Wine flows in Texas, including the dry counties ...

[Bucko]

News from Wine Institute:

May 10, 2005

TEXAS GOVERNOR SIGNS BILL OPENING ENTIRE STATE

TO DIRECT-to-consumer WINE SHIPPING

SAN FRANCISCO -- Texas Governor Rick Perry yesterday signed SB 877, a bill authored by State Senator Frank Madla (D-San Antonio), which opens Texas by declaring the entire state "wet" for wine shipments. In late 2003, the Texas ABC declared that the state was "open" for direct shipments but ruled that all wineries must comply with existing wet/dry rules. This compliance requirement, since it could not be delineated based on zip codes or other standard geographic boundaries, had stymied the efforts of wineries to ship to Texas consumers. SB 877 solves this problem by declaring the entire state "wet" for wine shipments.

“We applaud Governor Perry, Senator Madla and the entire Texas legislature for addressing this problem and opening up the great state of Texas to the legal, regulated direct shipping of wine to consumers,” said Robert P. Koch, President and CEO of the Wine Institute. “Declaring the entire state of Texas “wet” for wine shipments is a strong signal of support for the local Texas wine industry and for consumer choice.”

The bill was passed overwhelmingly by the Senate in March and passed unanimously by the House last week. Wineries that obtain both a $75 annual Out-Of-State Wine Shipper’s Permit and a Texas sales tax permit will be able to ship up to three gallons per month to any individual in the state, and must pay Texas state sales and excise taxes. The state TABC has 90 days to prepare the required forms and formalize regulations, but they have stated that wineries may begin shipping wine immediately, and will not be required to have the licenses and comply with reporting requirements until they are available within 90 days.

Wine Institute is the public policy advocacy group for 839 California wineries and affiliated businesses that account for 85 percent of U.S. wine production. Since 1985, the organization has worked on legislative and regulatory solutions for direct-to-consumer wine shipping.

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[hotwine]

Three gallons.... about 2 1/2 cases, no? And looks like they've dropped the earlier proposed requirement to ship to a retailer, who was to collect a "processing fee" of $3 per order. Maybe we're finally making progress.

[Thomas]

Good news, but what's with the 3 gallon a month limit? Even after they get seduced legislators can't seem to go all the way...

One case of wine equals 2.38 gallons.

[This message has been edited by foodie (edited 05-10-2005).]

[Kcwhippet]

A case of wine a month from each winery times how many wineries ... I would think that's plenty, Foodie. That is unless you're Winoweenie. Good thing he lives in Arizona, not Texas.

[Thraz]

Can out-of-state retailers ship to TX, or just wineries?

How about in-state retailers?

[This message has been edited by Thraz (edited 05-10-2005).]

[hotwine]

I haven't seen the legislation, but assume permission to ship will pertain to anyone.

But keep in mind that the Supremes haven't been heard from yet. They're deciding the very narrow issue of state control of interstate vs intrastate shipment, reviewing rulings in which intrastate shipments enjoy relaxed control to the detriment of out-of-state shippers (at least, as I understand the case). A very simple solution would be to order no state laws be written that restrict interstate shipments more than the same state restricts intrastate shipments.... the same laws would be applied to both in-state and out-of-state shippers. That would be a weak-kneed solution, but an easy one, to punt the case on down the road.

[Thomas]

So KC: you're living in Texas, having a wedding, want to buy the wine from one place, want 2 cases of white and 2 red. That one place can't ship it to you unless you order it four months in advance and receive one case each month from them. Stupid legislative intrusion on a simple commercial transaction--but who says legislators have to be smart...

[hotwine]

Re: Foodster's equation .... looks like 3 gal = 15 bottles, or something like that. How stupid is that? Don't answer that. It's from the Texas Legislature, after all.

The last time I looked, it's still a felony in this state to carry wire cutters in your vehicle. (To foil rustlers, of course.)

[glenora]

Hey the camel has his nose under the tent!!

While far from perfect at least we can ship there!! I seriously doubt that many folks are ordering more that 15 bottles per month from a single producer on a regular basis--so the 3 gallon thing is not much of a limitation. I would like to have the same "restrictive legislation" enacted in several other states!

Weddings and large events--just ask your friends to place an order

[wondersofwine]

HW, my mother's father was a U.S. marshal in the 30's. He may have nabbed some of those cattle rustlers.

[winoweenie]

He nabbed my GranPa?WW [img]http://www.wines.com/ubb2/wink.gif[/img]

[hotwine]

I joke about it as past tense, but it's still a very real problem. Damned rustlers have been known to drive through a fence in the middle of the night, plug a steer and butcher it on the spot with a chain saw, taking only the hind quarters. Deserve nothing more than a short rope.

[TheEngineer]

I worked a lot in Richardson (North of Dallas) which was a dry town. I carried one of those blue cards that allowed me to order alcohol in restaurants....so the town really was not dry.....