Maryland HB-1260 Killed
The bill wasn’t even brought to a vote. What a complete shame. There is still a bill in the Senate but I am not optimistic. (edit: Senate side killed too. Someone much more informed than I told me that if a bill is killed on one side, the crossfiled version is also dead. So much for that.)
Baltimore Sun coverage here.
The headline “Panel corks bill on buying wine via Internet” is off by a bit. This is about wine shipping, not eCommerce.
Despite support from local Maryland Wineries and the Comptroller’s office, the suits in charge thought better of it.
“The ability to ship wine to a consumer is one of many methods provided by law in other states to encourage the growth and prosperity of small wineries,” said Maryland Wineries Association executive director Kevin M. Atticks in his written testimony. Maryland’s current laws are “frustrating for consumers and almost impossible to explain to customers,” he said.
The opposition is in the form of big, big money from the liquor distributors. Make no mistake about it, they spend millions to keep consenting adults from getting wine shipped to them. The distributors have control of the money and they’d like to keep it. Their argument is classic FUD (Fear, Uncertainly, and Doubt)
Bruce C. Bereano, a lobbyist representing the Licensed Beverage Distributors of Maryland, argued that [Sen. Jamie B.] Raskin’s bill would hurt Maryland wineries, reduce distribution-related jobs in the state, hamper tax collection and make it easier for minors to obtain alcohol.
What a joke.
In the meantime, I’ll continue to have my wine shipped to my friend in Washington DC, robbing Maryland of taxes and licensing fees.
March 13th, 2008 at 9:38 am
I just received this note from Delegate Carolyn Krysiak explaining why HB1260 did not pass.
Thank you for your correspondence. Let me explain why House Bill 1260 has failed to pass.
First, the Baltimore City Liquor Board or any other local board in the State would not have jurisdiction over, or the ability to revoke the license of, out-of-state retailers or wineries. We impose significant consequences upon in-State retailers who sell to minors, but would not have a similar ability to impose these same sanctions upon out of state retailers who ship wine to minors in Maryland. If we cannot closely control the activities of these shippers and discipline them in the same way we do in-State retailers, then it’s my view that we shouldn’t give them the same privileges.
Second, couriers that deliver wine across state lines cannot be properly regulated by the State. A recent Supreme Court decision made clear that whatever policies and procedures we put in place in Maryland to ensure that wine is not delivered to minors cannot be enforced, because they are pre-empted by federal law.
Finally, for wine connoisseurs who seek certain wines that are not currently carried by stores, there is already a way to do that. The wine can be shipped to a local retailer directly from the winery by obtaining a $10 permit from the Comptroller’s Office. While this does
not deliver the product to your doorstep, it still provides access to the wine at minimal inconvenience. And, most importantly, it does not open another means for minors to access alcohol.
I am hoping that we can work out a mechanism to handle these shipments better and in the future we can more fully satisfy your needs.
Delegate Carolyn Krysiak
Room 314 Lowe Office Building
Annapolis, MD 21401
410-841-3303
March 14th, 2008 at 4:49 am
Marc,
Thanks very much for that. I think I’ll just post it so everyone sees it.
Gary