Stores selling beer that isn't distributed to them...

Discussion in 'Beer Talk' started by HomeBrewed, Nov 8, 2013.

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  1. azorie

    azorie Pooh-Bah (2,471) Mar 18, 2006 Florida
    Pooh-Bah

    I wonder how many Westy bottles have been resold illegally? must be Like 10000 times or more since so many have said they had it and they never went though the beer line to get it. or the cafe in Belgium (at the monastery ).:grinning::grimacing::rolling_eyes:

    not counting the 6 pack they sold recently.
     
  2. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    Either one is correct
     
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  3. CSpoons

    CSpoons Zealot (501) Nov 13, 2012 Maryland

    Never seen this but I wish it'd happen near me.
     
    ediaz likes this.
  4. mizary

    mizary Initiate (0) Oct 25, 2007 Ohio

    I bought fat tire in a bar in ohio once... I was all excited.. I thought NB had decided to start distributing here... Nope... someone at the bar just bought a bunch in IN and decided to sell it at the bar... Not surprisingly that bar is now closed.
     
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  5. olekern

    olekern Initiate (0) Sep 25, 2010 California

    Not quite sure where taxation comes in here. If were are talking sales tax, then both the consumer would pay it when they buy at retail. I'm sure the retailer pays their share as well.

    If we're talking excise tax, like with California, then if the beer originates in CA, the supplier remits it to the state. If it is brought into CA from another sate, then the distributor pays. If the state feels they are not getting their money for a supplier's products, then they will audit both supplier and distributor and make a decision who needs to pay them.
     
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  6. leprakhan

    leprakhan Pundit (767) Dec 28, 2009 California

    I don't believe that to be true. I know a bottle shop that deals with multiple vendors but also picks up in house specialties from breweries to sell at the shop. They said it is a grey area. Where the main no no is any beer that is distributed through a vendor in that area can not be sold without going through the vendor first. If nobody distributes said beer then it's fair game, but I do believe that varies state to state

     
  7. OneBeertoRTA

    OneBeertoRTA Initiate (0) Jan 2, 2010 California

    State excise tax on beer is nothing compared to spirits. In many states its $.20 or less per gallon.

    I'm not 100% sure but I think in many states there is nothing stopping distributors transfering bottles across state lines to another distributor. In Total Wine's case, as they continue to build Warehouses I don't see why they wouldn't ship out product to stores in different states that don't receive the product anywhere else.
     
  8. DaKur

    DaKur Initiate (0) Nov 15, 2012 Rhode Island

    I would say sweet! Then thanks to the store.
    JUST REMEMBER....SHHHHHHHHHH!!!!! Why ruin it????
     
  9. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    I would imagine most every state prohibits retailers from selling beer not purchased from in-state licensed wholesalers or, where legal, self-distributing breweries - the main reason being that the state excise tax has not been collected on out-of-state purchase. (As often noted, the District of Columbia in the major exception - and there is a procedure there for retailers to pay the DC ET).

    Besides the state tax collector not caring for the act, other retailers - who obey the law - are never too happy about the competition unfairly offering goods they can not legally obtain, nor would the properly licensed wholesale distributors who supply the "bootlegging" retailer like such illegal products competing with his own brands.

    Here's the NJ ABC rule, and below some examples of the possible penalties, from the ABC Handbook:
    Numbers (in bold) are the days the license will be suspended for the first, second and third offenses.
     
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  10. jrnyc

    jrnyc Grand Pooh-Bah (3,012) Mar 21, 2010 New York
    Pooh-Bah Trader

    Because it has a negative impact to the stores who are playing by the rules.
     
  11. frazbri

    frazbri Initiate (0) Oct 29, 2003 Ohio

    Let's just say, it's complicated, but distributors do make the payments to the state for many beer taxes. Here's a report from the distributor side on who pays what.

    http://nbwa.org/Resources/PDFs/NBWA_Report_2009.pdf
     
  12. CassinoNorth

    CassinoNorth Initiate (0) Apr 5, 2013 New Jersey

    Defintely wasn't saying it was illegal, I knew you guys had a deal worked out like that, thanks for the full explination though.

    I know it's legal. It's just interesting to me.
     
  13. striker2160

    striker2160 Savant (1,172) May 5, 2013 Minnesota
    Trader

    15 bucks for a can of heady is price gouging pure and simple. I can't believe people stick up for the greedy liquor store owner. All I can say is WOW.
     
  14. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    That is an assumption you are making. Who says they don't have a deal with a store in a different state and they trade product?
     
  15. fujindemon74

    fujindemon74 Pooh-Bah (1,797) Nov 7, 2012 Pennsylvania
    Pooh-Bah

    So mailing beer to people is illegal?
     
  16. chrisp450

    chrisp450 Zealot (744) Oct 23, 2012 Minnesota
    Trader

    If you are using USPS, yes. That is my understanding.
     
  17. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    Yup. As of now (changes may be coming), individuals can't send alcohol USPS. Fedex/UPS either. That's why I send out "glass and ceramic artwork". I used to drive OTR trucks. At the time (may have changed by now, don't know) the state of Pennsylvania had a law that any truck transporting alcohol through the state had to have a permit. The company I drove for had about 300 trucks, and about 100 of those trucks had the window decals that allowed alcohol transport. My truck was one of them. I used to take containers of Budweiser to the docks in Newark, NJ, for shipment to England (made cry a bit on the inside). One time a dispatcher sent a truck without the permit on one of these loads. Sure enough, the driver gets pulled over, he gets a ticket, and the company got a fine. And that's just one state, without getting into federal laws.
     
  18. MrDave

    MrDave Initiate (0) Jan 23, 2013 California

    Freddie no longer loves many of you.
     
  19. DrankIT

    DrankIT Initiate (0) Jun 13, 2013 New York

    let me get this straight some of us BA's are upset that local beer stores are selling hard to find beers that some of us either trade for or hunt down out of state because the brewery doesn't distribute to you? Wish I had your problems... kudos to the store owner for being aggressive in pursuing the craft beer market. I would be a regular in that store!
     
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  20. HomeBrewed

    HomeBrewed Initiate (0) Dec 10, 2006 Minnesota

    I'm not upset at all. I actually couldn't care less. I was just curious as to how common of a practice this is.
     
    JackMcAwesome likes this.
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