ILLEGAL WINE TASTING PARTIES: DOES IT SPELL GRANHOLM DISCRIMINATION IN MINNESOTA?
Minnesota law-enforcers are cracking down on illegal wine tasting parties hosted by a Massachusetts company called The Traveling Vineyard. The company – the marketing arm of Geerlings and Wade – is accused of selling liquor in Minnesota without a license. Advertised as “wine adventures in your home,” The Traveling Vineyard delivers wine to residents for wine tasting parties in many states, not just Minnesota.
They first send the shipments to a liquor store – apparently to make things appear legal – and the liquor store then delivers the shipment via UPS to the customer. Much like a Tupperware party, hosts get a discount based on how much wine is sold at their event. Sounds like a pretty sweet deal, however, it’s completely illegal to sell wine out of your home without a license.
The company has reportedly racked up about $1 million in Minnesota over the past two years, and was charged with a gross misdemeanor of selling liquor without a license on Wednesday (July 12). Geerlings & Wade, which markets the wine parties through The Traveling Vineyard, was also charged with a misdemeanor involving pricing.
“You can't have a wine party where an unlicensed supplier of wine provides free wine in return for a sales opportunity. And since the state apparently told other retailers they couldn't do their own wine parties, although they are licensed in the state, it's not a Granholm discrimination,” said Drew Jaglom of Tannenbaum Helpern Syracuse & Hirschtritt.
“I suspect this one will stand up. If the 21st Amendment means anything at all, then it does allow a state to regulate when and where consumers can buy alcoholic beverages, so long as the same rules apply to all.”
They first send the shipments to a liquor store – apparently to make things appear legal – and the liquor store then delivers the shipment via UPS to the customer. Much like a Tupperware party, hosts get a discount based on how much wine is sold at their event. Sounds like a pretty sweet deal, however, it’s completely illegal to sell wine out of your home without a license.
The company has reportedly racked up about $1 million in Minnesota over the past two years, and was charged with a gross misdemeanor of selling liquor without a license on Wednesday (July 12). Geerlings & Wade, which markets the wine parties through The Traveling Vineyard, was also charged with a misdemeanor involving pricing.
“You can't have a wine party where an unlicensed supplier of wine provides free wine in return for a sales opportunity. And since the state apparently told other retailers they couldn't do their own wine parties, although they are licensed in the state, it's not a Granholm discrimination,” said Drew Jaglom of Tannenbaum Helpern Syracuse & Hirschtritt.
“I suspect this one will stand up. If the 21st Amendment means anything at all, then it does allow a state to regulate when and where consumers can buy alcoholic beverages, so long as the same rules apply to all.”
posted at 9:24 AM
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