California Wine Club wrongly woos Marylanders
* Updated to explain possible penalties.
"Congratulations Maryland Wine Lovers!" a postcard from the popular California Wine Club gushes. "Due to a recent change in your state law, as of July 1st we can now ship wine to you."
The advertisements landed in at least a few Baltimore-area mailboxes last week, inviting consumers to "experience California's best small 'mom & pop' wineries from the comfort of home!"
One problem: Taking them up on their offer is a violation of Maryland law. (* See jump.)
The behemoth wine club appears confused about Maryland's new direct-shipping law. Only wineries can apply for a shipping permit. It remains illegal for web- and retail-based wine clubs to ship -- something consumer advocates have vowed to try to change next year.
Several messages left this week for the California Wine Club have not been returned. The Maryland comptroller's office, which issues direct-shipping permits, reiterated recently that only wineries may ship.
Several dozen wineries have applied for and received shipping permits after submitting paperwork, paying a $200 annual fee and posting a $1,000 bond.
Comptroller Peter Franchot visited Boordy Vineyards in Baltimore County on July 1 in the hopes of being the first Marylander to receive a wine delivery at home. No word on whether it has arrived yet.
* Updated July 12
According to the comptroller's office, a vendors who ships without a permit could face a felony conviction that carries a $1,000 fine and up to two years behind bars. Consumers who have goods delivered by a vendor without a shipping permit would have to pay taxes on the goods and also could face fines and possible imprisonment, the comptroller's office says.
Here's a list of the early adopters of wine shipping.
Wine shipping applications received (* denotes permit granted)
Maryland wineries:
(*) Black Ankle, Frederick County
http://www.blackankle.com
(*) Boordy Vineyards, Baltimore County
http://www.boordy.com/
(*) Elk Run Vineyards, Carroll County
http://www.elkrun.com/
(*) Far Eastern Shore Winery, Talbot County (Mesozoic Technologies)
http://www.fareasternshorewinery.com/
(*) Fiore Winery, Harford County
http://www.fiorewinery.com/
(*) Knob Hall Winery, Washington County
http://www.knobhallwinery.com/
(*) Layton's Chance Vineyard & Winery, Dorchester County
http://www.laytonschance.com/
(*) Sugarloaf Mountain Vineyard, Frederick County
http://www.smvwinery.com/
(*) Terrapin Station Winery, Montgomery County (Diamondback Wine)
http://www.terrapinstationwinery.com/
(*) Tilmon's Island Winery, Queen Anne's County
http://www.tilmonswine.com/
Out-of-state wineries:
(*) Abeja, Washington
http://www.abeja.net/
(*) Bell Wine Cellars (Spanos-Berberian)
http://www.bellwine.com/about/
(*) Bookwalter Winery, Washington
http://www.bookwalterwines.com/
(*) Chateau Julien, California
http://www.chateaujulien.com/
(*) Chateau Morrisette, Virginia
http://www.thedogs.com/
(*) Clos Pegase Winery, California
http://clospegase.com/
(*) Cristom Vineyards, Oregon
http://www.cristomwines.com/index/home.php
(*) Dolce, California
http://www.dolcewine.com/
(*) Far Niente Winery, California
http://www.farniente.com/
(*) Frog's Leap Winery, California
http://www.frogsleap.com/flash/intro.html/
(*) Nickel & Nickel, California
http://www.nickelandnickel.com/
(*) Pride Mountain Vineyards, California
http://www.pridewines.com/
(*) Robert Craig Winery, California
http://robertcraigwine.ewinerysolutions.com//index.cfm
Robert Sinskey Vineyards, California
http://www.robertsinskey.com/
(*) St. Supery Vineyard & Winery (Skalli), California
http://www.stsupery.com/
(*) Thomas Fogarty Winery, California
http://www.fogartywinery.com/
(*) Trefethen Vineyards Winery, California
http://www.trefethen.com/
(*) Westport Winery, Washington
http://www.westportwinery.org/
(*) Wine Group, California (two locations ... known for Franzia, wine in a box)
http://www.franzia.com/
(*) ZD Wines, California
http://www.zdwines.com/
Winery names provided July 1 by the comptroller's office.
Categories: 2011 legislative session
Comments
Huh. I just assumed the "cigar" rule was being applied, and that Mr. Franchot in his infinite wisdom was again unilaterally deciding to not enforce an obviously bad law in expectation that his buds in the General Assembly would correct the problem in the fall's general election.
Posted by: David | July 8, 2011 1:24 PM
Excellent point, David.
Posted by: Michelle Brown | July 8, 2011 2:05 PM
This law restricts the ability of MD consumers to purchase wine - the "registration" fee is a huge disincentive for small out of state wineries..
I guess the MD wine distributors are donating more to elected officials than I am...
Posted by: Alison | July 8, 2011 2:41 PM
Here is hoping that a realistic permit process can exist for all businesses. While $200 seems like a nominal fee, for small wineries (think the average Napa Valley or Sonoma winery producing $40 per bottle wine) $200 per state starts to add up over time. It's not as bad a Rhone Island, but given consumption in Maryland I would have hoped for a lower barrier to entry.
Posted by: Mark Aselstine | July 8, 2011 3:54 PM
Too bad there is no "fall general election" in odd numbered years in Maryland...thanks 8th grade civics class...you were awesome...
Posted by: ugh | July 10, 2011 12:00 AM
Violating the law could result in a felony punishment for for the shipper; not the consumer.
For consumers, ordering wine from an out-of-state retailer could only result in a charge of possessing untaxed alcohol.
Posted by: David White | July 11, 2011 10:40 AM
David: Thanks for your comment. I've asked the comptroller's office to provide me with the exact penalties the shipper and receiver could face. I expect to post an update with that information at some point soon.
Posted by: Julie Bykowicz | July 11, 2011 2:34 PM
Though we are a ways off from the California election season, it is still good to start thinking about things ahead of time. Hopefully these elections will make the type of changes we need here in California. Sooner the better too!!
Posted by: Bobby scott | August 2, 2011 9:02 AM