Roy Hersh wrote:I am no lawyer and always advise to stay within the law, but officer Andy knows legal and not, so I defer to his wisdom.
Work-around ... I can think of another way. Get the wine shipped to a friend in a neighboring legal state. Then have them ship to you. But you'd have to check whether even that is legal in MA or not.
Yep, I've done that before, had Single Malt shipped to NH or CT to a friends house. But then as Moses mentioned, NH is legal to ship to and some retailers still won't do it.
Mike K. wrote:NH is legal to ship to and some retailers still won't do it.
It may be a problem with permitting. Sometimes it's legal to ship but you're required to have a permit, so if the permit is obnoxious enough to obtain many retailers just don't bother. No idea whether or not that is the case in NH, though.
Glenn E. wrote:
It may be a problem with permitting. Sometimes it's legal to ship but you're required to have a permit, so if the permit is obnoxious enough to obtain many retailers just don't bother. No idea whether or not that is the case in NH, though.
From the experience of past buying ops, are there states where one cannot participate due to draconian wine shipping laws? I live in MA, where we appear to be on the fence. The laws seem to not allow direct inbound shipping, but the legislature looks interested in fixing it at some point.
Thanks, Mike
Rent a mailbox in a UPS store in New Hampshire or Rhode Island and ship it there. However, I think that Ohio stores will not ship to Rhode Island.
I suggest that this remain less talked about, as the importer is NOT at all familiar with shipping to consumers and I believe has no idea what is and what isn't legal. These types of offers fly way below the radar. So if kept quiet, even a place like MA may not be out of bounds. I am surmising all this, but again, the less said the better!
I usually have things shipped to family in Connecticut.
Having said that, there was a lawsuit brought to the State supreme court which basically legalized shipping wine to Massachusetts from all states. Some wineries, when I tell them this, are surprised (it's been a couple of years now), and I think now it's a matter of them applying for the license. But the former law that restricted shipping to MA is actually no longer.
Actually, now that you mention that Frank, I do remember that change of law and permissions. But the filing for the proper permit for each of the non-reciprocal states is a major hassle for retailers and importers etc. But as that is their business, (unless just a local B&M neighborhood type shop) most have to suck it up and eventually apply for each state in which they do have clientele.
On a separate note, the "buyer's op" was finalized earlier today and this evening the newsletter for subscribers only is in Stewart's hands and he will be sending it to all subscribers in the next 90 minutes. The email "non-subscriber" version won't go out until Stewart can find some spare time. He is exceptionally busy these days.
Frank Carrano wrote:I usually have things shipped to family in Connecticut.
Having said that, there was a lawsuit brought to the State supreme court which basically legalized shipping wine to Massachusetts from all states. Some wineries, when I tell them this, are surprised (it's been a couple of years now), and I think now it's a matter of them applying for the license. But the former law that restricted shipping to MA is actually no longer.
I am quite certain it is still illegal to ship to MA, to a private person. At least from what others who live there and post on other wine boards have said.
I would be most interested in the case, if you can point me to the actual case docket. Would love to read the decision.
I believe the deal is as follows. MA has a law where you cannot ship directly into the state to an individual (non licensed). But a winery in MA can ship to an individual in MA. The MA supreme court ruled several years ago that that is unfair and unconstitutional. However, the supreme court ruling does not automatically nullify the existing law. It just means that the legislature must repeal it. When they feel like getting around to it. Which they haven't yet. Likely because the distributors are lobbying heavily against it.
Well, I realize it was not perfect, nor was it my first option ... but given the quick turnaround, I hope you all felt that at least the prices were worthy for the buyer's op! Please don't get into specifics here.
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