Quantcast

Tag Archives: three-tier system

Winebits 340: When you think three-tier can’t get any more foolish, it does

winenews
three-tier system

How does anyone make sense of these three-tier decisions without a crate of aspirin?

The Wine Curmudgeon always underestimates the silliness of the three-tier system — which governs alcohol sales in the U.S. — even though I have been writing about it for 20 years:

Only in Texas: What happens if you open a chain of liquor stores in the Lone Star State and run it successfully? You get sued — by other retailers who claim you’re violating state law. Like most three-tier stories, it’s terribly confusing, but the gist is this: Texas law says only state residents (for at least a year) can get a retail license to sell booze, but the law hasn’t been enforced in more than two decades. Total Wine, a Maryland chain that has opened six stores in the state, is being sued by the trade group that represents Texas liquor stores because Total isn’t a state resident. The trade group says that a recent Missouri case validated the residency requirement that Texas hasn’t enforced, and wants Total’s license revoked. Yes, I know, it makes my head hurt, too.

Cold beer? How dare you? A federal judge had told Indiana convenience stores and supermarkets that they can sell warm beer and cold wine, but not cold beer, reports Supermarket News — even though liquor stores can sell cold beer. His logic? That the state would have a more difficult time preventing beer sales to minors if c-stores and supermarkets sold cold beer. Apparently, minors don’t try to buy cold wine or warm beer at gas stations by asking their friend who works there to ring it up as motor oil. Still, before we start making too much fun of the judge, know this: His logic makes perfect sense given the legal underpinnings of the three-tier system, which allows each state to regulate liquor sales as it sees fit. If Indiana law says everything possible must be done to prevent underage drinking, and the state insists that grocery store cold beer sales will make this difficult, then the judge didn’t have much choice.

Beer at Oktoberfest? Not in Utah: The Wine Curmudgeon has a soft spot in his heart for Utah’s liquor laws, because they have managed to retain their 19th-century Victorian charm in the 21st century. The latest? That the state’s liquor cops require an event be for “the common good” before they will grant a permit to sell alcohol for something like a festival or concert. And, since the Snowbird Ski Resort near Salt Lake City couldn’t demonstrate that its annual Oktoberfest was for the common good, it didn’t get a license to sell beer or wine. That the idea of “common good” — whatever that is — is not part of state law, but from rules written by the liquor cops, only makes this decision that much more charming.

Winebits 329: Legal affairs edition

winenews

Winebits 329: Legal affairs editionBecause the Wine Curmudgeon is always amused by the legal side of the wine business:

Blame it on Utah: The Wine Curmudgeon has first-hand experience with Utah’s liquor laws, thanks to a story I wrote about the 2002 Winter Olympics in Salt Lake City. But not even I was ready for this excellent piece of reporting by Nancy Lofholm in The Denver Post. How about eight different liquor licenses? Or that some establishments have to have a barrier between customers and the bartender, and that others don’t — even if they have the same license? But don’t worry too much. Says one Utah tourism official: “We are not the only state with peculiar liquor laws.”

Scores don’t matter: Or, did a New York judge tell a wine drinker that a high score can’t be the basis for suing about wine quality? There are many ways to interpret the decision, in which a Manhattan judge dismissed a lawsuit (requires free registration) in which a consumer wanted a refund from a wine store because he didn’t like the six bottles of 91-point wine he bought. The judge wrote that wine taste is subjective, and so can’t be the basis for a lawsuit. I know the wine in question, a decent enough bottle of Rioja, but one that’s probably not worth the $12.99 the consumer paid. Damn those scores anyway.

Questioning three-tier? Or so says this post from the Libation Law blog, analyzing a New Jersey court decision that said “New Jersey’s liquor control laws and regulations must be administered in the light of changing conditions.” Which, of course, is what those of us who want to reform the three-tier system have been saying for years: That a system put in place at the end of Prohibition to keep the mob out of liquor has outlived its reason for being. The decision, which dealt with distributors and how they paid commission, is esoteric, but Ashley Brandt at Libation is optimistic that it “strengthens the argument that a vigilant regulatory system can uncover and prohibit the practices that people claim the three-tiered system was meant to forestall.” The Wine Curmudgeon, with his vast legal experience (a semester of First Amendment law in college) isn’t quite so sure, but who am I to ruin a good mood?

Winebits 327: Pennsylvania, wine prices, women winemakers

winenews

Winebits 327: Pennsylvania, wine prices, women winemakersThe wine notes that usually appear on Tuesday are posting today because tomorrow is April 1 — and that’s time for the blog’s annual April Fools’ Day post.

More screwed up than ever: Pennsylvania has been trying to reform its horribly messed up state store system — where the state owns the liquor stores — since as long as I have been writing the blog. Nothing has been done, despite widespread political and consumer support, and the latest proposal shows just how corrupt the system is. Supermarkets would be able to sell wine under the proposed law, but only four bottles per customer per visit. Nevertheless, a spirits trade group immediately denounced the plan, claiming that those four bottles would give the wine business an unfair advantage, since spirit sales would still be limited to state stores. It’s almost impossible to understand what’s going on here, other than to note that this is just another example of the many failings of the three-tier system.

Britain’s wine pricing: Jamie Goode at the Wine Anorak has an excellent account of the wine pricing controversy in Britain, where most retailers substantially discount wine. And then don’t. And then discount it again. This must seem odd to those of us in the U.S., where discounting is accepted as a normal part of doing business, and where savvy consumers are eager to buy wine when it’s on sale. But British consumer advocates see this as nefarious — “[T]hese fake promotions are bad for wine, and a bad deal for customers, and I won’t stop talking about them until supermarkets do the right thing and stop them,” writes Goode — and have spent the past couple of years fighting the biggest retailers over the practice.

You’ve come a long way, baby: Jordan Salcito at The Daily Beast has discovered that women have broken through the glass ceiling and are now important winemakers. I’ll try not to be too cranky about this, but Salcito is about a decade late with this revelation. I wrote the same story for the American Airlines in-flight magazine in 2006, quoting many of the same women she quotes in her story. She also focuses on celebrity women winemakers, and misses the more important change, that Big Wine did most of the glass ceiling work, hiring women where they had never been hired before. Barefoot’s Jennifer Wall is responsible for 13 million cases of wine a year, which may make her the most important woman winemaker in the business. And her boss is Gina Gallo, whose company makes 80 million cases a year. Also, if Salcito doesn’t mind some writing advice, never, ever use a phrase like “pushing the envelope.” I expect more from the Beast.

Powered by WordPress | Designed by: suv | Thanks to toyota suv, infiniti suv and lexus suv