Question about interstate shipping rules

Discussion in 'Beer Talk' started by Thirstygoat, May 2, 2015.

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  1. Thirstygoat

    Thirstygoat Initiate (0) Nov 22, 2012 Illinois
    Trader

    I'm not positive which forum this fits on but it is an issue that perplexes me. ( I know applying logic to alcohol regulation can be a fool's errand.)

    Here is what I know:
    1) Some states outright bar any retailers from shipping out of state. I get that.
    2) Some states outright bar any alcohol shipments into their state. Again, perhaps frustrating, but an easy rule to apply.
    3) Some states permit shipments into their state( e.g. Illinois), but retailers in some of states that allow shipping out indicate that they are unable to ship to that state.

    To be more specific I have it on very good information that retail liquor stores that sell online in at least five states in three different time zones will ship into Illinois ( with 21+ signature required ....) In other words local law appears not to bar shipping in?

    And stores with online sites in at least two states ( Wyoming and Connecticut) indicate that they ship out of their state. In other words their local law does not bar shipping out? But they will not ship to at least one of the states that "permit" shipping in.

    Hence my consternation. Any clarification would be appreciated.
     
  2. pagriley

    pagriley Pooh-Bah (2,382) Oct 27, 2014 Illinois
    Pooh-Bah Trader

    As a wine person long before I got into beer, I have wondered the same thing myself. Big states (like CA to IL as you mention) seem to have no issues, but smaller states or more regulated states do.

    The best I have understood it is that certain states have agreements with other states to permit the sale and shipment of alcohol, but because it is state by state, some don't have everything in place and the retailers can't ship to you.

    Also, I think part of it is that certain states require you to have a license to ship alcohol into their state, so if the license is expensive or a pain to maintain retailers don't bother with all states.

    Edit: found this interesting article
    http://winefolly.com/update/whats-deal-wine-shipping-laws/

    It would appear that the simple act of shipping through the state of Utah creates problems - if your order is on a truck driving across Utah, the driver is committing a felony... This article is actually a fun (and ridiculous) read! Looking at a map, this makes a lot of sense - shipping around Utah must be expensive / difficult, and bonded shipping is expensive.
     
    #2 pagriley, May 2, 2015
    Last edited: May 2, 2015
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  3. JakerLou

    JakerLou Pooh-Bah (2,016) Jan 6, 2013 New Hampshire
    Pooh-Bah

    I feel your frustration. I can offer this as a partial explanation on why some retailers who can ship to states that allow delivery don't.

    I think the rules can get pretty complex. As an example. I live in NH and they do allow beer to be shipped to residents from out-of-state shops. But the shops have to get a license (aka pay the fees) from the state of NH, they have to collect the NH state tax on the beer being delivered and pay the NH government that tax on a quarterly basis. I might not have the rules exactly right but that is the gist of them. Meaning it sounds like a huge f*cking hassle for the out-of-state shops to comply with all the rules and pay all the licensing fees. I'm guessing many states that allow beer to be shipped in have similar laws/rules.
     
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  4. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    You probably won't find any consistent rule. The rules, as you recognize, vary from state to state. For example, the PA law is a bit ambiguous so some shippers will and some won't. Near as I can figure they can ship it to me, but once I take possession I'm breaking the laws about possession of untaxed beverages. Some places won't gamble on that though and don't ship to PA.

    So the best you can do is find out what Illinois allows and then rely on the shipper to know what their home state does or does not allow. Also you can't use rules/laws for wine to extend to beer. In almost every state, the state laws that govern wine differ from the laws that govern beer. So there doesn't seem to be any consistency, except in states where its all illegal... :slight_smile:

    Correction: One pretty consistent thing at both state and federal levels is that you have to have proper licenses to sell alcoholic beverages. Another consistent thing (at this time) is you can't legally use the USPS to ship alcohol anywhere.
     
    #4 drtth, May 2, 2015
    Last edited: May 2, 2015
  5. rgordon

    rgordon Pooh-Bah (2,701) Apr 26, 2012 North Carolina
    Pooh-Bah

    Retail shipments are sometimes tenuous. But as for samples and trading, the US Mail, Fedex, and UPS seem wide open. I recently successfully shipped some "BBQ sauce" northward.
     
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