Archive for May, 2007
Florida’s direct shipping website is back up
May 25th, 2007
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 any direct shipping legislation prior to the May 4th “deadline”. Well, now the direct shipping website is back up, sans the warning that it used to have:
IMPORTANT
This website is provided for informational purposes only and is not legally binding. The Florida Legislature is considering legislation on the wine shipment issue this legislative session and is expected to pass legislation that directly impacts wine shipment into Florida. For your convenience a link to the web pages of the Florida House of Representatives (www.myfloridahouse.gov) and the Florida Senate (www.flsenate.gov) are provided so that you might be aware of pending legislation; you should contact your legislator for additional information. This website will remain as a resource until the last day of Session, May 4, 2007.
The DBPR confirmed yesterday via phone that there has been no change of policy and that wineries can continue to ship so long as they comply with the State of Florida and Federal laws.
Update: The site is now down as of Monday morning, 5/29.
West Virginia posts new direct shipping guidelines
May 24th, 2007
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 detailed instructions about the rules as soon as we receive more information.
West Virginia Permit Applications Available
May 18th, 2007
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 until at least July 1st to complete the permit process.
The Department of Tax and Revenue Alcohol Beverage Control Administration recently posted the Direct Shippers Licensing Packet. We will follow this post in a few days with much more detail about the steps in the permit process, but we encourage wineries to start the process of applying for the new permit as soon as possible to ensure continuous compliance.
One of the stipulations in the new rules is the prohibition of shipments to dry areas. See this document for a list of the 13 dry or partially dry counties. Some of the dry counties listed contain wet cities and towns that allow direct shipping, and some of the counties listed are wet with the exception of a few dry cities and towns:
County – Dry Areas
Brooke – Only the Town of Bethany
Calhoun – Entire county
Grant – Entire county, except the City of Petersburg
Hampshire – Only the Town of Capon Bridge
Jackson – Entire county, except the Cities of Ripley and Ravenswood
Kanawha – Only the Town of East Bank
Lincoln – Entire county, except Town of Hamlin
Marion – Only the Town of Worthington
Pocahontas – Entire county, except the Town of Durbin and City of Marlington
Roane – Entire county, except the City of Spencer
Uspshur – Entire county, except the City of Buckhannon
Wayne – Only the Towns of Wayne and Fort Gay
Wetzel – Entire county, except the City of New Martinsville and the Town of Hundred
More information to follow early next week…
Direct-to-Consumer Shipping — Not Quite the Green Light for Every State
May 16th, 2007
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 the Supreme Court of the United States, where the Healds were victorious in the Granholm decision. The article assesses the changes that we have seen in the two years that followed the Supreme Court ruling. Below are a few excerpts from the article:
On May 16, 2005, the U.S. Supreme Court in Granholm v. Heald struck down state laws in Michigan and New York that prevented or made it difficult for out-of-state wineries to sell and ship directly to consumers. Small U.S. wineries which comprise the majority of the approximately 4,400 bonded wineries and are found in each of the 50 states reaped benefit of this decision. Yet, the question begs, how much benefit in two years?
“But, for wineries,” Benson notes, “there has certainly been some short-term pain as burdensome legislation is producing time-consuming compliance requirements.”
Indeed, over two years, the winners in Granholm v. Heald are many, despite the end run around the Supreme Court decision being attempted in some states by a new wholesaler approach which is aimed at regaining its cartel dominance and restricting consumer choice in wine purchases.
New Hampshire Updates Direct Shipper Permit Application
May 15th, 2007
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 application is available on the Wine Institute website. The outdated application will be accepted for 60 days, after that it will no longer be accepted.
