A simple explanation of the limits of the three-tier system of wine distribution and how the courts may end up correcting the judges that have misunderstood its reach
Am I correct in my understanding that the 3-tier system dictates how retailers procure their wine? How consumers purchase their wine is outside of the system, and therefore not subject to its rules? If I drive out of state to buy wine and bring it back to my home state (which I believe is legal?), how is that different from the UPS man bringing me the out-of-state wine and saving me the trip? Thanks!
Sarah, you are correct. the TTS has been described in many ways, all the way up to encompassing the entirety of a state's alcohol regulatory system. However, in reality and even in the words of the Supreme Court, the TTS possesses two provisions: 1) producers, wholesalers and retailers are to be licensed separately and 2) retailers may only procure their inventory from in-state retailers and not directly from producers. How consumers procure the product falls outside the TTS. So, yes, your contention that bringing wine with you back to your home state is effectively identical to having it shipped to you from out-of-state via a common carrier.
Am I correct in my understanding that the 3-tier system dictates how retailers procure their wine? How consumers purchase their wine is outside of the system, and therefore not subject to its rules? If I drive out of state to buy wine and bring it back to my home state (which I believe is legal?), how is that different from the UPS man bringing me the out-of-state wine and saving me the trip? Thanks!
Sarah, you are correct. the TTS has been described in many ways, all the way up to encompassing the entirety of a state's alcohol regulatory system. However, in reality and even in the words of the Supreme Court, the TTS possesses two provisions: 1) producers, wholesalers and retailers are to be licensed separately and 2) retailers may only procure their inventory from in-state retailers and not directly from producers. How consumers procure the product falls outside the TTS. So, yes, your contention that bringing wine with you back to your home state is effectively identical to having it shipped to you from out-of-state via a common carrier.