve their dream of building […]

Arkansas DTC wine shipments can now arrive via FedEx

Effective May 1, 2014, FedEx will begin accepting on-site direct-to-consumer wine shipment orders to Arkansas residents. Both FedEx Express and FedEx Ground services will be available for wineries licensed to ship wine directly to Arkansas consumers. As we outlined in our blog post back in February, in order to be compliant, wineries must: Apply for […]

No Need to Update Your ShipCompliant Passwords Because of the Heartbleed Bug

By now, you have probably heard about an encryption flaw called the Heartbleed bug. This bug affected web applications using a particular version of OpenSSL, a protocol designed to provide security for information transmitted over the internet. A widely-used version of OpenSSL was vulnerable to an issue in which sensitive information could potentially be exposed […]

Don’t Fall Behind With Your Fortified Wine

Maine, New Mexico, and Washington are the only states that have separate excise tax rates for wine and wine fortified with spirits (Edit: Some states consider a product to be fortified if it is over a certain ABV, regardless of the addition of spirits). To date, we’ve accommodated wineries that shipped fortified products to consumers […]

South Dakota Direct Shipping Bill Needs One More Push

South Dakota is one of the few remaining states that prohibits the direct-to-consumer shipment of wine, but that could change if supporters of wine shipping quickly encourage the South Dakota House of Representatives to support SB 114. And speed is of the essence since SB 114 must pass out of the House by March 11 […]

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 […]

How to make compliant shipments to Arkansas

Following up on Sarah’s post about the new permit applications being available in Arkansas, we wanted to give you a quick update on how we’re handling some of the unique requirements in the Arkansas law. The bottom line is that you can now make compliant shipments to Arkansas if you’ve completed the permit process. Continue […]

South Dakota Takes Wine Product Registration Online

Product renewals for 2014 in South Dakota can now be done online. South Dakota now joins Arkansas as one of the most recent states to institute on-line product registrations, continuing the trend toward digital product registration, away from the realm of pulp and fiber and into the digital space. Suppliers of wine, spirits and beer […]

Wine & Spirit Suppliers to Arkansas Must Register Products by End of Year

With passage of HB 1480 (now titled “Act 1105“), the state of Arkansas is requiring that all wine and spirits suppliers actively distributing wine and spirits into the state must register each distributed product with the state. Wine & spirits products (beer is not required) currently in distribution must be registered by December 31 and […]

TTB Halts Regulatory Functions

As a result of the government shutdown, TTB has halted regulatory functions. Licensees will not be able to access COLAs Online, Permits Online, or Formulas Online. This also means that ShipCompliant’s integration with COLAs Online will not be available during the shutdown. As soon as appropriations are made available, TTB will work on restoring these […]

The COLA Conundrum

On the issue of Certificates of Label Approval (COLAs), the Alcohol and Tobacco Tax and Trade Bureau (TTB) is finding itself caught between a rock and a hard place. The rock is their funding, including dwindling budgets each year, and concerns over furloughs, government shutdowns, and long term sequestration given an inept and unpredictable Congress. […]

2013 Wine Compliance Legislative Updates and a Virtual Seminar Invitation

You may remember reading our posts highlighting what to look for in the legislative season back at the beginning of 2013. Now that many legislative sessions are starting to come to a close, here is a quick check-in on this year’s legislative changes, all of which will be addressed in detail at the ShipCompliant Direct […]

Is this the year for wine shipments in Pennsylvania?

Pennsylvania, along with Massachusetts, remains one of the two remaining key states that wineries and consumers both hope to see open for direct wine shipping. The possibility that this could be the year for direct shipping coming to the Keystone State remains quite real, depending on what happens when lawmakers return to the capital in […]

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, […]

Kentucky Election Day Bill Creates New License for Out-of-State Wine and Spirits Suppliers

All out-of-state wine and distilled spirits suppliers that sell to Kentucky distributors are now required to obtain an “Out-of-State Distilled Spirits/Wine Producer/Supplier License” following the passage of SB 13 in April. Before this bill became effective on June 25, 2013, suppliers still needed to register their brands with the ABC prior to selling to Kentucky […]

Big Changes in Arkansas for Wine and Spirits Brand Registrations

Big changes regarding alcohol regulations continue to unfold for Arkansas this year with the passage of HB 1480, now Act 1105 (signed into law shortly Arkansas’ recent direct shipping bill). Act 1105 effectively changes the current wine and spirits brand registration process. Below is a table comparing the current requirements with the new requirements outlined […]

Limited to On-site Sales, Arkansas Passes Bill to Allow Direct Shipping

On March 21, 2013, House Bill 1749 became Act 483, signifying its passage into law. Once enacted mid-August, the state of Arkansas will be added to the list of states that allow wineries to ship wine directly to consumers — but with many limitations. Aside from the low cost of the license, the requirements under […]

Your DIRECT source of Wine Shipping Information

The ShipCompliant Blog brings you a steady flow of legislative updates, regulatory changes and other important news impacting wine shippers. If you find this information valuable, you won’t want to miss DIRECT 2013, ShipCompliant’s 8th annual Direct Sales and Shipping Seminar taking place June 13, 2013, in Napa, California. This full-day seminar will feature multiple […]

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 […]

Nebraska Tightens up Existing Direct Shipping Law

LB 230 passed Nebraska’s unicameral legislature and was signed by the Governor on April 24, 2013. The new law will go into effect on September 6, 2013. Nebraska is currently open to direct shipping from wineries and retailers (although there was some debate recently as to whether retailers should qualify under the current law), with […]

October 1st Brings New Direct Wine Shipping Regulations to Montana

Montana House Bill 402 was signed by Governor Bullock on April 12, 2013 and creates workable direct wine shipping laws in the state. The new law, effective on October 1, 2013, will replace the flawed consumer licensing system presently in place for wine shipping in Montana. Current regulations require that out-of-state wineries ship only to […]

The 2013 Direct Shipping Report: How Will It Change Your Strategy?

Every year, ShipCompliant teams with Wines & Vines to report on the state of the direct-to-consumer wine market. The 2013 Direct Shipping Report is now available! If you are feeling antsy, feel free to click here to download the report! If you’ve got a few minutes, we’ve provided some summary highlights below. The model, built […]

NCSLA 2013 Conference Presents “COLA Changes on the Horizon”

FOR IMMEDIATE RELEASE – April 11, 2013 CONTACT: Pamela Frantz, Executive Director 847-721-6410 The National Conference of State Liquor Administrators, Incorporated (NCSLA) will assemble June 24-28th on the island of Oahu at the Sheraton Waikiki Resort in Honolulu, Hawaii for its 2013 annual meeting and conference. Serving as conference host is the Honolulu Liquor Commission. […]

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 […]

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 […]

Maryland Direct Shippers Should Still File Sales Tax Quarterly

Maryland may still be working out some kinks in the sales tax collection component of their direct wine shippers program. Some wineries may have incorrectly received a notice that their sales tax payments should be made monthly rather than making the quarterly payments required under the DTC shipping law. It seems that some vendors are […]

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 […]

Virginia DTC Fulfillment House Regulations; ABC Endorses Winery/Fulfillment House Contract Addendum Format

In July, 2009, Virginia ABC notified Virginia Wine Shipper licensees they were prohibited from contracting with third parties for selling and shipping wine into Virginia. Since then industry has been working with Virginia ABC to outline allowable uses of third parties. The culmination of these efforts was a new Virginia regulation which took effect in […]

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 […]

Virginia and Third Parties – What You Need To Know Before November 4

In July of 2009, the Virginia Department of Alcohol Beverage Control (Virginia ABC) sent out Circular Letter 09-05 to Direct-to-Consumer Wine Shipper and Beer Shipper licensees, prohibiting Direct Shippers from contracting with third parties for receiving or shipping orders on behalf of the licensee. Since then, Virginia has been working with industry members to outline […]

Washington State Simplifies Tax Filing For Wineries

Washington now allows an optional annual filing of wine tax for wineries whose total sales into Washington are less than 6,000 gallons annually (roughly 2,500 cases). Wineries that exceed the 6,000 gallon limit, however, must continue to file monthly returns. This new allowance comes after the passage of SB 5259, a bill that passed in […]

A New COLA Form for Faster Reviews

In 2011, over 146,000 alcoholic beverage label applications were submitted to the Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau (TTB), an almost 10% increase from the prior year. Yet, while the amount of label applications goes up, the resources available to the TTB for processing these applications goes down due to […]

Formalization of Wine's 'Fifth Column': Third-party Marketers

Editor’s Note: The following post is part of our series on the Third Party Providers “A compliant and effective e-commerce sales platform [is] now in place and available. There is a Fifth Column of wine sales now…The evolution and momentum of the Fifth Column of wine sales leads us to believe the genie is finally […]

The First of May Brings the First of Direct Wine Shipping to the Garden State

Spring brings more than flowers this year for supporters of direct shipping. After three and a half months of anticipation and preparation, the New Jersey Division of Alcoholic Beverage Control posted checklists, forms and applications on their site, making S 3172 a reality for the wine industry. Effective May 1, New Jersey is accepting applications […]

Licensees should have the opportunity to accept or reject each third party wine order

Editor’s Note: The following post is part of our series on the Third Party Providers In the quickly evolving world of third party wine marketing, it’s important that marketers and licensed sellers work together in such a way that puts the licensed seller in full control of all aspects of each transaction. One of the […]

Third Party Providers are Here…To Stay

Last month I had the privilege of addressing a group of control state regulators, industry attorneys and key industry executives that gathered just outside Washington, DC for the National Alcohol Beverage Control Association’s (NABCA) Annual Legal Symposium. The topic of my panel was one that we have put significant focus on here at ShipCompliant and […]

New Jersey Poised to Open Up For Direct Shipping

Late Monday night, in the final action of a marathon legislative session that closed out the year, the New Jersey Assembly passed S3172, a bill that, among other things, opens up the state for direct-to-consumer shipments. If signed by Governor Chris Christie as expected, it will allow wineries producing up to 250,000 gallons of wine […]

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 […]

Happy New Year

From your compliance partners in Boulder and Napa, may your new year bring you fewer forms to file and more orders to fill! – The ShipCompliant Crew (from left to right): Timothy Clayton, Mike Liedtke, Sarah Werner, Andy Grauch, Jim Agger, Robb Dye, Eddie Ermoian, David Dango, Kent Nowlin, Chris Kalmbach, Patrick Barratt, Pawel Smolarkiewicz, […]

Understanding the California ABC’s New Advisory for Wineries and Third Party Providers

The proliferation of “Third Party Providers” (TPP) within the wine industry has been significant over the past two years. Known otherwise as “Third Party Marketers”, “Third Party Advertising Agents” and “Marketing Agents”, they represent a new sales channel for suppliers whether in the form of “flash sales” or multiple product offer websites. However, anybody that […]

Maryland Released Direct Shipping Report Form and Extends Deadline for Quarter 3, 2011

The Maryland Comptroller’s office released its Direct Shipper Excise Tax Return form Tuesday. This is the form that licensed direct shippers submit quarterly to pay their state excise taxes and report their shipments to consumers in the state. IMPORTANTLY, the Comptroller’s office has pushed back the deadline for direct shippers to submit their 3rd Quarter […]

New Mexico Direct Shipping Applications Available Now and a Must for Wineries

The New Mexico Direct Wine Shipper Permit Application is now available on the state’s Alcohol and Gaming Division website. The state will remain reciprocal until July 1, at which time the new legislation takes effect and wineries must have a permit in order to continuing to ship wine to their New Mexico patrons. To register […]

The Old ‘Wine’ State: Maryland to Open to Direct Wine Shipments

After years of repeated attempts to open the state to wine shipping, Maryland wine lovers will soon be able to have wine shipped directly to their doors. Signed by the Governor today, the new law makes Maryland the second state this year — after New Mexico — to pass new direct wine shipping permit legislation. […]

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 […]

The End of Winery Reciprocity. New Mexico Passes Direct Shipping Legislation

New Mexico’s Governor signed SB 445, which creates a wine shipping permit for out-of-state wineries, an important move both symbolically and for wineries seeking to serve customers in that state. Now, wineries from all US states can apply for a permit to ship wine to consumers. New Mexico will be the last state to change […]

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 […]

Son of 5034: C.A.R.E. Act Re-Introduced as HR 1161

If you have been following the debate over the CARE (Community Alcohol Regulatory Effectiveness) Act for the last nine months, it should be no surprise that the bill was re-introduced in the US House of Representatives last week. Proponents of the bill, including the National Beer Wholesalers Association (NBWA) and the Wine & Spirits Wholesalers […]

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 […]

Marylanders for Better Wine Shipping Laws

Following a very favorable report from Comptroller of Maryland Peter Franchot, and years of efforts by the constituent group Marylanders for Better Beer & Wine Laws, bills to allow direct shipments from wineries inside and outside of Maryland were introduced in both chambers of the General Assembly on Friday. According to Free the Grapes!, 83 […]

Glimmer of Hope in Challenging On-Site Requirements

On December 17th, the US Court of Appeals for the 3rd Circuit (Delaware, New Jersey and Pennsylvania) rendered its decision in Freeman v. Corzine (formerly known as Freeman v. Fischer and Freeman v. Governor of New Jersey). The case applies Granholm to several aspects of New Jersey law, which banned direct shipment by all wineries, […]

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

Qualified Idaho Wine Tax Return Filers May Opt for Less Frequent Filing

On November 5, 2010, Idaho State Tax Commission officials sent out a letter to qualified wine tax return filers, offering the opportunity to change their filing frequency from the mandatory monthly submission to quarterly, semi-annually or annually. “Qualified Filers” include direct shippers who report less than $600 of wine tax per quarter (approximately 186 9-liter […]

At A Glance: Arizona Direct Wine Shipments – Why Size Does Matter in the Grand Canyon State

Side Note: For suppliers interested in selling to retailers (self-distribution), Arizona law permits holders of a Domestic Farm Winery License that produce less than 20,000 gallons per year, unlimited shipments to Arizona retailers.

All Eyes on Washington (State) as Voters Consider Privatization

On November 2, 2010 citizens of The Evergreen State will see two separate measures on the ballot concerning the distribution of liquor. Both initiatives represent a big change to the current liquor distribution system. The Washington State Liquor Control Board currently regulates the sale of all liquor (wine, beer and spirits) and maintains total control […]

A Step in the Right Direction: Florida Offers Online Label Registration and Quick Approval Times

Online instant processing of Florida label registrations is now available for any supplier of alcoholic beverages. Products sold to distributors must be registered before shipping into the state, however, direct wine shipments remain exempt from registration requirements. Florida’s new system has been up and running since July 15, 2010. Suppliers who are licensed to sell […]

Ohio: State Summary

Editors note: This is the first in a series of posts we will have focused on highlighting states’ direct shipping rules and regulations.

H.R. 5034 Update: Revision Reignites Debate, Important Hearing Set for Wednesday

When H.R. 5034 (also known as the Comprehensive Alcohol Regulatory Effectiveness, or “CARE” Act) was introduced on April 15, 2010, the opposition responded quickly and forcefully. Supplier organizations were united in their opposition to the bill, referring to it as the “wholesalers monopoly protection bill”. Even the California State Legislature issued a resolution, SJR 34, […]

Kansas Issues Revenue Ruling and Amends License Term

Governor Parkinson of Kansas signed SB 452 into law, changing the license term for a Special Order Shipping License from one year to two years. The legislation became effective on July 1, 2010. The fee for a new Special Order Shipping License was adjusted to $150 to reflect the new two-year license term.  Current holders […]

Massachusetts Remains Elusive for Direct Shippers

On 1/14/10 the First Circuit Court of Appeals in Boston ruled in favor the plaintiff in the Massachusetts FWC v. Jenkins litigation. The ruling affirmed the lower court’s order that struck down the capacity caps and wholesaler exclusions which are included in the Massachusetts direct-to-consumer shipping statute and prevented over half of the wineries in […]

Controlled Shipping: HB 1352 Will Make Some Changes to New Hampshire’s Direct Shipping Laws

HB 1352, a bill that includes changes to volume limits, permit fees, reporting requirements, and common carrier requirements, was signed by Governor John Lynch on July 15, 2010. Direct shipping is already available for wineries and retailers in New Hampshire, but the changes that will take effect on January 1, 2011 will have an impact […]

Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 Introduced

As expected, the Congressional subcommittee hearing on Legal Issues Concerning State Alcohol Regulation has been followed by a House bill. H.R. 5034 was introduced yesterday by Representative Bill Delahunt (D-Mass.) with support from the National Beer Wholesalers Association (NBWA). The bill is also called the "CARE" (Comprehensive Alcohol Regulatory Effectiveness) Act of 2010, and Wine […]

Massachusetts will not appeal Family Winemakers decision

Massachusetts Attorney General Martha Coakley will not appeal a January Federal Appeals Court decision upholding an earlier District Court decision which overturned the 2005 direct shipping law.  In January, the 1st U.S. Circuit Court of Appeals upheld the 2008 district court ruling that found that the state law governing direct-to-consumer shipments by wineries was unconstitutional. […]

New Hampshire Updates Monthly Reporting Form

The New Hampshire Liquor Commission has just established a new fax line dedicated to direct shipping. Direct Shippers should fax their monthly report to the new fax number 603-271-8424 on or before the 10th of the following month. Direct Shipping Reports must be filed each month regardless of activity. Wineries with no shipments to report […]

Virginia Passes Fix-It Bill for Third Party Shippers

Wine Institute Eastern Counsel Terri Beirne has been working since July 2009 with the Virginia ABC Board, and representatives of Wine America and the Virginia wineries to resolve problems created by Virginia ABC Circular Letter 09-05. That Circular prohibited Virginia direct wine shippers from using any third-party service providers, namely fulfillment or pick and pack […]

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 […]

Next Steps in Direct Shipping: Refining State Laws

As readers of this blog know, direct-to-consumer shipping has been a watchword among wineries for more than a decade. The result of all of this attention is a national shipping market that allows consumers in 37 states representing 82% of the U.S. population to receive wine purchased off-site legally. Persistent lobbying efforts and the collapse […]

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 […]

Representing Change: One Piece of Washington's Overhaul

Last year, Washington State relaxed some of its restrictive alcoholic beverage laws as a result of a couple of comprehensive bills that passed the legislature (SB 5834 and HB 2040). The mandatory minimum markups between suppliers and wholesalers and between wholesalers and retailers are now history. Retailers can now pay suppliers using electronic funds transfers […]

Siesta's Over

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 […]

High Fives in the First Circuit

Justified jubilation greeted the 14 January 2010 decision of the United States Court of Appeals for the First Circuit, which affirmed the federal district court decision of 19 November 2008 in Family Winemakers of California v. Jenkins, invalidating the Massachusetts “volume cap.” (see previous post “Huge win for wineries, but can I ship to Massachusetts […]

Huge win for wineries, but can I ship to Massachusetts now?

First Circuit affirms District Court decision On Thursday, January 14th, the United States Court of Appeals for the First Circuit affirmed the judgment of the District Court in the case of Family Winemakers of California v. Jenkins. The appellatte decision represents a major victory for wineries and may be the end of the case that […]

Virginia ABC Offers Interim Solutions for Wineries Shipping Through Third Party Service Providers

On November 19, Terri Beirne, Wine Institute’s Eastern Counsel, met with the Virginia ABC Board, their Director, and representatives of Wine America and the Virginia wineries to continue discussions about the July Circular Letter 09-05 prohibiting direct shippers from using any third party service providers. Despite earlier indications, the Board has no plans to issue […]

Wisconsin County and Stadium Local Taxes

All businesses registered with the Wisconsin Department of Revenue received a notice (see below) that county and stadium taxes must be remitted beginning October 1st, 2009. Wineries shipping into Wisconsin are subject to this change. For all orders that were taken after October 1st and shipped to Wisconsin residents, wine shippers must remit the appropriate […]

Maine Direct Shipping Permit Applications Available

The direct shipping applications for Maine are now available on the Wine Institute website. The direct shipping permit allows wineries to ship up to 12 nine liter cases of wine to a recipient’s address each year. The Department of Public Safety, Liquor Licensing and Inspection Division has confirmed that there are no prohibited shipping areas […]

Montana: No Federal Onsite Shipments, Please

The Montana Dept. of Revenue, Liquor Control Division recently confirmed that consumers in Montana are prohibited from receiving direct wine shipments under the Federal Onsite provision (sec. 11022 of Public Law 107-273). Montana law only allows consumers with a connoisseur’s license to receive direct wine shipments. However, the common carriers, FedEx and UPS, have NOT […]

Washington State Approval No Longer Required for Wine Labels

In an action supported by Washington Wine Institute, the Washington State Liquor Control Board adopted a new policy on wine label approval. Effective August 19, 2009, the WSLCB will accept the federal Certificate of Label Approval (COLA) as label approval for beer and wine to be sold in the state of Washington. Producers will no […]

Maine Direct Shipping Applications Update

The Maine Bureau of Liquor Enforcement has indicated that direct shipping license applications will be available on September 12, 2009, the same day the direct shipping law becomes effective. Wineries should contact Lori Nolette, the contact for liquor licensing and compliance at the Bureau, for a copy of the application once it becomes available. The […]

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 […]

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 […]

Excise Taxes Rise in Two Direct Shipping States

On September 1, 2009, excise tax rates for wine will increase in Illinois and North Carolina. Governor Pat Quinn approved Illinois House Bill 255 on July 13, 2009. The bill increases Illinois’ excise tax on wines from $0.73 to $1.39 per gallon of wine under 20% ABV. An updated tax form for Direct Wine Shippers […]

Wine Institute Working To Clarify Impact Of VA ABC Circular 09-05

Wine Institute and other industry representatives met with the Virginia ABC this week concerning their July 22, 2009 circular No. 09-05 governing use of third party service providers in direct shipments.   The ABC staff was well aware of the concerns nationwide that their recent opinion has generated, but remained firm in their position that such […]

Virginia Goes Circular on Third Party Shippers

If you are licensed to ship wine into the Commonwealth of Virginia, you likely received the following letter last week from the Virginia ABC. TO: All Virginia Licensed Shippers FROM: Francis J. Monahan, Director, Bureau of Law Enforcement SUBJECT: UNAUTHORIZED PRACTICES DATE: July 22nd, 2009 In state and out of state Virginia shipper licensees may […]

Has the Price Posting Bunny Run Down?

For the fourth time in the same case, TFWS, Inc. v. Franchot, a federal Court of Appeals has told the state of Maryland and its wholesaler-package store cohort that their price posting system conflicts with the Sherman Act, the nation’s premier antitrust law. As a federal enactment, the Sherman Act preempts inconsistent state law, pursuant […]

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 […]

Details on Submitting the Kansas Special Order Shipping License Application

As of June 25th, wineries may apply for a Special Order Shipping License that allows them to ship off-site sales to Kansas consumers (on-site sales do not require a Shipping License). The initial costs for the Special Order Shipping License include a $50 license fee and a $50 registration fee. The license will be valid […]

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 […]

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 […]

Release Thirty-One of "Notes on Wine Distribution"

R. Corbin Houchins’s latest “Notes on Wine Distribution” are now available. Release 31 includes updates on legislation, litigation and general discussions on available distribution channels for wine. In addition to country-wide topics such as “Direct Shipment by Retailers” and “A Limitation of Litigation”, distribution practices are also outlined on a state-by-state basis. Numerous states have […]

ShipCompliant User's Conference 2009 – Live

If you were unable to attend today’s event, you can still feel like you’re part of the excitement – watch the 4th annual ShipCompliant Direct Shipping Seminar from the comfort of your own office. Hear from industry leaders as they discuss how the current direct wine shipping landscape affects you, and how the industry will […]

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 […]

Labeling Sotomayor

Although I don’t believe anyone has found a beverage law opinion by Judge Sonia Sotomayor, there’s a good deal of blog traffic related to the fact she did not dissent from Circuit Judge Wesley’s opinion in Swedenburg v. Kelly, a Second Circuit decision famously reversed by the Supreme Court in Granholm v. Heald. As Justice […]

It's Alive! (and Waiting for the Governor's Signature) – Direct Shipping Bill in Maine

On May 29th, “An Act To Increase Consumer Choice for Wine” (H 696) won initial approval by the Maine House of Representatives. On June 1st, only one legislative day later, the proposed act was passed by the Senate. The bill is waiting for Governor Baldacci’s signature before becoming law. If passed, H 696 would provide […]

Wine compliance tweets, posts, events, and information

With every blog post, we research the facts and analyze the data to provide you with an in-depth look of the issues at hand. Though our staff hears news daily and keeps track of industry events and happenings, not all this information makes its way to the blog. We do, however, post updates, news stories, […]

When Will The Wine Industry Rebound?

Amidst lagging wine sales in 2008 and a sluggish economy, Silicon Valley Bank Wine Division founder Rob McMillan outlines critical issues facing the wine industry and growing economic and market trends in his “2009-2010 State of the Wine Industry” report. “Wine businesses across the board are being pushed to new limits in the current environment,” […]

Two Steps Forward, A Couple Back (or Maybe Sideways)

“Tied House” laws contain two categories of restrictions on licensed beverage businesses not found in other industries. One is general prohibition of beverage suppliers’ furnishing things of value to retailers, with certain exceptions (notably goods the retailer has paid for). The other is general prohibition of ownership or investment by a supplier company or its […]

Round Four of the Florida Direct Shipping Battle Comes to a Close

The streak continues. Once again Florida lawmakers were unable to pass any direct-to-consumer bills. Legislators presented two distinct direct-to-consumer bills for the 2009 legislative session but both have failed to advance beyond committee. Senate Bill 764 (House Bill 245 is its counterpart), the more restrictive of the two, would have required an annual $250 fee, […]

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) […]

Keeping up: Direct Shipping Legislation

With Kansas now due to open for direct shipping on July 1st, and legislation pending in Florida and Tennessee that may change direct shipping laws, the direct shipping environment is shifting faster than usual. You will not want to miss a state-by-state review of legislative updates from Steve Gross, the Wine Institute’s Director of State […]

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 […]

Kansas to Open for Winery Direct Shipping July 1st

The Kansas Legislature approved Senate Bill 212 on April 10, 2009. Governor Kathleen Sebelius followed suit today by signing the bill into law, which will go into effect on July 1st, 2009. Although the road to approval contained a few bumps and detours, the original purpose of the bill remained unchanged: to give out-of-state and […]

One Less Dry Town in Connecticut

Back in July of 2005, Connecticut passed legislation affecting direct shipments of wine the entire state. At that time, four towns in Connecticut were dry. As of February 9th, 2009, only three dry towns remain where wine cannot be shipped directly to consumers. The town of Wilton recently held a public hearing in which a […]

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 […]

Michigan Direct-To-Consumer Rules Clarified

Many questions have resulted from a new law prohibiting wine retailers from shipping to consumers in Michigan that recently went into effect. The new law specifically bans common carriers (FedEx and UPS) from delivering retailer wine shipments to Michigan consumers. This law does not affect the existing regulations for wineries shipping to consumers under the […]

Michigan Levels Down on Wine Retailers

In just five legislative days, Michigan House Bill 6644 was introduced, edited, voted upon, and enrolled. In a disappointing turn of events, the Michigan Senate passed HB 6644, with substitutions, by a count of 36 Yeas and just 2 Nays on December 18, 2008. The bill then returned to the House for a final vote […]

Kentucky On-Site Requirement Invalidated, but Questions Remain

On December 24th, the US Court of Appeals for the Sixth Circuit affirmed, in the Cherry Hill case, the judgment of the district court, invalidating the on-site purchase requirement. The district court ruled, pursuant to the Supreme Court’s decision in Granholm v. Heald, 544 U.S. 460 (2005), that the in-person purchase requirement in portions of […]

Happy Holidays

Happy Holidays from the ShipCompliant Team! Thank you so much for your continued support. This picture was taken recently from the rooftop of our office in Boulder, CO. -Jim, Pawel, Luke, Jane, Kim, Manzi, Elizabeth, Barclay, Kent, Michael, Jason, Jeff, Trent, Sarah, David, Mike, Colin, Ryan and Robb (not pictured: Mackenzie and Jamie)

Tips for Making End of Year Reporting Easier

Scrooge asks: Do you have tracking numbers for all 2008 Missouri shipments? Are you ready with your TTB IDs for the products you shipped into New York? Are you aware of Wisconsin’s new electronic filing requirement? If so, will you go with the manual Free File of the XML file submission? Did all of your […]

Up and Running (So Far)

Happily for the plaintiffs, Judge Zobel’s final judgment in Family Winemakers of California v. Jenkins took the path that seemed most likely from the tone and content of her memorandum and order of 19 November 2008 and leveled up. The judgment entered 18 December 2008 orders the state “to permit wineries of all sizes to […]

Utah Allows Shipment of Wine? Well, Not Exactly

In one of the most regulated and restricted states in the US, residents may now special-order alcohol online. The Utah Department of Alcoholic Beverage Control (DABC) announced that Utah residents may use an online Special Order Form to purchase alcohol that is otherwise unavailable in the State’s liquor stores. The alcohol would then be shipped […]

The Return of the Florida Wine Shipping Bill

Wineries and consumers have enjoyed relatively unrestricted wine shipping into Florida since 2006. This could change if direct shipping legislation is passed this year. Florida is gearing up for another legislative session and direct wine shipment legislation is on the docket, once again. The Florida Senate’s regular session will convene on March 3rd, but an […]

Hope Rests in Senate as Michigan House Passes Ban on Retail to Consumer Direct Shipments

Michigan House Bill 6644 passed with 97 Yeas and 9 Nays on December 4, 2008. If passed by the Senate, HB 6644 would ban all retailers, in-state and out-of-state, from direct shipping wine to Michigan residents. In the last days of Michigan’s current legislative session, expected to adjourn soon, the failure or passage of this […]

One Less Dry Town in New Hampshire

Wineries with a valid direct-to-consumer shipping permit may now ship to consumers in Landaff, New Hampshire. The city of Landaff voted to end its status as a dry town effective immediately. Four dry cities remain in New Hampshire: Brookfield, Ellsworth, Monroe and Sharon. Wineries are prohibited from shipping wine to consumers in dry regions in […]

Wine Distribution Notes – Release 30

Release 30 of Notes on Wine Distribution by R. Corbin Houchins is now available for viewing or downloading. The Notes provide thoughtful insight on the state of direct shipping rules and valuable information on current litigation and legislation for each of the United States (plus DC), with changes from the preceding release indicated by highlighted […]

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 […]

Wisconsin Liquor Reporting: Reciprocal (9 months) + Electronic Filing (3 months)

Effective October 1st, 2008, Wisconsin requires electronic filing for reporting shipments of wine into Wisconsin. According to Wisconsin, filing and paying taxes online is more accurate, more certain, and means better business. And, as we’ve discussed previously, it’s also green and convenient. Direct shippers must file their first excise tax report as a permitted Wine […]

Family Winemakers Court Win is Big for the Industry

On November 19th, 2008, Judge Rya W. Zobel, in the case of Family Winemakers of California v. Jenkins, allowed the plaintiffs’ motion for summary judgment, concluding that Massachusetts General Laws chapter 138, section 19F: … has a discriminatory effect on interstate commerce because as a practical matter it prevents the direct shipment of 98% of […]

Road-Trippin’: Self-Distribution in Oklahoma May Be Too Far Out of the Way for Some

On November 4, 2008, Oklahoma voters passed State Question 743 (SQ 743) by approximately a four to one margin. The referendum opened self-distribution for in-state and out-of-state wineries to distribute to retailers and restaurants in the state of Oklahoma, with some restrictions. Self-distribution in Oklahoma is now more accessible to wineries across the country. In-state […]

The WSLCB Announces Online Tax Reporting and Payment System

Washington State Liquor Control Board (WSLCB) just made filing monthly summary tax reports and paying taxes a little easier by providing an online tax filing option for wineries shipping to consumers and retailers in Washington. The WSLCB encourages wineries to use their Online Tax Reporting and Payment System which saves time and simplifies the tax […]

Mark Your Calendar Because Idaho Won't: Direct Shipper Permit Renewal

This is a reminder that Idaho Direct Shipping Permit holders must submit a renewal form before the expiration date of their current permit (Direct Shipping Permits expire a year after the date of issue). Idaho does not send out renewal notices, thus it is the responsibility of the permit holder to obtain and submit the […]

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 […]

Direct Shipping Online Seminar: Last Chance to Register

This is a quick reminder that we will hold an online direct shipping seminar for wineries tomorrow (October 16th) at 10am PT. Over 550 people have registered for this event so far. Click the button below to register for this FREE event. October 16th Online Direct Shipping Seminar

Hold the Toasts in Michigan

On October 6th, 2008, the judgment in Siesta Village Markets LLC v. Granholm was stayed by agreement of the parties, to give the state time to appeal and, if the appeal is taken, to leave the current law in force for the duration of the appellate process. It seems almost certain the defendants will appeal. […]

DHL to Cease Wine Shipments Nov 3rd

Steve Bachmann at The Wine Collector is reporting that DHL has notified its customers that it will cease wine shipments effective November 3rd. DHL has struggled to gain a foothold in the interstate wine shipping market, where FedEx and UPS dominate. If you have received the notification letter from DHL, we’d love to see a […]

Wisconsin Becomes a Limited State Today: I'll Have Some Wine with that Cheese, Please

Beginning today, October 1, 2008, Wisconsin is open to direct wine shipments from wineries throughout the country. Direct shipments to consumers in Wisconsin must be shipped under Wisconsin’s new “Direct Wine Shipper’s Permit”; reciprocal shipments of wines are no longer allowed. New direct shipping regulations include: a $200 Direct Shipping license, payment of sales and […]

Two Upcoming Virtual Seminars; One for Wineries, One for Retailers

ShipCompliant continues its series of ‘Virtual’ Seminars on Shipping Compliance, this year with two separate offerings for wineries and retailers.  Click the links below for more information and to register. The winery focused seminar presented along with Wine Institute, FedEx and Wine Business Monthly, will feature Steve Gross, Director of State Relations at Wine Institute, […]

District of Columbia Increases Volume Limits

Washington, D.C. recently made an adjustment to its direct-to-consumer wine shipping law that benefits the industry and consumers. The volume limit has increased from 1 quart to 1 case per person per winery per month. Washington, D.C. consumers are now allowed to order up to 1 case of wine per month from any number of […]

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 […]

Louisiana Shipping Rules

In response to questions about shipping wine to Louisiana, I thought a short summary of direct-to-consumer wine shipping rules was in order. Louisiana regulations do not prohibit wineries with a relationship with a licensed wholesaler in Louisiana from making off-site direct-to-consumer shipments. The Alcohol and Tobacco Control Office allows a winery to direct ship any […]

Wisconsin Permit Applications Available

The Wine Direct Shipper permit application is now up on Wisconsin’s website. Wisconsin approved licensed direct shipping legislation back in March, which will allow wineries in every state to ship limited amounts of wine to Wisconsin residents, beginning October 1, 2008. Here’s some basic information on how to apply for the direct wine shipping permit: […]

New Requirements for S Permit Applications and Renewals in Ohio

For eligible wineries, SB 150 has created quite a bit of change to the existing direct shipping law. Since the dawn of Ohio’s direct shipping regulations, in order to be eligible for the “S Permit”, which allows wine manufacturers to ship wine directly to Ohio consumers, the wine manufacturer must produce less than a certain […]

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 […]

Georgia Clarifies Direct-to-Consumer Shipping Rule

Wine Institute has received information clarifying Georgia’s direct-to-consumer wine shipping regulations. The rule allowing on-site shipments without a permit was not repealed on July 1, 2008 when the new permit law became effective. All wineries may continue to ship up to 5 cases of wine to a Georgia household annually provided the wine was purchased […]

Follow us on Twitter: winecompliance

When we make a post here on the ShipCompliant blog, we take the time to really understand an issue, research the facts involved, and make a substantive post that adds value to the issue that we are discussing. However, the ShipCompliant research team hears news and information from many different sources every day that may […]

Attention 17/20s: 17 + 20 ≠ 02

That’s right – when California License Type 17 (Beer and Wine Wholesaler) and License Type 20 (Beer and Wine Off-Sale Retailer) are issued in conjunction, the privileges associated with the combination license are not equivalent to those of the 02 Winegrower’s License. A Type 17 License “permits incidental sales to other supplier-type licensees” and a […]

Beat the Heat. Free temperature forecasting tool for wine shippers

During the hot summer months, wine shipping practically grinds to a halt due to high temperatures and an inability to navigate the whims of mother nature. To address this problem, ShipCompliant has developed an innovative free temperature forecasting tool that filters your order files by temperature within the destination zip code. Up until this point, […]

Live! 2008 ShipCompliant Users Conference

We are streaming the morning session of the 3rd annual ShipCompliant Users Conference and Compliance Seminar.  The event is completely sold out with over 300 people in attendance.  Please click on the image below, register and begin viewing the largest direct to consumer event in the wine industry.

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 […]

Google, WITS, and PCI Compliance

There’s a very interesting article from the New York Times yesterday that analyzes the not so subtle addition of a new link on google.com. You can now see a tiny link on the word “Privacy” at the bottom of the Google homepage. With that one word, the Web search giant heads off the growing controversy […]

Illinois Offers a Bit of Green for Direct Wine Shippers

For those of you that have started shipping to Illinois under their new permit system, your first round of reporting will come due this month. Fortunately, Illinois makes it easy to report your shipments and pay taxes. Electronic filing and payment is available for the Liquor Direct Wine Shipper Return (RL-26-W), and the Sales and […]

Half-Year Hullabaloo: New Laws Take Effect in Three States Today

Just a quick reminder of the legislative changes that take effect today, July 1st, 2008. Georgia’s new permit system takes effect. All wineries can now apply for a permit, regardless of distributor representation. Click here to see how to apply for a direct shipping permit. Ohio is increasing their capacity cap, making it possible for […]

South Carolina: Timing is Everything

Expensive permit fees deter many wineries from shipping to South Carolina, but with a little timing, shipping there can make more sense. For those who already have a South Carolina Out-of-State Wine Shipper’s License, the license must be renewed at the end of August if you wish to continue shipping to the state. The license […]

TTB Expo 2008

The ShipCompliant research team is attending the first annual TTB Expo at the Northern Kentucky Convention Center, just outside of Cincinnati, today and tomorrow. The turnout here is quite impressive. In the opening remarks, the TTB team said their original goal was to get about 300 attendees from across the country. They had over 650 […]

Family Winemakers of California Making Headway in Massachusetts

On May 29, 2008, Family Winemakers of California filed a motion for summary judgment in Family Winemakers of California v. Jenkins, now before the federal district court for Massachusetts. The suit alleges that section 19F, the Massachusetts law that permits direct-to-consumer wine shipping, is unconstitutional because it “unequivocally discriminates against interstate commerce in both purpose […]

Washington: Making Change, Streamlined Style

On July 1st, 2008, when Substitute Senate Bill 5089 takes effect, Washington will join twenty-one other states that have conformed to the “Streamlined Sales and Use Tax Agreement”. The bill will change the way retail sales tax is collected for some Washington businesses. Beginning July 1st, 2008, any business with nexus in Washington must pay […]

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 […]

Arizona Clarifies On-Site Shipping Law

Following our May 6th submission, Wine Institute received further clarification from the Arizona Department of Liquor Licenses & Control regarding their continuing interpretation of the on-site sales law. Wineries may ship up to 2 cases of wine per Arizona consumer per calendar year as long as the consumer purchases the wine while physically visiting the […]

City Tax in Arizona: Get with the Program… and the Non-Program

Just as a state can create their own alcoholic beverage regulations, so can they implement their own, distinct, taxing regulations. Arizona has recently clarified their sales tax requirements, applicable to wineries licensed to sell offsite sales of wine directly to Arizona consumers. According to the Arizona Department of Revenue, sales tax (called, “transaction privilege or […]

10 Days Left Until Illinois Permit Deadline

Just a friendly reminder that beginning June 1st, 2008, Illinois will require a permit for all direct-to-consumer wine shipments to the state. A winery must receive the permit before it may begin/resume shipment to the state. In 10 days, under the newly-promulgated wine shipping law, wineries and retailers that have been shipping to Illinois under […]

Checklist and detailed instructions for Illinois permit applicants

Beginning June 1, 2008 wineries will be required to have an “Out-of-State Winery Shipper’s License,” file reports, obtain a bond and pay sales and excise tax in order to ship wine to consumers in Illinois. Wineries with a valid Shipper’s License issued by the Illinois Liquor Control Commission will be permitted to ship up to […]

Georgia is a "Go": Residents Can Now Join Wine Clubs and Buy Wine Online from All Wineries

Good news, wineries – shipping to Georgia just got a whole lot easier! As we mentioned in a previous post, House Bill 1061 had passed in the House and has since passed in the Senate. It made its way onto the Governor’s table on April 15th, and Georgia Governor Sonny Perdue signed it into law […]

Arizona Confirms a Minor Change to its Direct-To-Consumer Law

The Arizona Department of Liquor Licenses & Control has confirmed a minor change to its direct-to-consumer wine shipping regulations, effective immediately. Under the original interpretation of the direct shipping law Arizona residents could not receive direct-to-consumer wine shipments unless they purchased the wine on-site, and shipments did not exceed 2 cases per consumer per year. […]

Florida escapes capacity cap at the wire

It came down to the wire, but the always heated battle in Florida ended with the legislative session closing on Friday with no bills making it out of the state congress. Multiple bills were considered for wine direct shipping, most of which included a “capacity cap” on annual production for wine shippers. The major winery […]

Illinois Direct-to-Consumer Permit Applications Available

The Illinois Direct-to-Consumer Permit applications are now available on the Wine Institute and Illinois Liquor Control Commission’s websites. Beginning June 1, 2008 wineries will be required to have an “Out-of-State Winery Shipper’s License,” file reports, obtain a bond and pay sales and excise tax in order to ship wine to consumers in Illinois. Wineries with […]

Wine Is Not the Maine Event

A bill that would have allowed in-state and out-of-state producers, suppliers, importers, wholesalers, distributors and retailers to ship wine to Maine consumers passed through the Senate but after a close vote, died on the House floor yesterday evening. If LD1987 (a.k.a. SP781) would have passed as amended by the Senate, the bill would have allowed […]

More Events – come join us!

ShipCompliant will be participating in two events this month. If you are in the area, please try to attend! Women for WineSense Professional Members Only – Real Life Compliance Solutions This event is meant to supplement the full-day TTB seminars occurring in the area at the same time. A legal overview will be provided by […]

Caps Off to Dolan's Intentions

In October of last year, wineries began shipping directly to Ohio residents under a new direct shipping permit law. When the provisions of the law in Ohio were first announced, one of the major subjects of controversy was the capacity cap, which only allows wineries that produce less than 150,000 gallons annually to obtain a […]

Direct to Consumer Symposium – May 1st and 2nd 2008

Direct to Consumer Symposium May 1-2, 2008 Meritage Resort, Napa, CA Proceeds to Benefit Coalition for Free Trade and Free the Grapes! Register here Sessions will include: Who Is Buying? Consumer Research Findings Starting a Winning Direct Marketing Program Direct to Consumer Legislation and Enforcement Using Food & Wine Marketing to Increase Tasting Room Traffic […]

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 […]

Thanks Again to Our Readers

As you might have noticed by the re-emergence of the logo on the sidebar of this page over the last week, we have been nominated as a finalist for the second edition of the American Wine Blog Awards in the category of Best Wine Business Blog. We are very honored by this distinction and we […]

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. […]

Kill the Bill: Maryland and Direct Wine Shipping

Maryland continues to be one of six states in which direct shipping is completely prohibited. In a previous post we reported that HB1260 and SB616 were favorable direct shipping bills in Maryland’s current legislative session. Both of these bills died in committee. If passed, they would have allowed permitted wineries and retailers to ship directly […]

Wisconsin Direct Shipping Bill Receives Governor's Signature

Senate Bill 485 was passed into law yesterday, making Wisconsin the newest addition to the list of permit states. Wisconsin was one of the three remaining states that had yet to change their direct shipping laws since the Granholm ruling. Direct shipping law did not authorize intra-state shipments of wine to consumers, and the reciprocity […]

Just Peachy: More Wineries Could Be Eligible for Direct Shipping

A bill is being considered in Georgia that could potentially open up the state to all wineries for direct shipping. The permit system that is in place right now works pretty well for eligible wineries, but the major issue is that some funky language makes it so that wineries cannot ship offsite orders to Georgia […]

WSWA on Wine Shippers: “Flaunting their disdain”

Just over a week ago, on the same day that the Specialty Wine Retailers Association held their first annual symposium, the Wine & Spirits Wholesalers of America issued a press release. This in itself was not remarkable – the WSWA has an active PR effort working to ensure their views are presented to the mainstream […]

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 […]

Another Rowe to Hoe

There’s been a lot of silliness lately about the Maine cigarette case, with some observers declaring that the recent Supreme Court opinion in Rowe v. New Hampshire Motor Transport Ass’n prevents states from regulating carrier deliveries of interstate wine shipments. Whether honest mistake or disinformation, that assertion might seem plausible from a superficial reading of […]

Three New Florida Bills: Not the Ducks or the Bucks, but the Winery Shipper Ones

The Regular session of the Florida Legislature will convene on March 4, 2008. During the 60 days following, legislators should decide on one of three winery shipping bills that could be introduced into Florida law. I say should, hoping that last year’s unsuccessful passage will not be repeated. Since 2006, wineries have been able to […]

Costco Asks Court of Appeals to Think Again

On February 19, 2008, Costco Wholesale filed a petition for rehearing in the Ninth Circuit Court of Appeals, asking the original panel to reconsider a three-judge panel’s decision of January 29th, which upheld the ruling of a federal district court in Seattle that Washington’s price posting requirement is invalid under federal antitrust law, but reinstated […]

Reciprocity Lives (well, at least in New Mexico)

With all the support SB59 received, it seemed hopeful that another reciprocal state would move from yellow to blue. The new bill would have replaced the existing reciprocal wine shipping law with a permit system for both wineries and retailers. Regrettably, it did not reach the New Mexico House floor before the session ended last […]

A call to action in Maryland

Maryland is currently one of six states, including Utah, Arkansas, Mississippi, Alabama, and Pennsylvania, where all direct shipping is prohibited for both offsite and onsite sales. In fact, shipping wine into Maryland today can result in a felony. But, that could all change soon. House Bill 1260 and its companion, Senate Bill 616, would establish […]

Seeing Double: Ship Your West Virginia Report Twice

We’ve received many questions about what West Virginia requires as far as reporting is concerned, so we contacted the ABCA to clear all confusion of the matter. On the West Virginia Direct Shipper’s Report it says, “Prepare this report in duplicate, mail the original and payment of taxes to the WV State Tax Department… and […]

Nebraska License Requirements Clarified

It has come to my attention that information concerning Nebraska’s direct-to-consumer shipping regulations on the Wine Institute website was misleading. The “Direct Shipping License Required” Rule was not listed as a requirement for on-site shipments to Nebraska consumers. The website has been updated to show that a direct shipping license is required for on-site and […]

Missouri: Beware the yellow highlighter!

The Missouri Division of Alcohol & Tobacco Control is being extremely thorough in enforcing accurate reporting and excise tax payments. We’ve heard from a number of wineries that filed the Wine Direct Shipper Annual Report and Tax Computation report with the associated Sales to Missouri Residents by Wine Direct Shipper (form 40) schedule on time, […]

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 […]

Dulling the Cutting Edge

Yesterday’s decision of the Ninth Circuit Court of Appeals rejected almost everything about the trial court’s decision in Costco Wholesale Corp. v. Hoen that was innovative under federal antitrust law, turning the case into an expression of conservative deference to state law. Appellate judges did not even throw Costco the scrap of a favorable word […]

A setback for Costco

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled yesterday in the case of Costco Wholesale Corp. v. Hoen. The panel largely reversed the April, 2006 decision that declared much of Washington’s three-tier system to be unconstitutional. Although the court did agree with Costco that the “post and hold” […]

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 […]

Oregon – The Next Round is Just Starting

With a new law allowing out-of-state wineries to sell directly to Oregon retailers, effective January 1, Oregon looked like a bright star in the winery self-distribution field. Oregon had chosen to level up, allowing both domestic and out-of-state wineries to sell direct to retailers. It seemed as if free trade in wine had arrived. But, […]

Welcome Alex Heckathorn

We’re pleased to introduce our friend Alex Heckathorn as a guest blogger. Alex has been a principal in Compliance Services of America (CSA) for over 10 years. As an attorney for CSA, Alex advises and licenses wineries, brewpubs, importers, wholesalers, distillers and brand builders across the US.

What were they thinking?

Naturally, there is another side to the story, which deserves analysis because of the policy issues it raises for liberalization of wine distribution laws, a goal nearly every commentator embraces. First, Wine.com’s own justification: Wine Spectator Online for January 8th quotes CEO Richard Bergsund, who declared, “We’d like to see markets open up, and we’d […]

Wine.com stings fellow retailers

Wine.com is apparently not in the holiday spirit. They recently set up a number of sting operations by purchasing wine on their competitors’ sites and notifying state ABCs that illegal shipments were on the way. Vinography has the full scoop. Be sure to read the comments below the post as well to see a pretty […]

New Oregon rules are live – reminder to get the new permit

Just a quick reminder that the new permit system took effect in Oregon on January 1st. Even if you previously had a reciprocal shipping permit to ship into Oregon, you now need their new permit to continue direct shipping. For wineries in states that were not considered to be “reciprocal” with Oregon, you can now […]

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 […]

Oregon Direct Shipper Permit Applications Available

On January 1, 2008 the legislation replacing Oregon’s reciprocity law with a permit system for the sale and shipment of wine directly from wineries will become effective. The new law requires wineries have a Direct Shipper Permit, pay an annual license fee of $50 and maintain a bond of at least $1000. Wineries with approved […]

Guidelines for Submitting New Hampshire’s Monthly Report via Email

The New Hampshire Liquor Commission has created a new e-mail account specifically for direct wine shippers. Wineries can send questions to directshippers@liquor.state.nh.us. The New Hampshire Liquor Commission also allows direct shippers, who have no shipments to report, to submit their monthly report via e-mail. Direct Shippers who choose to submit the report via email must […]

Doyle uses veto on Wisconsin budget bill

There was a flurry of activity this week in Wisconsin related to DTC shipping and self-distribution. You will recall that last month a host of onerous shipping provisions were included in the House version of the budget. These proposals would have repealed the existing reciprocal shipping statutes, replacing them with an entirely unworkable and exorbitantly […]

Wine Shipping Permit System Passes via Badger Budget Bill

Governor Jim Doyle is expected to sign into law Senate Bill 40, the Wisconsin Budget Bill that passed both chambers of the state congress on Tuesday. Within an amendment to the budget bill are provisions that would strike the existing reciprocal statutes for direct shipping and insert language that creates a permit system for wineries […]

Jim Barbuti joins as panelist in fourth Shipping Compliance Virtual Seminar

Don’t miss out on the fourth installment of our quarterly Shipping Compliance Virtual Seminar on Friday, October 26th sponsored by ShipCompliant and Wine Business Monthly. Panelists include: Steve Gross, Director of State Relations, Wine Institute James H. Barbuti, Liquor Commission Examiner – New Hampshire State Liquor Commission Jason Eckenroth, President, Six88 Solutions Jeff Carroll, VP […]

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 […]

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 […]

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!: New Illinois Law to Expand Consumer Choice for Winery-to-Consumer Shipments from 5 to 50 States, But Corks Out-of-State Retailers

From Free the Grapes!: Illinois Governor Rod Blagojevich yesterday signed House Bill 429 which goes into effect June 1, 2008. The new law dramatically expands consumer choice for winery-to-consumer purchases made by Illinois wine consumers. Under the new law, wineries in all 50 states may purchase a permit to ship. Under the old law, wineries […]

Illinois wine shipping bill signed by governor

Governor Blagojevich signed HB 429 yesterday, temporarily ending an extremely tough battle to pass wine shipping legislation in Illinois. The new laws will not take effect until June 1st, 2008. Illinois will move from a reciprocal state to a permit state for winery direct shipping and will also enable limited self distribution for wineries that […]

Ohio Direct Shipping Permits Available for Wineries Producing Under 150,000 Gallons Annually

As of October 1, 2007 only wineries producing up to 150,000 gallons annually with an approved S Permit issued by the Ohio Department of Commerce Division of Liquor Control and registered with the Ohio Department of Taxation may ship to Ohio consumers. Wineries producing 150,000 gallons or more annually are prohibited from shipping both on-site […]

Helpful Clarification Regarding Ohio’s New Shipping Statute Allows Some Wineries to Start Shipping

Wine Institute has received an initial clarification from the Ohio Division of Liquor Control that should allow some wineries to begin shipments to Ohio consumers. In addition to the restriction on the size of wineries (under 150,000 gallons) that can apply for a permit, there had been confusion surrounding the “family household” limit of 24 […]

Free the Grapes!: Ohio Wine Lovers to be Cut-off October 1

Free the Grapes! just pushed a press release about Ohio that condemns the new laws and calls for consumer action. Below are a few excerpts. A new law effective Monday, October 1 will prevent Ohio wine lovers from continuing to purchase wines directly from many popular mid-sized wineries, according to Free the Grapes! During the […]

Ohio to initiate permit system on Monday

Since July 19, 2005, wineries have enjoyed basically unrestricted access to Ohio consumers as the result of a judge declaring Ohio’s prohibition on direct shipping to be unconstitutional. That access will change significantly on Monday, when the Ohio Department of Commerce – Division of Liquor Control initiates the new permit system that was inserted into […]

Discrimination Against Out-Of-State Retailers After Granholm

Imminent revision of Illinois direct shipment law is producing much heated comment about retailer shipping rights, some trenchant and some off the mark, but all of significance beyond one state. Illinois House Bill 429, sent to the governor for signature on August 8th, conforms to the all but universally held belief that Granholm condemns treating […]

Connecticut Revises Consumer Aggregate Volume Limit Rule

The Connecticut Direct Shipping Law has been slightly altered. Wineries with an approved Out-Of-State Wine Shipper’s Permit will be able to ship up to 5 gallons (twenty-five 750 ml bottles) to a consumer every 2 months instead of every 60 days. The change becomes effective October 1, 2007 and should make it easier for wineries […]

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 […]

Virginia Out-of-State Winery Shipper's Application Checklist

The Shipper’s application is titled “Retail License Application Parts I and II” (rev. 06/2007). Please follow the steps below to ensure your application can be processed and approved in a timely manner. Applicants must have already completed the VA Sales Tax Application and received a VA sales tax number. RETAIL LICENSE APPLICATION – PART I […]

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 Missouri Law Takes Effect Today

Just a reminder… Effective today, August 28, 2007, Missouri is requiring all wineries to have an approved direct shipping permit. There is no fee and the application is only 1 page! Wineries must have the application notarized and provide copies of its current state alcoholic beverage license and a copy of its winery license from […]

Oregon to end reciprocity – permitted retailers and wineries can ship on January 1st

After January 1st, there may be only two reciprocal states left. Oregon HB 2171 was signed by the governor on July 31st and is now enrolled. As mentioned in a previous post, Oregon is all set up to become a limited/direct permit state for direct to consumer shipping. Previously a reciprocal state, only wineries from […]

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. […]

Wine shipping bill in Illinois moves to Governor's desk

The long battle in Illinois is coming to an end (well, at least for now). The Illinois Senate passed HB 429 today by a vote of 49-5. Governor Blagojevich is expected to sign the bill. More details of the legislation can be found in a previous post. If signed, Illinois would move from a reciprocal […]

Ohio adopts restrictive permit system

On June 30th, Ohio Governor Ted Strickland signed the fiscal year 2008-09 budget bill. Similar to the current legislative maneuvering in Wisconsin, this was an unusual development to see wine shipping provisions inserted into a state budget bill. As we reported earlier, the law changes Ohio’s court ordered open status for shipping wines to a […]

Free the Grapes! Fate of Wine Direct Shipping in Wisconsin Rests with Conference Committee, Governor

From the Free the Grapes! press release: For 20 years, Wisconsin’s wine lovers have been able to purchase wine directly from wineries licensed to do so, as well as from in-state wine retailers. But consumers will lose these privileges if the Budget Bill passes as it is currently written, according to Free the Grapes!, the […]

Missouri Direct Wine Shipper Applications Available

The Governor of Missouri has signed SB 299 transitioning Missouri from a reciprocal state to a permit state. As of August 28, 2007 wineries will be required to have a Direct Wine Shipper’s Permit issued by the Missouri Division of Alcohol and Tobacco Control (ATC) and pay excise taxes in order to ship to MO […]

Missouri ATC Updates Direct Shipper Information

The Missouri ATC updated its website yesterday with its interpretation of SB 299. As noted in our previous post, SB 299 changes Missouri’s shipping status from a reciprocal shipping state to a limited/direct shipping state for wineries. After August 28th, there will remain only five winery reciprocal states (OR, NM, IA, IL, and WI). Oregon […]

Missouri to end reciprocity on August 28th

On July 13th, Missouri Governor Matt Blunt signed into law SB 299. SB 299 changes Missouri’s current status as a reciprocal shipping state to a limited/direct shipping state. Beginning August 28th, 2007, in-state and out-of-state wineries may obtain a Direct Shipper’s permit and ship up to 2 cases per month, up from the previous 2 […]

More Information about the West Virginia direct shipping application process

There have been questions from wineries about the application process in West Virginia. Hopefully, this post will help clarify the process. All wineries must apply for a Direct Shipper’s Permit and pay the $150 annual registration fee to the West Virginia Alcohol Beverage Control Administration. In addition all wineries must register with the Department of […]

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 […]

Live! ShipCompliant Users Conference 2007

We are streaming our users conference currently running in Napa, CA: Update: The morning session of the 2nd Annual ShipCompliant Users Conference is now over. Thank you to everyone that attended both on site and virtually. If you are interested in viewing the seminar at a later date, please drop us a line.

Proposed Wisconsin Budget Could Affect Direct Shipping and Self Distribution

The Wisconsin Senate amended and passed the proposed 2007-09 biennial budget bill to include a Direct Shipper’s Permit for wineries. As is, the amendment removes Wisconsin’s reciprocal language and allows permitted wineries to ship up to 27 liters per year directly to individual consumers. However, the bill would also restrict the amount of wine consumers […]

Oregon Legislation Ends Reciprocity

HB 2171 passed the Oregon Legislature just days prior to the end of the regular session. The new legislation removes reciprocal language from Oregon’s current wine shipping laws. In its place, HB 2171 creates a direct shipping permit system. In essence, the direct shipping permit will be available to all wineries and retailers who wish […]

Upcoming Compliance Events Summary

Wednesday and Thursday, June 27th and 28th: Wine Institute Member Workshops The workshops will include in-depth presentations on recent direct shipping and TTB and ABC rules and a discussion on maximizing tasting room and wine club opportunities. June 27, 2007 – Santa Cruz Mountains/SF Bay Area June 28, 2007 – Monterey County/Central Coast Friday, July […]

Buckeye Budget Bill Could Affect Direct Shipping

The Ohio Senate unanimously passed HB 119, which would move Ohio towards becoming compliant with Granholm. HB 119 creates a permit system for wineries seeking to ship directly to consumers in Ohio. As reported by the Dayton Daily News, the direct shipping provision was inserted by the Senate as an amendment to the proposed 2008-09 […]

West Virginia permit process details

West Virginia passed legislation to change from a reciprocal state to a permit state. All wineries will have to obtain a direct shipping permit and pay taxes. Corporations will also have to register with the West Virginia Secretary of State. The West Virginia Direct Shipper Application, instructions and tax forms are now available on the […]

Illinois Direct to Consumer Wine Shipping Bill One Step Closer

The Illinois House of Representatives passed Illinois HB 429, which allows direct to consumer shipping by out-of-state wineries, by a vote of 92-6 yesterday. If passed by the Senate and signed by Governor Rod Blagojevich, the bill will afford individual Illinois residents the opportunity to receive up to 12 cases of wine per year from […]

Why Can't I Have a Boston Wine Party?

The current lawsuit Family Winemakers of California v. Jenkins challenges an important aspect of the Massachusetts law regarding direct to consumer shipment of wine by out of state wineries. Recent articles have mentioned that the production limits adopted by Massachusetts act as a method of protecting in state wineries from interstate commerce and restrict the […]

Florida’s direct shipping website is back up

We previously reported that Florida took down their direct shipping website after warning that the “website will remain as a resource until the last day of Session, May 4, 2007.” Since they took the site down, the DBPR has not given any guidance on a change in policy even though the legislature did not pass […]

West Virginia posts new direct shipping guidelines

The West Virginia Alcohol Beverage Control Administration recently posted a “Direct Shippers Q&A” document on their website. Though somewhat helpful, the answers in the document are mostly a copy and paste from the new statutes. A few questions remain about some specifics on the permit process as well as the audit requirements. We will post […]

West Virginia Permit Applications Available

West Virginia will be the next state to move from the “reciprocal” category to the “limited-direct” category. Senate Bill 712 passed on March 10th and was signed by the Governor on April 4th. The bill states that it will take effect ninety days from passage, which is June 8th, 2007. However, wineries will likely have […]

Direct-to-Consumer Shipping — Not Quite the Green Light for Every State

Appellation America released a great article about direct shipping as we celebrate the second anniversary of the Granholm v. Heald ruling. The article was actually written by Eleanor and Ray Heald, the couple that originally sued the state of Michigan to overturn their discriminatory direct shipping laws. The appeal made it all the way to […]

New Hampshire Updates Direct Shipper Permit Application

The New Hampshire State Liquor Commission has updated their Direct Shipper Permit Application. Changes to the application consist of updating the NH Liquor Commission Bureau of Enforcement mailing address and making changes to the letterhead. The updated application has a shield in the upper left-hand corner and contact information for Chief Eddie Edwards below. The […]

Deadline extended for Illinois House bill

Illinois House Bill 429, which would move Illinois from a reciprocal state to a limited direct state for winery direct shipping, did not see a vote by the May 10th deadline, but the deadline for third reading and final action was extended until May 18th. The bill would create a permit system, establish a 12 […]

Florida removes direct shipping website

Florida removed their direct shipping website late Friday night or early Saturday morning. However, the Department of Business and Professional Regulation has given no official notice of any change in policy. Stay tuned for any developments. Below is an archive of the direct shipping site that was removed by Florida: ————————– Department of Business and […]

Florida update: No legislation will pass by the deadline, no word from DBPR

As an update to our previous post about Florida, no legislation will pass in the current session, which ends today. At this time, there has been no word from the Department of Business and Professional Regulation about whether they will continue to allow shipping under the current rules. It seems that nobody knows exactly what […]

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 […]

Florida may revoke wine shipping access on May 5th

At least three bills that address wine direct shipping are pending in the Florida legislature in the current session. Senate Bill 126 (Saunders) and Senate Bill 2282 (Geller) both include restrictive “capacity caps” that would prohibit any winery that produces more than 250,000 gallons per year from shipping directly to Florida residents. House Bill 1217 […]

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 […]

Tea Leaves & One Fact

Some historians say the origin of foretelling the future from tea leaves is an ancient Greek practice of reading wine sediment patterns in the drinking vessels. Wine-related or not, the lawyer’s pastime of seeking clues to future judicial decisions from what judges say during oral argument is about equally reliable. Nonetheless, it’s difficult to resist […]

Direct shipping bill passes West Virginia Congress

In May of 2005, in the case of Granholm v. Heald, the United States Supreme Court effectively invalidated the practice of reciprocity because it discriminates against wineries in non-reciprocal states. At that time, there were 13 reciprocity states. Today, there are only seven reciprocity states left (Oregon, New Mexico, Iowa, Missouri, Wisconsin, Illinois, and West […]

Free the Grapes! Updates Wine Industry Code for Direct Shipping Practices

Free the Grapes! recently updated its Wine Industry Code for Direct Shipping. The Code is a voluntary set of guidelines for direct to consumer wine shipments. The new Code, listed below, is fully endorsed by Wine Institute, Family Winemakers of California, and WineAmerica. Wine Industry Code for Direct Shipping Out-of-state licensees may direct ship wine […]

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 […]

To Which States Should You Ship Direct?

After showing off beta versions of this tool at several trade shows in January, the ShipCompliant team officially released its latest tool today to help wineries make the most of the direct channel. The State Shipping Break Even Calculator does just that – it tells you how many bottles of your wine it takes to […]

Compliance Events Summary – March 2007

Monday, March 5th, 2007 – Direct Shipping Compliance Seminar Virtual Seminar hosted by ShipCompliant, FedEx and Wine Business Monthly 1:00 pm – 3:00 pm PST Attend from your computer (with a phone and an internet connection) Tuesday, March 6th, 2007 – Navigating Direct Shipping Part of Oregon Wine Industry Symposium (Mon. – Wed.) 10:30 am […]

Kentucky posts permit instructions

Kentucky recently posted instructions for obtaining a Kentucky out-of-state small farm winery license. There are ten steps (actually eight steps – they skipped steps 6 and 8!) that a winery that produces less than 50,000 gallons can follow to receive a license to ship directly to consumers. STEP 1. KRS 243.360 requires you to first […]

Thank You to Our Readers

As you might have noticed by the logo on the sidebar of this page over the last week, we have been nominated as a finalist for the first edition of the American Wine Blog Awards in the category of Best Single Subject Wine Blog. We are very honored by this distinction and we thank the […]

Prorated fees in Honolulu

Most of our readers know that Hawaii started enforcing its direct wine shipment permit law on January 1, 2007 and moved into the “blue” category on the state-by-state direct shipping map. There are 4 counties in Hawaii and each county requires wineries to complete its own permit application and pay a fee. The annual permit […]

Bourbon County, KY – Wet, Dry, or Moist?

We’re getting word that Kentucky will soon make public the requirements for out-of-state wineries to get a small farm winery license for shipping wine directly to consumers. Regardless of the difficulty of the process that Kentucky unveils, wineries will surely face a challenge in keeping track of the 53 dry and 16 “moist” counties in […]

Washington Excise Tax Confusion

We’ve had number of questions recently from wineries that are confused about the excise tax requirements in Washington. Apparently, the Washington LCB is now just outright rejecting winery submissions if they do not use the correct form. To provide a little background on this issue, Washington adopted a limited direct model on July 1st, 2006. […]

News from Kentucky

The headline said, “State drops out of wine suit: Small operators can ship directly,” but the reported change in direct shipment rights occurred in December of last year. What’s new is that the state has abandoned its appeal, leaving the wholesaler trade association to continue alone in attempting to persuade the Court of Appeals to […]

"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 […]

Compliance Events Summary – January 2007

Thursday, January 18th – Making Sense of Direct Shipping Laws Part of Tasting Room Profitability (Wed. & Thurs.) 8:30 am – 10:00 am Marin Center, San Rafael, CA Tuesday, January 23rd – Selling Your Wines Direct to the Consumer Part of Unified Wine and Grape Symposium (Tues. – Fri.) 1:30 pm – 4:00 pm Sacramento […]

Tips for Completing the Hawaii Tax Applications

As of January 1, 2007 Hawaii is officially operating under the permit law for direct wine shipments. This means that wineries can no longer ship under the reciprocity law and must have an approved direct shipper permit for each county. However, wineries must have a General Excise Tax License (similar to sales tax) and a […]

2007 Hawaii Permits Available

Hawaii recently made available the new permit forms for shipping directly to consumers. Even though Hawaii passed a new limited-direct model that technically went into effect on July 1st, 2006, most wineries continued to ship under the previous reciprocity rules because Hawaii did not give clear guidance on how to get permits and report under […]

Results from Federal District Court in Kentucky

It was pretty good, though it could have been better. Yesterday, Judge Charles R. Simpson III reaffirmed his analysis of last August in the Cherry Hill case, finding that on-site only requirements in the direct shipment law effective on January 1 are unenforceable because they unduly burden interstate commerce relative to in-state direct shipments. The […]

Kentucky Court Opinion and Judgment Posted

The US District Court in Kentucky ruled yesterday on the lawsuit filed by Cherry Hill Vineyards, challenging provisions in Kentucky’s recent direct shipping legislation. Here are links to the court’s opinion [Huber Memorandum Opinion.pdf (324 KB)] and judgment [Huber Order and Judgment.pdf (239 KB)]. An excerpt from the opinion: The court has evaluated the new […]

Terroir II: Another Word Soon from the Court that Decided All Wines Aren’t Alike

A new ruling is expected before the end of the year in the Granholm-based lawsuit that challenges the states’ and wholesalers’ “on-site only” strategy for resisting direct shipment. That line of defense argues it’s equal treatment to restrict all wineries, near and far, to the same limitation of in-person orders (which seems true in the […]

Important ruling in Kentucky expected by year-end

U.S. District Judge Charles R. Simpson III is expected to give a very important important ruling in Kentucky by the end of the year, according to the Louisville Courier-Journal. The ruling will help decide the fate of the Kentucky law that was set to take effect on January 1st. The new law would allow for […]

Additional information regarding Pennsylvania’s Limited Winery Permit

Important caveat on Pennsylvania in particular and “Notes on Wine Distribution” in General. The recent development posted on 12/14 regarding direct shipment to Pennsylvania residents in that the state, is that the Liquor Control Board, which has known since November 2005 that it lost the Cutner case and therefore may not prohibit direct shipment from […]

Wine Distribution Notes, v12

R. Corbin Houchins released version 12 of his Notes on Wine Distribution, with an important development for shipments to consumers in Pennsylvania. Click here to read the new release Update: Please see the post above for more information on PA. Also note the definition of a “limited winery”.

Costco appeal on fast track

The case is moving along very rapidly, the Ninth Circuit Court of Appeals having taken the initiative in a November 30, 2006 order by designating the appeal as expedited and setting a very prompt date for argument (March 2007). The defendants’ motion before the Court of Appeals for an indefinite stay was denied, but can […]

Wine Distribution Notes, v11.2

R. Corbin Houchins, Beverage Industry Counsel, just released version 11.2 of his Notes on Wine Distribution. This is a great resource and recommended reading for all that are interested in wine direct shipping. The first sentence of each release describes this resource well: These notes, now in their thirteenth year, are intended to serve discussion […]

Sales tax rate decrease in North Carolina

From the North Carolina DOR notice The North Carolina General Assembly enacted legislation that reduces the general State rate of sales and use tax from 4.5% to 4.25% effective December 1, 2006 and from 4.25% to 4% effective July 1, 2007. Therefore, effective December 1, 2007 2006 the general State rate of sales and use […]

Compliance Q/A in Kennewick, WA – 11/28

Welcome to the (brief) second installment of shipping compliance events summary! These events are great opportunities to hear from experts on legislative changes to the rules, best practices for staying compliant and growing your market, special offers on shipping and other related services, and introductions to technology solutions. November 28th – Washington Wine Industry Summit […]

The free ShipCompliant MapTool

Wine Business Monthly wrote a quick piece this morning about a free tool our team created to help wineries communicate their direct shipping policies in a consistent and brand sensitive manner. Wineries do not have to be ShipCompliant customers in order to use the free widget that creates a nicely printed PDF map of their […]

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 […]

Compliance Events Summary

Welcome to the first installment of shipping compliance events summary! These events are great opportunities to hear from experts on legislative changes to the rules, best practices for staying compliant and growing your market, special offers on shipping and other related services, and introductions to technology solutions. November 8th – Wine Institute Sonoma County Member […]

FedEx begins shipping to Vermont

From their wine landing page: FedEx Express and FedEx Ground expands wine shipping services to accept legal wine shipments to consumers into, out of, and within Vermont. The effective date is November 1, 2006. For those shipping wine to VT consumers, please note changes on State Pairing Guide. Vermont’s consumer direct legislation actually went into […]

More on Georgia sales tax

A few weeks ago, Annie mentioned that wineries shipping directly to Georgia that do not otherwise have a nexus in Georgia are not required to collect sales tax. We have had a number of questions about this issue, mostly related to the fact that different people have received different answers to this question in 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 […]

Interview with Jeremy Benson from Free the Grapes! – Part 1

Below is the transcript from the first part of an email interview with Jeremy Benson, Executive Director of Free the Grapes! Q: Can you start with some background on Free the Grapes! and its mission? Free the Grapes! was founded in 1998 as a result of the wholesaler’s success in making Florida a felony state […]

Clarifications on Direct Shipping Laws

The enforcement and interpretation of various state laws for Direct-to-Consumer wine shipments continue to evolve. Following are three recent updates that wineries should be aware of. Connecticut: Wineries of any size are eligible to apply for an Out-of- State Shippers Permit in CT. The cost of the permit is $250 and there is a $100 […]

Virtual wineries taken to court

Last week the California Department of Alcoholic Beverage Control took three “virtual” wineries to court stating that they violated the provisions of their licenses by pouring wine for consumers at a wine festival. So called virtual wineries typically hold two licenses in combination, a type 17 which is a wholesale license and a type 20, […]

New COLA form available

TTB published a new Certificate of Label Approval or Exemption (COLA) form in June of this year and is now requiring that all applicants use this new form. According to Customer Service Staff at the TTB Labeling and Formulation Division in Washington, D.C, they will reject all applications submitted on the old form that were […]

Clarification on the South Carolina application process

There has been some confusion about the application process for wineries shipping direct-to-consumers in South Carolina. The correct forms to complete are listed below and can also be found at http://wi.shipcompliant.com/StateDetail.aspx?StateID=39. Wineries must complete the following steps to legally ship wine directly to consumers in South Carolina: 1. Complete the Out-of-State Wine Shipper’s License (Form […]

More on the Family Winemakers lawsuit

Tom Wark from Fermentation posted a lengthy comment in response to Doug Caskey’s thoughts on the Family Winemakers lawsuit. This was another great response, so I wanted to post it to make sure everyone reads it. Doug: First, anyone accusing you of being a traitor to the wine industry simply doesn’t know you or doesn’t […]

Idaho increases sales tax rates

From the Idaho Tax Commission memo: The Idaho Legislature passed a new law increasing the sales and use tax rate to 6% as of October 1, 2006. Be sure to update the rates in your order management system(s) if you haven’t done so already.

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 […]

TSA eases liquids ban, but wine bottles are still prohibited

TSA announced today an ease on their ban on liquids, but don’t expect to carry on a couple bottles of your favorite Cabernet any time soon. The Transportation Security Administration (TSA) announced today it is adjusting its total ban on liquids, gels and aerosols effective Tuesday, September 26. There are two significant changes: Travelers will […]

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 […]

Arizona permit available, FedEx begins shipping

The new wine shipping laws took effect yesterday in Arizona. Arizona has posted the Application for Out-of-State Domestic Farm Winery or Domestic Microbrewery on their website. Currently, only wineries that produce less than 20,000 gallons per year can ship directly to Arizona residents. Wineries that produce more than 20,000 gallons must “Provide the names and […]

Kentucky appeals court ruling

The State of Kentucky yesterday appealed the court ruling in August that struck down the interstate shipping ban in Kentucky. The State disagreed with the court’s finding that the in-person requirement for purchasing wine is unconstitutional. Thanks to the folks at Stoll Keenon Ogden for the tip and the insight. Their article was used a […]

Family Winemakers sues Massachusetts over capacity cap

In the previous post, we mention that a group sued Arizona over the discriminatory nature of their 20,000 gallon capacity cap. Now, the Family Winemakers of California, a group representing over 740 small and medium sized wineries, is suing the State of Massachusetts for the same reason. Paul Kronenberg, President of Family Winemakers, said the […]

New offsite rules take effect in Arizona on September 21st

As we mentioned in June, the new laws for shipping into Arizona are scheduled to take effect on September 21st. However, the Arizona Department of Liquor Licenses and Control has not made available the forms or processes necessary for obtaining a permit and is not expected to until at least September 21st. Once the forms […]

Kentucky court strikes down interstate shipping ban

A US District Judge in Kentucky struck down the current regulations that allow only Kentucky wineries to ship to Kentucky consumers. Bill Nelson has the full scoop in the WineAmerica News Brief and at their state issues website. As expected, the judge found the discriminatory nature of the Kentucky statutes to be unconstitutional and in […]

Brian Williams Scolded By SWRA

The intense response from the wine industry to the WSWA’s study last Thursday continues. This time, the target is Brian Williams and the crew from NBC news who ran an out of context fluff piece Wednesday night featuring the soon to be released study (Click here to view the newscast – PC only). The Specialty […]

Free the Grapes responds to WSWA

Free the Grapes put out a quick response to the WSWA survey noted below. Here are a few excerpts The wine wholesaler cartel today trotted out a tired argument already dismissed by the U.S. Supreme Court, the Federal Trade Commission, and state alcohol regulators. The intent of the Wine & Spirits Wholesalers of America’s “survey” […]

TSA Prohibits Carry-On Liquids (including wine)

In light of recent disrupted terrorist plots to detonate liquid explosives in commercial airlines, the Transportation Security Administration is implementing the following security procedures effective immediately: NO LIQUIDS OR GELS OF ANY KIND WILL BE PERMITTED IN CARRY-ON BAGGAGE. ITEMS MUST BE IN CHECKED BAGGAGE. This includes all beverages, shampoo, suntan lotion, creams, tooth paste, […]

WSWA To Release New Underage "Research"

Update #1: View NBC segment Tomorrow the WSWA will release a research survey conducted by TRU (Teenage Research Unlimited): “confirming that millions of teenagers have ordered alcohol online, or have a friend who has ordered online. The survey provides hard evidence about teenagers’ online activity, their purchases of alcohol, their awareness of the ability to […]

FedEx begins shipping to Kansas

Following up on Annie’s post below, FedEx is now approved to ship to Kansas for onsite shipments and began shipping yesterday. They posted the change on the state pairing chart on their wine website.

Kansas’ Limited Direct-to-Consumer Shipping Law

Governor Kathleen Sebelius on May 23, 2006 signed a direct to consumer (DTC) shipping bill in Kansas that gives us only half of what we were seeking. This was an extremely hard-fought battle in a state that had previously banned all DTC shipments. Unfortunately, the success Chuck McGrigg and our local lobbyists had in passing […]

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 […]

An Exchange on Central Warehousing

A reader reports a recent email from the Oregon Liquor Control Commission (OLCC) that begins, “[Y]our statement that [central warehousing] is not directly prohibited by law is not correct. There are several statutes that provide the basis for this prohibition.” That assertion could as well have been directed to me, as in a previous posting […]

Costco-Granholm battle lines forming in Ohio

Ohio wineries selling to state residents operate under a mandatory 33.3% markup system, whether distributing directly or through a wholesaler. Under past law, wineries outside the state could not sell to Ohio consumers at all. To comply with Granholm, the state accepted a consent decree permitting consumers to purchase directly from out-of-state wineries, beginning in […]

ShipCompliant Users Conference & Compliance Seminar – July 14

Six88 Solutions is presenting a direct shipping compliance seminar in conjunction with its first annual ShipCompliant users conference. Due to generous sponsorship from FedEx and ChoicePoint, this event is now open to non-customers and is free of charge. The seminar will focus on the realities of enforcement and feature speakers such as Steve Gross (Wine […]

Washington direct shipping requirements

Permit Required: If a WA state winery has a Domestic Winery permit, nothing additional is required. If an out-of-state winery holds a Wine Certificate of Approval, only a no-fee endorsement is required. If an out-of-state winery does not hold a COA, a Wine Shipper Permit (for shipping to consumers only). Fee: $100 license fee + […]

Colorado permit process

Colorado’s new legislation effecting wine shipments will become effective July 1, 2006. The new permit application is available on Wine Institute’s direct shipping website here. Wineries that have been shipping to Colorado under the reciprocity law DO NOT have to complete a new application. The annual renewal fee for applications will remain $50.00. Wineries must […]

Update on Idaho Direct Shipper's Permit Application process

Wineries can begin applying for Idaho direct shipping permits. Wineries must complete the Idaho Business Registration Form and the Idaho Beer and Wine Tax Application (BWA). Both forms should be submitted to the Idaho Tax Commission with a $1000 Bond, a Certified Copy of the Winery’s License (In California it is the Type 02 License) […]

Summary of changing states

Wow, there have been a lot of changes to direct shipping laws this year and we are not even at the six month mark! Many reciprocal and prohibited states are becoming permit states. This is good news for wineries and consumers, but it is hard to keep track of all the changes. There are several […]