Is the recipient committing a crime or just the retailer? From my reading of the decision that Tom posted, the recipient is not. And as Bob said, the retailer is unlikely to be extradited.
Not likely to be extradited, but it’s easy enough to write a “cease and desist” letter, which may be enough to stop some retailers from continuing to ship. Like Commerce Corner, the finer legal aspects of shipments by specific out of state retailers are probably best left unexplored. Which is not to say that they are all shipping illegally, as I do believe there are loopholes that can be exploited.
Meanwhile, it’s probably best to thank Tom for pointing out the shortcomings of New York’s wine laws and move along. Nothing to see here, and I’m sure all the shipments I receive are fully compliant with all relevant laws…
Paul, this report details how state laws treat the issues of consumer access to wine and consumer convenience. NJ is a state that has laws on the books that ban the shipment of any and all imported wines by virtue of having a law on the books that ban out of state retailers from shipping to the state. Additionally, the arbitrary ban on buying wine in grocery and food stores is another arbitrary law that is in fact a real inconvenience.
Only if you like bad wine.
Alabama allows retailers to ship wine to a state store. There is a form placed in the case the retailer has to fill out and there is a small tax levied (but no sale tax). I’ve done it a couple of times with no issues. I won’t comment on DE’s ranking other than to say that laws in place don’t appeared to be enforced. Some grocery stores in MD sell wine and beer. I can think of two near me.
VA is #1!!! YahhhhHooooo!!! With the introduction of laws that allow corkage a year ago this past July, we reached the pinnacle. If it was not for the large economic impact of VA wineries I can assure you we would not be anywhere near #1. Thank you VA wineries!!!
Tom, if the law is not enforced it is meaningless to us wine lovers. I just went on Cellartracker to see where I bought wine from and counted 24 out of state retailers that have shipped to me. If they enforced the law I would agree with you that banning out of state retailers from shipping is a huge problem for us. But in reality that is not the case.
I don’t think I agree on the grocery store law. As previously mentioned there are plenty of large supermarkets that have wine stores attached. I have purchased wine from Wegman’s and Shop-Rite. Also BJ’s, Costco, Trader Joe’s and Corrado’s are 4 more supermarkets that I just thought of that carry wine. So I don’t understand how it’s illegal.
But…It is the law. And when it’s the law, all it takes is a simple decision to start enforcing. We’ve seen this happen in a number of states from Texas to Washington to Michigan.
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but, I can understand that the grocery store ban doesn’t prevent you from buying the wines you want, but how does that support the idea of preventing grocery stores from selling wine? I have trouble imagining the logic behind this; admittedly I’ve never lived in a state with such a ban.
We buy many of our daily drinkers from the grocery store, and one local Safeway even has a climate controlled cellar with high end wine.
BTW the Kentucky grade says that gov’t does not restrict local sales of wine, however Kentucky has dry counties where the sale of any alcohol is prohibited. We learned to recognize these by the glistening palaces devoted to liquor, beer, and wine sales, which inevitably sit just outside these county lines.
Tom,
Always possible that they will start enforcing the law against out of state retailers but in the 20 years I’ve been buying wine that hasn’t happened so why would I worry about it now.
if I knew nothing about NJ and read that report then as a winelover I would never move to NJ. In reality, NJ is a great wine state to live in. We have an incredible amount of BYO (free) restaurants, out of state wineries and retailers that will ship to us, some of the best in state retailers with a tremendous variety of wines including hard to find picks, and a bunch of grocery stores that do sell wine contrary to what you say is the law. I think you do the people that don’t know the state a disservice with the almost failing grade.
I can tell you this, Indiana certainly deserves the F that it got.
JD
“We’ll send him, but he may not get there for 5-8 years.”
LOL! He’s on a boat on the ocean somewhere.
You’d be surprised as to when laws suddenly get enforced.
How about a story like this? Alcohol is one of the most regulated and taxed products in the country. It has been historically impracticable to avoid this regulatory scheme. Perhaps a stray bottle or case is brought across a state border. Or a retail store mails flyers for annual sales, which require orders to be faxed/mailed to the store and then picked up in person. But these are outliers. FedEx and UPS do not ship wine. It is illegal for the postal service to ship wine.
Enter the Internet. Yada yada. FedEx and UPS realize there is big money to be made in wine shipment. USPS petitions Congress to change the law on alcohol shipment. The multi-tiered system (with various entitled entities) starts screaming. States realize they are losing tax money. Kids will be drinking Dom in the street. Parade of horribles. Etc.
States look at laws on books or enact new ones. You are SOL. Just ask your fellow WBs in Texas, New York, or other states what has happened over the past several years (there have been numerous restrictions/regulations of out-of-state entities). I think board favorite John Rimmerman said, “It is easier to deal in guns than wine.” There are very powerful interests who don’t want you to be able to order wine over the Internet.
Also, you might be interested to know that Texas authorities have worked with UPS/FedEx to implement mechanisms to restrict illegal out-of-state shipments.
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I’m clearly SOL. Live in Utah (51) and Michigan (35) F and D.
I MI we rarely eat out at restaurants where there is NO BYOB. But we eat often at our golf club where we CAN BYOB. But I cannot (legally) ship wines in from out-of-state retailers…although I do with no problems.
Utah is just too gruesome for public consumption. But, there is BYOB in almost every restaurant.
Idaho received a sold B, based on accurate info.
As an aside, I thought it was a great tongue-in-cheek commentary that Utah was ranked 51st, until I realized that DC was included in the report.
+infinity
Utah would be 54th if we included Puerto Rico, American Samoa and a dry county in Texas. But,… we have a low crime rate which I am sure is somehow connected (in the minds of our legislators) to demon wine.
Interesting thread and discussion.
I live in Quebec province, Canada. I sometiems go to buy wines in Ontario province, Canada and I thought I have problem… 