As a result of this new authority, many states have considered and passed alcohol shipment bills.  States have taken several approaches to the regulation of interstate alcohol shipments including permitting direct shipment only from states that reciprocate by allowing similar shipment into such state, permitting shipment under limited circumstances, and prohibiting direct shipment entirely.  The following are samples of each regulatory approach.  

California

North Carolina

Florida

The direct shipment of alcoholic beverages to residents of Florida is a felony.  The Florida Legislature asserts that the direct shipment of alcoholic beverages to Florida residents poses a serious threat to the public health, safety, and welfare, to state revenue collections, and to the Florida economy.  The prohibition and penalties apply to both sellers and carriers.  Any person found to be violating the prohibition is issued a notice by certified mail.  Any person who violates the prohibition within two years after receiving a cease and desist order is charged with a third degree felony.  Florida provides an exception authorizing religious organizations to receive direct shipment of sacramental alcoholic beverages.   Fla. Stat. ch. 561.545.

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As these legislative debates heat up there are several lobbying groups attempting to influence the outcome. On one side are groups representing the growers who want to encourage Internet alcohol sales by limiting direct shipment regulation. On the other side are those who support the wholesalers who want to maintain their profit margin by encouraging direct shipment regulation. Finally, there are citizens and legislators who express concerns about tax revenues and protecting minors. The following are two major lobbying groups involved in the debate:

Wholesalers group

The orderly marketing of alcohol through the chain of distribution (most states mandate a licensed, three-tier system of distribution - supplier to wholesaler to retailer to prevent illegal trafficking, and market manipulation)

The efficient collection of applicable state and local excise taxes (in most states, wholesalers collect and remit such taxes)

Controlled access to prevent minors from obtaining alcohol (retailers engaged in face-to-face transactions are better able ensure minors do not purchase alcohol).

Illegal direct shippers bypass state alcohol control systems and the three-tier system to evade state and local excise taxes, and avoid regulatory scrutiny. In so doing, they deny states and localities excise and sales tax revenue, and provide minors with a new avenue for circumventing the law and illegally obtaining alcohol.

Wineries group:

Wineries’ Arguments…

Consumers are driving changes in how consumer products are bought and sold-- they want and expect to be able to purchase the wines they want in the manner of their choosing (e.g., via telephone, catalog and Internet).

Free the Grapes! supports augmenting, not replacing, the three-tier system with the controls and regulations necessary to respect local laws, to avoid underage access and to provide provisions to make tax payments. We think it's wrong that the distributors are telling consumers which wines they can and cannot enjoy.

Distributors are restricting consumer access and threatening winemakers because of greed.