Bossiet using “Tupperware Party” model to sell wine:
http://www.greatfoodandwinesites.com/ReviewSite/wine-news/Boisset-launches-home-wine-parties
I think this is the key: Neither hosts nor Ambassadors take orders, which are made on a Boisset web site
But the Ambassadors are paid a commission. Are they licensed as brokers?
That makes this a commercial event, so who has a one day permit to serve the public?
Who pays for the samples?
Who has liability exposure?
someone gets drunk, drives and hits a pedestrian… who has liability?
First of all, I wish them all the success in the world with this. My questions are driving towards “Can WE do this?”…
The wine selling company is the one with the liability. They should have insurance to cover it.
Under California law, the server is personally criminally liable, employer civilly.
The hosts have to buy the wine and then pour it for their friends. I don’t see the ABC issue with the hosts then receiving a commission.
So, they pay $199 to get into this then BUY the samples, all for 10% commission? You’d have to sell a lOT of wine to break even.
You must not be a lawyer, the answer is clearly “everyone.” (source: I’m a lawyer.)
Other acceptable answers: no one, any number of individuals in between.
But seriously, wouldn’t that sort of question apply to any serving situation? How is this different than a tasting or wine group except for the sponsorship? In my state there is no social host liability, except for minors.
Just a bit of free-thinking on this…
Looks like the first $199 includes 5 bottles of wine. After that, it probably continues with the “Ambassador” buying wine to sample. The starting commission is 25% with the chance to earn an override on other people you get to do this under you. If the Ambassador is buying at a profit to Boisset, I think that’s legal in CA.
What doesn’t sound right is charging people to drink the wine in what must be a non-licensed location… unless the Ambassador gets a “Special Daily License” (at least that’s how I think it goes in California).
Got to believe Boisset is big enough to be visible, so they have hopefully figured this all out.
Most of what I and and many others in the biz do revolves around this concept actually. Wines presented in private homes, whether mine or a client, almost always in the context of a dinner and subsequent orders. I do this at least 3 nights a week and it’s a great way to build business. The difference is that I generally stick to great Burgundy, Piedmont, Loire and Champagne and have a great clientele for these. Money never changes hands at the table and I have no idea what that means from a legal perspective but my “tastings” look like dinner parties to me.
OMG!! Is it really you, Steve? How the hell are you?
Do you charge people for the event, which includes wine? Or is it, free… or called something else? Just because you do it all the time doesn’t necessarily mean it’s legal. Shhhhh
Disclaimer: I don’t claim to be an expert on this stuff.
Hi Maureen! Yes, it’s me. Really long time, how are you?
Do you charge people for the event, which includes wine? Or is it, free… or called something else? Just because you do it all the time doesn’t necessarily mean it’s legal. Shhhhh
I almost never charge for events, per se, but will often collect money for bottles as part of a sales invoice, generally with other purchases. Really depends on the clients and situation. As far as a legal perspective, I’d imagine there are a number of potential issues, especially here in CA, simply because of the alcohol. There are pretty clear alcohol regulations any licensee needs to adhere to before we start talking about liability issues. For example, as a licensee I’m forbidden from giving away alcohol. Does that mean that I’m required to charge my guests for wine at a private dinner party in my home? Considering the fact that my home address is also the address my license is attached to, it might appear that I couldn’t even open a bottle inside my place without breaking some sort of law considering my particular license doesn’t allow for me to conduct tastings. Only retail. And no over the counter retail at that since I have an internet only license. It gets pretty fuzzy pretty quickly.
As for the Boisset scheme, it would appear that they’re in full compliance regarding sales and deliveries for the states they’re operating in and I’m sure that figuring out those logistics was the first order of business when they organized this venture. At the same time, they seem to be looking for “Ambassadors” who probably aren’t alcohol professionals and I would think that there are some pretty big risks involved.Anyone happen to read a recent story about a fatal drink driving accident in TX where the police arrested a guy for buying, not serving, a drink for the drunk driver at a bar? Pretty scary.
Not sure this discussion should be prolonged based on what people seem to feel has come of another couple of topics (on wine shipping) over the past few days. I tend to think the ABC has priorities that override small situations like yours, but I know enough about ABC law to think that your home, being the licensed location is, as you say, under even greater restriction than the unlicensed home next door.
If you are inviting the public to a wine tasting event, then make sure you have the proper licensing (or a clear exemption). And the proper liability insurance. If you are serving alcohol at an event deemed business/commercial, your regular homeowner’s insurance may well decline to provide any coverage in the event of a claim.
Bruce