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For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 11:56 am
by Roy Hersh
http://ny.eater.com/2015/11/23/9788774/ ... s-rule-nyc - An article of how NY's SLA may blow up some of the best wine lists in the city's top restaurants.
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 1:34 pm
by Glenn E.
That's pretty bizarre. How is that even Constitutional? It's my property, I can sell it whenever I want. Or at least that's what you'd think.
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 3:06 pm
by John M.
Glenn E. wrote:That's pretty bizarre. How is that even Constitutional? It's my property, I can sell it whenever I want. Or at least that's what you'd think.
+1....
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 3:26 pm
by Brian C.
I"d think the current inventory that was purchased this way would have to be grandfathered in. Is that not the case here?
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 3:48 pm
by Eric Menchen
Glenn E. wrote:That's pretty bizarre. How is that even Constitutional? It's my property, I can sell it whenever I want. Or at least that's what you'd think.
The Constitution gave the states the power to regulate alcohol as they see fit. Leaving that power to the states was key in getting Prohibition repealed. From the 21st:
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 5:32 pm
by Glenn E.
Eric Menchen wrote:Glenn E. wrote:That's pretty bizarre. How is that even Constitutional? It's my property, I can sell it whenever I want. Or at least that's what you'd think.
The Constitution gave the states the power to regulate alcohol as they see fit. Leaving that power to the states was key in getting Prohibition repealed. From the 21st:
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Yeah but that's different than saying "it's okay for you to own it, and for you to buy it, and for you to drink it, but if you buy it you cannot sell it again for 2 years."
As long as I have the right to buy it and sell it, it seems
really strange that the states can force you to hold onto it for some arbitrary amount of time.
How is this NY law going to cover weird cases? What if I buy alcohol in another state, then bring it back with me into NY? Does the "waiting period" begin when I bring it into NY? The purchase was elsewhere, so the NY law doesn't apply at the time of purchase. What if I buy alcohol in NY but live in WA and then want to sell it to a friend in NY? Or a friend in WA? What if I buy 2 cases of the same wine in NY, but 2 years apart. Do I have to keep track of which bottles are which for resale purposes? There are so many weird corner cases that this has to cover... I just can't imagine that they've thought them all through.
Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 8:27 pm
by Bradley Bogdan
The article is totally correct that this is a purely self interest driven proposal to benefit the Southerns of the distributing world. I'm disappointed that a state that really has done a ton to revamp their alcohol production and distribution laws to be more friendly to wineries, cider makers, Brewers and distillers would consider this a step forward.
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Re: For friends of the NYC dining scene: now this!
Posted: Thu Dec 10, 2015 9:21 pm
by Eric Menchen
Well, if you buy alcohol in another state, you can only bring in one quart a month to New York without paying a NY excise tax ... And since you have to have your original purchase receipt, I presume the waiting period is from when you purchase it, no matter where. You probably can't sell your wine to a friend in NY anyway.
I do think this proposal is rediculous, by the way.
Re: For friends of the NYC dining scene: now this!
Posted: Tue Dec 15, 2015 9:33 am
by Moses Botbol
Glenn E. wrote:That's pretty bizarre. How is that even Constitutional? It's my property, I can sell it whenever I want. Or at least that's what you'd think.
How is it not constitutional? This is exactly what I would expect NY to do. The political establishment in NY is crazy IMO, but that what the voters want and got.
Re: For friends of the NYC dining scene: now this!
Posted: Wed Dec 30, 2015 1:00 pm
by Lindsay E.
This whole issue pisses me off. I'm sick of the big distributors strong arming regulations in their favor that diminish my choices as a consumer. While we're on this subject, some part of me also wishes that the federal government would regulate the taxation on alcohol even if that mean that they adopt the tax structure of the state with the highest alcohol taxes so that EVERYONE has to pay the same price. Actually, that's a dumb idea for my wallet, I don't know what I'm saying. I guess I really just want to complain that I'm bothered by the fact that wine wholesale prices in Washington are no better than discount retail prices in CA and OR.