Indiana Shipping Legislation SB 0107

An Indiana State Senate committee unaimously passed this bill. Some of the provisions after a quick look by this non-lawyer:

1. Wineries must obtain a Direct Seller Permit (no mention of retailers)
2. Wineries must track and remit taxes.
3. I did not see a limit on the number of cases being sent to any one individual.
4. The winery cannot have an Indiana Wholesaler (protectionism at its best)
5. Post a Surety Bond.

Better than the felony law we have had until an appeals court judge ruled portions of the existing statutes unconstitutional. I really doubt it will change the shipping landscape here in any meaningful way should it be enacted effective July 1, 2008.

Thoughts anyone, especially winery/ITB folks?

Bill

An Indiana State Senate committee unaimously passed this bill. Some of the provisions after a quick look by this non-lawyer:

1. Wineries must obtain a Direct Seller Permit (no mention of retailers)
2. Wineries must track and remit taxes.
3. I did not see a limit on the number of cases being sent to any one individual.
4. The winery cannot have an Indiana Wholesaler (protectionism at its best)
5. Post a Surety Bond.

Better than the felony law we have had until an appeals court judge ruled portions of the existing statutes unconstitutional. I really doubt it will change the shipping landscape here in any meaningful way should it be enacted effective July 1, 2008.

Thoughts anyone, especially winery/ITB folks?

Bill

Point 4 is surely protectionist, but you could hardly expect any other outcome unless the legislature decides to eliminate the wholesalers (yeah, right!) This is probably the best we can hope for, Bill, but perhaps it's worthwhile to call your rep and ask them to include retailers in this bill (local retailers don't have the clout that the big distributors do).

Mark Lipton
("Where did I get all those shippers stacked in my cellar? Oh, from the move from CA in '90, officer!")

[David M. Bueker]

Pretty much the same as a lot of states. Connecticut has a similar law. That's why I can't get the Ridge ATP here - they have a CT wholesaler, so obviously I have no need for wines that are not part of their normal release program.

... perhaps it's worthwhile to call your rep and ask them to include retailers in this bill (local retailers don't have the clout that the big distributors do).

Mark Lipton
("Where did I get all those shippers stacked in my cellar? Oh, from the move from CA in '90, officer!")

Mark,
My state rep. is a tool. She has even suggested it would be best if I didn't call her....must have been somthin' Isaid???
Redwinger

Pretty much the same as a lot of states. Connecticut has a similar law. That's why I can't get the Ridge ATP here - they have a CT wholesaler, so obviously I have no need for wines that are not part of their normal release program.

David,
In Ct, do you find many/some of the wineries, especially the smaller ones, will ship to Connecticut? Or do they just say fugetaboutit given the hoops they must jump through?
'Winger

[David M. Bueker]

Pretty much the same as a lot of states. Connecticut has a similar law. That's why I can't get the Ridge ATP here - they have a CT wholesaler, so obviously I have no need for wines that are not part of their normal release program.

David,
In Ct, do you find many/some of the wineries, especially the smaller ones, will ship to Connecticut? Or do they just say fugetaboutit given the hoops they must jump through?
'Winger

I have had good luck. Some have taken longer than others, but so far it eventually happens.

Bear in mind that I don't mail order much stuff. I mostly buy French & German.