Feedback from ABC on individuals selling on WineCommune.com

Commerce Corner - Wine Classifieds
1

Just thought I’d share…

Section 23104.6 of the California ABC Act (full text follows) allows unlicensed persons to sell vintage wine under specified conditions:

23104.6. (a) Any nonlicensed person owning bottled vintage wine
purchased by that person at retail, is authorized to sell that wine
to a licensee authorized to sell that wine if each bottle has a
permanently affixed label stating that the wine was acquired from a
private collection.
(b) “Vintage wine,” as used in this section, means bottled white,
rose, or sparkling wine which is not less than five years old or
bottled red wine which is not less than 10 years old.

What the above section permits you to do is to sell your wine to Winecommune.com because they have the required ABC license(s). However, if Winecommune.com is merely a “go-between” or conduit for you to attempt to sell your wine to another unlicensed person in California then this is illegal. Hence, I understand why Winecommune.com requires sellers to be licensed by us. That said, there is no ABC license available for an individual to legally sell wine to unlicensed persons in the manner you have described. The Department is authorized to issue licenses that have been created by the California Legislature. To date, the Legislature has not seen fit to create a license for this purpose.

I regret that my reply could not be more favorable.

2

Could we have more context here, specifically in regards to the above-emboldened parts.

3

Before I retired I was an attorney with the Cal. Attorney General’s Office. We represented Calif ABC. Although I was in the criminal section in my discussions with the legal staff, it meant that in California an individual can NOT sell wine directly to anyone unless that person has an ABC license.

Sales can be made via a licensed auction house in one of their auctions

Thus many of the transactions listed on the Commerce board are illegal if they happened in California. Now, would ABC bother to go after any of these folks? I’m not sure-I’ve seen them go off on some odd tangents. The ABC folks in San Diego once threatened to pull the license of a restaurant if it hosted the San Diego National Wine Competition.

If you use this forum, please understand the risks.

4

OMG! Haven’t seen you since the AOL boards. Where you been, Bob?

Suffice to say, you haven’t - despite any legitimate concerns, which are valid - lost your ability to throw a wet blanket on things.

5

I’ve been off running three wine competitions (Mid-American, Mid-California and Temecula), tasting for the California Grapevine newsletter, judging ten or twelve other wine competitions and arguing twice at US Supreme Court.

Kind of surprised to see you posting on a wine site where you have to use only your real name. [basic-smile.gif]