Online Rum Sales...why do states differ?

[bluewave6]

I have been trying to figure out why some states will ship spirits to DE and others will not....is it based on the shipping state regulations or the receiving state regulations. I can't figure out why some of the NJ (Shoppers Vineyard) and NY (Pop's Wine) shops will ship to DE, but Sam's and Hi Time will not.

[Scottes]

I don't think that it's that they necessarily will ship to DE, it's just that the others pay attention to the laws. I'd venture that it's illegal to ship alcohol to DE, but that Pop's and Shopper's just don't bother to check the laws in each state.

[Matusalem]

It's my understanding that proper licensing payment must be made per state to have legal shipping rights to a given state. I think some states won't allow the licensing at all, but am not sure. From what I understand the cost per state to the retailer may vary and if so, I think a merchant would weigh whether or not he or she would recover the licensing costs and the arrangement be worth the paperwork hassle etc.

Scottes is probably right from the other angle, though.

[bluewave6]

It's my understanding that proper licensing payment must be made per state to have legal shipping rights to a given state. I think some states won't allow the licensing at all, but am not sure. From what I understand the cost per state to the retailer may vary and if so, I think a merchant would weigh whether or not he or she would recover the licensing costs and the arrangement be worth the paperwork hassle etc.

Thanks, this seems to make sense since at least for Shoppers Vineyard, as they list specifically the states they cannot not ship too by law. I just wish Hi Time would start shipping to other states.

[JMac]

It's my understanding that proper licensing payment must be made per state to have legal shipping rights to a given state. I think some states won't allow the licensing at all, but am not sure. From what I understand the cost per state to the retailer may vary and if so, I think a merchant would weigh whether or not he or she would recover the licensing costs and the arrangement be worth the paperwork hassle etc.

Scottes is probably right from the other angle, though.

This is essentially correct. I was in Macadoodles (a great liquor store on the Arkansas/Missouri border) in November 2007 and asked about shipping to Canada (which they can't). The gentleman there also told me that all states have different licensing laws and different laws regarding alcohol sales. To get licensed in all states would be pretty expensive so some online stores disregard the state laws or are unaware of them. Also some stores, for economic reasons, will only ship to states where their client base is largest.

[Solomon Grundy]

States have fairly broad powers for regulating the sale of alcohol (so long as they don't discriminate in favor of in-state producers compared to out-of-state producers). In repealing prohibition, the following got inserted into the US Constitution: "The transportation or importation into any state, . . . for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited'." That, plus the state's interest in regulating underage drinking give states a lot of room to regulate alcohol sales in ways that would otherwise be unconstitutional. Also, most states have draconian taxes on distilled spirits that they insist must be collected. Other states have truly peculiar laws about container size and so forth. Further, states vary on how aggressive they are about enforcing their laws and taxes. The whole thing is a mess, and I sure appreciate the reluctance of shippers to ship to certain states.