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December 3, 2008
Michigan House of Representatives passes bill to eliminate direct retailer-to-consumer delivery of alcohol
By a 97-9 vote, the Michigan House passed and sent to the Michigan Senate a bill that would eliminate current law that allows retailers to deliver alcohol directly to consumers. The bill is in response to a recent federal court ruling which struck down the provision in Michigan law allowing for the delivery of such product by in-state retailers, while at the same time prohibiting the same transaction by out-of-state retailers. The federal ruling would have required the state to allow delivery to consumers by both in-state and out-of-state retailers. This bill, instead, prohibits such a transaction by any retailer.
» Read more about the bill and track its progress here
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November 6, 2008
State Capitol, Lansing, Michigan
SB 1595 introduced in Michigan House of Representatives
LANSING - Today, SB 1595 was introduced by State Senator Jason Allen (R - Traverse City) and was referred to the Senate Comittee on Economic Development and Regulatory Reform.
This bill would allow for small distillers to operate off-site tasting rooms that would also allow product to be offered for sale.
» Read more about the bill and track its progress here
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July 23, 2008
State Capitol, Lansing, Michigan
HB 6306 introduced in Michigan House of Representatives
LANSING - Today, HB 6306 was introduced by State Representative Rebekah Warren (D - Ann Arbor) and was referred to the House Comittee on Regulatory Reform.
This bill would create a "Class W" lincese to allow the license holder to provide limited samples and to sell beer and wine both on and off premises. This license cannot be held in conjunction with any other license.
» Learn more about HB 6306
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September 8, 2005
Leelanau Enterprise
McManus: Wine bill hurts Leelanau
A wine bill that barreled through the state House last week may get corked in the state Senate, according to Sen. Michelle McManus (R-Lake Leelanau).
McManus said that she has been given the go-ahead by Senate majority leader Ken Sikkema to eliminate key elements of the bill that, should they be enacted, would severely hamper Leelanau County's youthful winery industry.
» Read the rest of the story from the Leelanau Enterprise |
August 15, 2005
Crain's Detroit
Letters to the Editor
Direct wine sales no threat
"I found the letter from the president of the Food Dealers of Michigan ("Internet wine sales hurt state," Aug. 1), regarding out-of-state alcohol sales to be troubling... For someone in this position to expect our lawmakers to protect us from out-of-state competitors is sad."
» Read this and other letters in Crain's Detroit |
August 14, 2005
Detroit News
Wine delivery issue still unsettled
"Will Michigan ban all wine shipments or allow a couple dozen cases to be shipped to individual residents each year?
That question remains unsettled in the wake of a May U.S. Supreme Court ruling that said states can allow or prohibit home deliveries of wine, but they must treat in-state and out-of-state wineries the same. As it stands, in-state wineries are shipping their product to state residents, out-of-state wine producers and distributors are not..."
» Read the rest of the story from the Detroit News |
August 10, 2005
Lansing Jackson Business Review
Whither the vine? Proposed law banning wine sales by mail has fervently fermented opinions
A high-tech line of business services is waiting to get a piece of Michigan's burgeoning wine industry - if state lawmakers allow it.
Businesses specializing in identification verification services have been springing up around the country as more products - especially those heavily regulated by government - are sold on the Internet.
» Read the rest of the story from the Lansing Jackson Business Review
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July 28, 2005
WineMichigan News Release
Thousands of MI Retailers Cited for Selling Alcohol to Minors Over Years -- Not One MI Winery Cited for Shipping Wine to Minor in 30 Years
In response to an announcement this morning by Sheriff Gene Wriggelsworth and State Rep. Rick Jones that they allowed a minor to illegally purchase liquor over the Internet from several out-of-state liquor companies, Wine Michigan, which represents Michigan's 42 wineries and 100 vineyard growers, issued the following statement:
"In over 30 years, not one Michigan winery has been cited for selling wine to a minor while hundreds of retail establishments in every corner of the state are cited every day for selling liquor to minors," said John Truscott, spokesperson for Wine Michigan. "If the goal of this legislation is truly to keep alcohol out of the hands of minors, state lawmakers should be instead calling on law enforcement to put their time and resources into training and educating Michigan retailers, not going after Michigan wineries."
» Read the rest of the news release  |
June 23, 2005
WineMichigan News Release
Michigan Wineries Say Bill to Ban Wine Shipments Is Sour Grapes
Michigan's 42 wineries say they would be devastated and many would be forced to close if a bill in the State Senate passes. The measure would deal a major blow also to Michigan consumers by eliminate their ability to order wine from a winery - reversing a business practice that has been in place in Michigan for 35 years.
Legislation introduced in the Michigan Legislature by Rep. Chris Ward (R-Brighton) & Sen. Bob Emerson (D-Flint) would make it illegal for a winery - including Michigan wineries - to ship directly to their customers.
» Read the rest of the news release  |
Thursday, June 23, 2005
Detroit News
Michigan House bill threatens future of state's wineries
There's only one thing on the lips of Michigan winemakers this week, and it isn't Riesling. It's House bill 4959, introduced by Rep. Chris Ward (R-Brighton) and 57 other lawmakers to comply, in a perverse way, with the recent U.S. Supreme Court ruling...
Lawyer Michael Brenton has scrutinized the wording of House bill 4959 and calls it "abusive." "The wholesalers have cleverly crafted a bill which prevents the wineries from distributing their own wines at wholesale, restricts winemakers from selling their own wines at retail (tasting rooms sell to the consumer at retail) and restricts a retailer (i.e. tasting room) from also being a winemaker."
» Read the rest of the story from Sandra Silfven of the Detroit News |
Monday, June 20, 2005
Crain's Detroit Business
House, Senate take up wine shipments
Identical state House and Senate bills introduced last week would ban all direct shipments by Michigan wineries to individual consumers and retailers... House Bill 4959, sponsored by Chris Ward, R-Brighton, and Senate Bill 600, sponsored by Bob Emerson, D-Flint, respond to a May U.S. Supreme Court ruling...
Sen. Michelle McManus, R-Lake Leelanau, said in a news release that the ban would "cut our wineries off at the knees." She said Michigan can regulate shipments without such a measure. "We must remember that Michigan wineries have been allowed to ship their products directly to consumers for more than 30 years, and it has not resulted in dramatic increases in underage drinking."
» Read the rest of the story from Crain's |
May 24, 2005
AP New York
Pataki moves to allow wine shipments
Wine drinkers in New York could see lower costs for a bottle of California cabernet sauvignon while New York vintners could see higher profits with new markets opening under a proposal made Tuesday by Gov. George Pataki. Pataki on Tuesday introduced a bill to allow the direct shipment of wine in and out of state. That would give New York consumers more options and create new business for New York wines, he said...
» Read the rest of the story from AP New York
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Sunday May 22, 2005
Observer & Eccentric Newspapers
WINE LOVERS GRATEFUL FOR COURT DECISION, BUT WHAT DOES THE STATE HOLD IN STORE?
Although we are pleased with the U.S. Supreme Court's opinion, we are alarmed, and you should be too, that Nida Samona, head of the Michigan Liquor Control Commission (MLCC) has been reported in news media, including the New York Times as stating she "would urge the state's Legislature to prohibit all direct sales." Ms. Samona also said she viewed such a measure as the best way to police sales to minors.
» Read the rest of this editorial
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Thursday May 19, 2005
The Detroit News
Michigan wineries hope for fair hearing on shipping ruling
Michigan vintners are reacting with caution to Monday's U.S. Supreme Court ruling overturning Michigan and New York laws that banned out-of-state wineries from shipping bottles directly to consumers in those states....
In a sad turn of events, and threatening to take the wind out of the $75-million wine agri-tourism business in Michigan, the chairman of the Michigan Liquor Control Commission said she would fix the whole shipping issue by asking the Legislature to stop allowing Michigan wineries to ship within the state...
» Read the rest of the story from The Detroit News
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Tuesday May 17, 2005
Traverse City Record-Eagle
Vintners laud Supreme Court shipping ruling: Decision strikes down Michigan, New York laws
TRAVERSE CITY - Area winemakers are toasting a Supreme Court decision that strikes down a state law prohibiting wineries in other states from direct shipments of their products into Michigan.
Local vintners are happy with the ruling because they want to be able to ship their wine to customers in other states - but are concerned with how state lawmakers might react to the decision.
"We won a really big victory here ... but we haven't won the war," said Ed O'Keefe Sr., founder of Chateau Grand Traverse in Peninsula Township. "Now the battle begins."
» Read the rest of the story from the Record-Eagle
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Monday May 16, 2005 8:17 PM
WineAmerica News Brief
Supreme Court Finds State Direct Shipment Regimes Unconstitutional
Today, in a 5-4 decision, the Supreme Court ruled that it is a violation of the Commerce Clause for a state to allow local wineries to ship but prohibit out-of-state wineries from doing the same.
The decision, written for the majority by Justice Kennedy (who was joined by Justices Scalia, Souter, Ginsburg and Breyer), found that, notwithstanding the 21st Amendment, the shipment regimes of both Michigan and New York constituted impermissible discrimination under the Commerce Clause: "Both States' laws discriminate against interstate commerce in violation of the Commerce Clause, and that discrimination is neither authorized nor permitted by the Twenty-first Amendment."
» Story Continues
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Monday May 16, 2005 7:03 PM
NewsFactor Technology News
Web Is Make or Break for Vintners
The Supreme Court's 5-4 decision Monday to strike down laws in Michigan and New York that ban interstate sales of wine can be considered a testament to the power of the Internet.
At the center of the controversy, according to those against opening up the market, is whether Internet sales allow minors easy access to alcohol.
But small wineries say the real issue is the potential of a level playing field brought on by the Internet.
The prohibition of sales across the borders of many states has prevented many family vintners from building online business-to-consumer businesses. The ban also limited the competition faced by wholesalers and distributors who control sales channels and favor national brands.
Though the ruling is seen by some as a victory for California wine makers, it might be the first nail in the coffin for an open market within states like Michigan...
» Read the rest of the story from NewsFactor
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Monday May 16, 2005 3:31 PM
Guardian Unlimited
Court Strikes Down Ban on Wine Shipments
WASHINGTON (AP) - Wine lovers may buy directly from out-of-state vineyards, the Supreme Court ruled Monday, striking down laws banning a practice that has flourished because of the Internet and growing popularity of winery tours.
The 5-4 decision strikes down laws in New York and Michigan that make it a crime to buy wine directly from vineyards in another state. In all, 24 states have laws that bar interstate shipments...
The state bans are discriminatory and anti-competitive, the court said.
"States have broad power to regulate liquor," Justice Anthony Kennedy wrote for the majority. "This power, however, does not allow states to ban, or severely limit, the direct shipment of out-of-state wine while simultaneously authorizing direct shipment by in-state producers."
"If a state chooses to allow direct shipments of wine, it must do so on evenhanded terms," he wrote...
» Read the rest of the story from the Guardian Unlimited (new window)
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