"Rather than having all of it destroyed, Kratsa said, Goldman is open to having some sold and the proceeds donated to charity.
But that’s not allowed under state law, according to Renee Martin, a spokeswoman from the Attorney General’s Office. Unlike with other kinds of forfeitures, such as cars that can be donated to a nonprofit or diamonds that can be sold with the money supporting law enforcement agencies, there is only one option with alcohol: destroying it."
So, they can auction off a drug dealer’s Bentley but the evil wine must be destroyed…
Agreed. Sarcasm aside, it isn’t funny to the guy it happened to. As stupid as the law is, the guy appears to have broken it. Even if it was only selling at cost and in small quantities. Listing his entire collection for sale in an email didn’t help his case, and appears to be the state’s justification for seizing his entire cellar. I bet this cost him plenty in legal fees to boot. If there’s any good news here, it’s that the personal consequences weren’t worse.
The logical solution is to change the law and disband the PLCB. Efforts to eliminate the PLCB are routinely and quickly defeated for political purposes, so Pennsylvanians are apparently stuck with this situation. If I lived there, I wouldn’t sell a single bottle of wine to anyone I didn’t know personally. And I wouldn’t send email lists or post things for sale on a public board.
Well, if your livelihood depends on the buying and selling of wine, it’s definitely not for you. Otherwise, some manage to enjoy PAs qualities.
This case involved a lawyer who ran a bootleg high-end wine retail business. Most of his clients were a group of 30+ regulars. He was caught because a PLCB agent contacted him about buying wines directly, and he obliged. The lawyer provided a very long list of wines for sale…pretty much every one of his 1000+ cellared bottles. I’d expect this unregulated home-spun retail operation would be considered illegal in Illinois as well as most States in the US.
If PA and PLCB went totally gestapo, they’d go after the illegal purchasers. That seems unlikely and unprofitable. They’ve made their case and set an example.
PLCB raided the cellar in the freezing cold (6F, I believe). They probably froze the wine first. It could very well have been cooked after that. What do you suggest? They can’t vouch for the wine’s integrity or origin. Should illegally acquired wine be distributed inside the State? Exported? Auctioned?
The lawyer was a dope. He got caught and let off easy. Losing the wine is probably the best message to send future micro-retailer wannabees.
We’re stuck. Life as a wine geek is fairly manageable, as long as you keep your head down and follow David’s advice. If you’re a “flipper”, it might be better to do it elsewhere.
I think the lawyer here was a rather isolated case. I certainly don’t condone his actions, and I’m not the least bit surprised about what happened to him. I do, however, believe PA’s state run liquor monopoly is the epitome of shady politics and crony capitalism.
Is there a revenue generating reason that PA has these prohibitive laws; seems like they could make more tax revenue with less restrictive laws allowing residents to purchase alcohol more freely. It sounds like a pretty bureaucratic state with all these fun police running around nailing people for BS.
But, it would have made more sense if this guy would have sent his cellar to auction; or, is that illegal in PA?
Yes. There’s a revenue reason. The math can be a little “fuzzy”, but they claim an annual net income exceeding $100 million.
Better revenue with free alcohol purchasing? Probably. This point has been argued six ways to Sunday…and will again.
Fun police running around? Yeah, you gotta avoid letting strangers in the house. They might install a hidden camera in your cellar.
I’ve seen charity wine auctions in PA, but never a regular “for profit” auction. Perhaps some PA attorneys have answers, however there’s a ton of grey in both liquor law interpretation and enforcement…as far as I can tell. I suppose most collectors auction their wines out-of-state.
As many have said upstream, it would be illegal elsewhere. I live in CA and the retail sales of wine requires a license. Nor, without a proper license can I ship. Even if I can ship, most states require that I have a license to ship to them, and, I must collect sales taxes and remit the collected taxes.