Untangling the complex world of wine direct shipping and compliance
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    Posts from the Indiana Category

    Face-to-Face Enforced in Indiana

    By Annie Bones, State Relations - Wine Institute

    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 [...]

    December 4th, 2008

    An Unfortunate Direct Shipping License Clarification in Texas

    By Annie Bones, State Relations - Wine Institute

    Wineries applying for a Texas Direct Wine Shipper’s Permit or renewing their existing permit must now pay a surcharge of $160 in addition to the $75 annual permit fee. Currently the Direct Shipper’s permit is renewed annually. However, beginning January 1, 2009 all Direct Shipper licenses will be valid for two years. Applicants will have [...]

    December 4th, 2008

    Indiana Still Standing on Their Face

    By Sarah Fine - ShipCompliant Research Team

    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 [...]

    September 19th, 2008

    A Little Knowledge Is Not Enough: Evidentiary Burdens In On-Site Cases

    By R. Corbin Houchins, Beverage Industry Counsel

    The August 7th decision of the Court of Appeals for the Seventh Circuit in Baude v. Heath has been characterized as a loss in the fight against on-site purchase requirements. Indeed, the opinion leaves Indiana’s initial personal visit requirement in place. That is not, however, the whole story. It’s important to keep in mind in [...]

    August 10th, 2008

    7th Circuit Reverses Indiana Face to Face Ban

    By Jeff Carroll - VP of Compliance, ShipCompliant

    The 7th Circuit Court of Appeals made an important decision yesterday regarding face-to-face transactions when shipping wine directly to Indiana consumers. After Indiana initially passed its direct shipping laws to comply with Granholm, the face-to-face requirement was successfully challenged in August of 2007. However, yesterday’s decision will eventually reverse the face-to-face clause. None of the [...]

    August 8th, 2008