H.R. 5034, the Comprehensive Alcohol Regulatory Effectiveness (“CARE”) Act, has recently undergone a change in its text. The new text of the bill reads as follows: “State or territorial regulations may not intentionally or facially discriminate against out-of-state or out-of-territory producers of alcoholic beverages in favor of in-state or in-territory…
Tag: direct shipment
The Alcohol Beverage Legal Environment Post-Granholm
This article gives rise by suggestion of Tom Wark of Fermentation. It explores the legal environment, post-Granholm, relative to the constitutionality of the several state liquor regulatory laws and the underlying effect of the Supreme Court’s holding in Granholm. These three cases include Siesta Village Market LLC v. Steen, 595…
Granholm v. Heald and the Wine Industry
General Information on Granholm In the 2005 opinion of Granholm v. Heald, the Supreme Court ruled in a 5–4 decision that state laws allowing in-state wineries to make direct sales to customers but effectively authorizing out-of-state wineries to make sales only through wholesalers at a greater expense are unconstitutional. The…
Is There a Future for the Three-Tier Alcohol Beverage Distribution System?
The repeal of Prohibition in 1933 by the 21st Amendment of the United States Constitution not only reinstated the legality of alcohol beverage consumption, but also introduced a new system for alcohol beverage distribution: the three-tier system. The three-tier system creates a platform between alcohol beverage producers, distributors, and retailers….