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When HB 429, the state wine shipping law supported by the liquor industry with $3.5 million in campaign contributions to its political sponsors, went into law last year (see previous Chicagoist coverage of HB 429 here, here, here and here), it effectively reduced the access of Illinois wine consumers to wine by prohibiting the sale to us from out-of-state retailers, although in-state retailers can still ship out-of-state.
HB 429 — and its companion legislation SB 123 — also curtailed the ability of Illinois' larger wineries and vineyards to self-distribute. Prior to the passage of HB 429, Illinois was a "reciprocal state," with equal access to wine both in and out of state.
The Illinois Wine Consumer Coalition is a newly formed group whose mission is to "put the wine consumer first and to help restore your access to the wines you want." In short, full reciprocity. In their efforts to roll back HB 429, they've set up a membership page for concerned consumers interested in restoring full access to wine in and out of state to Illinois wine drinkers. You can sign up here.
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So does this mean tht if this bill passes, I can buy wine from Iowa, because I has some really good ones when I was there earlier this summer.
I thought blocking interstate trade was illegal but what do i know. I just live here.
matty: according to the majority Supreme Court decision in Granholm v. Heald, it is illegal. That's why liquor distributors have been busy lobbying for legislation like this that favors protection of their business within the three-tier system. If they don't want to do business with a boutique winery with low annual yields, those wineries can apply for a self-distribution permit. If other wineries don't make the cut and a major distributor doesn't want to carry them, too bad.
Legally, they've parsed the language so that they haven't broken the rule of the three-tier system or blocked commerce. Unless you're an out-of-state retailer who's purchased wine properly via the current system, that is. The distributors contend that out-of-state retailers cannot sell to Illinois customers as it marks a violation of the three-tier system. They've also used the risible argument of preventing underage purchases of alcohol at times, as well. With shipping companies requesting signatures and proof of ID at time of receipt, that's no longer a real argument.
Chuck, it looks like you know what you're talking about, but that's partially because I don't understand what you're saying at all. Three tiered system?
After Prohibition was repealed, distribution of liquor was implemented using a federal three-tier system (brewer/distiller/winemaker has to allow a distributor to handle transporting their product as a middleman selling to a retail customer).
The way HB 429 works right now, it's the distributor who has, as George Costanza would call it, all the "hand." They can decide which product to take on (and for what price) from the producers, then sell it at a price they determine to the retailers.
If a smaller winery can't find distribution in Illinois and produces too much wine to qualify for a self-distribution license under HB 429, they're effectively locked out of the state because the only remaining option available to them to reach the Illinois market — out-of-state retail — has been blocked.
I'm always taken aback when I find myself learning something on here. I had no idea that's why distributors existed. Thanks for the info, Chuck.
Chuck, thank you for your post in support of wine consumer's choice in Illinois. We believe that it is unfair for Illinois consumers to be able to purchase anything that can be legally imported into this country via the internet with the exception of wine.
We think that is fundamentally unfair that distributors and resellers in Illinois can dictate to us what wine we will drink. It adds insult to injury that they can also establish the price that we will pay for that wine as well.
We’re hoping that with enough voices, enough signatures on the petition, we can get the attention of our legislators and change this anti-consumer law.
We urge everyone who agrees with us to visit our website at http://www.illinoiswineconsumers.org and sign up, sign the petition, and most importantly, share this info with your Illinois wine drinking friends! As little as a few thousand names can really make our voice heard – we need your help.
Anyone with questions, ideas for us, want to get more involved, or would like to donate in support of IWCC should send us an email at info@illinoiswineconsumers.org.
The legal tide is turning in our favor – now is our time to make a difference and bring choice back to Illinois’s wine drinking consumers!
Gretchen Neuman
Illinois Wine Consumer Coalition