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Below is a portion of the press release from the New York State Liquor Authority. For the full release and a Q&A, click here.   Pursuant to the Governor’s order, effective Monday, March 16, 2020 at 8:00PM, all licensed on-premises establishments (e.g. restaurants, bars, taverns, clubs, arenas, catering establishments, etc.) must cease on-premises sales of alcoholic beverages and/or food.  Additionally, all licensed manufacturers with on-premises privileges must also cease on-premises sales of alcoholic beverages and/or food; however, a licensed manufacturer may continue all manufacturing operations.  This restriction shall continue until April 15, 2020 but may be extended or reduced depending upon the circumstances. To aid in prevention of the spread of the coronavirus and assist businesses impacted by the current state of emergency, the Governor has ordered the State Liquor Authority (SLA) to promulgate guidance on new off-premises privileges for licensed businesses with on-premises privileges. The State Liquor Authority offers the following guidance: Any on-premises licensee and any manufacturing licensee with on-premises retail privileges may sell for off-premises consumption any alcoholic beverages that it is able to sell for on premises consumption under the law. For example, a tavern wine licensee may sell beer, wine, cider, mead, and wine product, but not liquor, and a farm winery may sell any New York State labeled wine, beer, cider, mead, or liquor, but not non-New York State products unless it has an on-premises license as well. Alcoholic beverage sold for off-premises consumption pursuant to this guidance may be sold in any closed…

By way of update on the possibility of the United States Postal Service shipping alcohol and the USPS Shipping Equity Act, which would allow the USPS to ship alcoholic beverages directly from licensed producers and licensed retailers to consumers over the age of 21.  Shipments under the Act would still have to comply with all state and local laws regarding licensing and delivery requirements.  According to Rep. Speier, last year direct-to-consumer shipments totaled over $3 billion nationally.  Allowing USPS to participate will increase competition and access for both shippers and consumers. After consultation, additional language is proposed, below: NO PREEMPTION OF STATE, LOCAL, OR TRIBAL LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR SALES. Nothing in this section, the amendments made by this section, or any regulation promulgated under this section or the amendments made by this section, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or tribal law that prohibits or regulates the delivery, shipment, or sale of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act (27 U.S.C. 211)). LIABILITY OF THE UNITED STATES POSTAL SERVICE. The United States District Courts shall have jurisdiction to render judgment upon any claim brought by a State, local, or tribal government against the United States Postal Service of a violation of State, local, or tribal law regarding the sale, mailing, transportation, or importation of alcoholic beverages into any State, territory, or district of the United States. The…

Posted in alcohol beverage law, Three Tier System, TTB | Tagged DTC, shipping, USPS | Comments Off

With the help of the Kentucky Distillers Association, a Kentucky bill allowing direct-to-consumer distilled spirits and wine shipments was signed into law on April 13th, 2018. HB 400 permits tourists visiting state distilleries and wineries to purchase a souvenir bottle and have it shipped directly to the purchaser’s home. HB 400 amended KRS 243.0305 to allow distilleries to ship product directly to consumers and allows for consumer participation in monthly club memberships or subscriptions. Now, consumers visiting Kentucky distilleries may purchase 4.5 liters of whiskey per person, per day and elect to have the whiskey shipped directly to their homes. Sales made after January 1, 2021 will allow for consumers to purchase and ship 9 liters of whiskey per person, per day. Additionally, whiskey fans may now participate in a subscription service or bottle of the month club and receive up to nine liters of distilled spirits delivered directly to their home annually. KRS 243.155 was also amended to allow small farm wineries to sell up to 4 cases of wine per person per day for shipment directly to the purchaser. Small farm wineries may also participate in monthly club memberships or wine subscription services where members may have up to 1 case of wine per month shipped directly to their residence. All Deliveries must be made by a licensed common carrier authorized to deliver or ship distilled spirits and wine to the destination state (remember to see individual state shipping laws on the permissibility of DTC shipping in that…