Trying to have wine shipped can cause a headache
Published in the Asbury Park Press 12/04/02
THE ASSOCIATED PRESS
In the age of the Internet, consumers are used to getting almost anything they want shipped to them: clothes, flowers, books, even steaks.
But not everything.
Wine lovers, for example, run into state laws that sometimes stymie them from getting their favorite pinot noir shipped to them from California or some other state.
All states have laws to control the sale and shipment of alcohol. The wholesale industry argues they are necessary to ensure the states can collect alcohol taxes and prevent the shipment of booze directly to minors.
In recent years, however, the wine industry has convinced some states to make exceptions for wine, arguing that minors aren't likely to try ordering fine merlots or chardonnays to get a buzz.
What has resulted is a confusing array of state rules and regulations that has left wineries and wine lovers often befuddled.
Thirteen states now have "reciprocal" agreements that allow residents in one state to order wine from another state, so long as that state allows the same.
Fourteen states and Washington, D.C., allow wine shipments, but under tight limits or restrictions. Many of the rules are so cumbersome, confusing or ambiguous that critics say wineries and even shipping companies like United Parcel Service won't ship to those states. Alaska, for instance, allows the direct shipment of a "reasonable" amount of wine, but never defines reasonable.
In New Jersey, consumers who visit out of state wineries can only bring back up to a gallon of wine, said David N. Bregenzer, counsel to the director of the state division of Alcoholic Beverage Control.
Otherwise, consumers need a transportation permit and must prove that state excise taxes are paid. So they would have to know how much they are bringing back in advance, Bregenzer said.
And they can't order wine via mail order or over the Internet from out of state wineries either, he said.
Mandated by law for decades, consumers can only buy wine and spirits from state-licensed retailers who in turn must purchase their supplies from licensed wholesalers, he said.
To have his favorite wine shipped directly from a California winery, Montanan Gerard Lemieux wanted to make sure he did everything legally.
Montana regulators said he had to buy a special state permit -- a "connoisseur's license" -- to have wine shipped directly to his home. Lemieux never claimed to be a connoisseur, but he shrugged it off and paid the $50.
Then the state said he would need to keep track of every purchase, give special shipping labels to the wineries and more paperwork to regulators and send semiannual tax filings to the state. He also would be responsible for ensuring shippers and wineries knew why it was all necessary.
He did it all. But in the end, it was such a hassle that Lemieux gave up. Next time he wants a few bottles from his favorite winery, he's driving to Napa Valley, filling the trunk of his car and hauling it back himself.
"There's nothing saying we can't do that," said Lemieux, a retired United Parcel Service worker.
Wholesalers have resisted any move to exempt wine from state alcohol rules.
"The argument is that fine wines are not alcohol, but if you start opening the door, everything flows through," said Craig Wolf, an attorney for the Washington, D.C.-based Wine and Spirits Wholesalers of America.
For wineries, though, the myriad rules mean anytime a resident of another state places an order -- whether by phone, mail or through the Internet -- the winery is supposed to make sure shipping there is legal.
"We see this really as a matter of fairness for consumers," says Steve Gross, state relations manager for the Wine Institute, a California-based trade group. "It seems unfair that a consumer from one state can have wine shipped to his home to enjoy and a consumer from another state is told, 'Sorry, we're not allowed to ship to you because of where you live.'"
New Jersey wineries can send their products out of state if that state allows it, Bregenzer said.