This is terrible for NY consumers

[g-man]

http://www.drvino.com/wp-content/upload ... 2013-3.pdf

[jdaw1]

So the NY Booze Authority has written to the Wine Library, located in NJ, to grumble at it shipping wine into NY.

That’s easy to dodge. They sell the wine, as themselves. They hold it for a while for the consumer. It becomes the consumer’s long-standing property. Then, acting as the agent of the consumer, and hence acting as the consumer, they pack and ship it.

The long ¶ has lots of irrelevant guff about the United States: shining on a hill, no doubt.

[g-man]

So the NY Booze Authority has written to the Wine Library, located in NJ, to grumble at it shipping wine into NY.

That’s easy to dodge. They sell the wine, as themselves. They hold it for a while for the consumer. It becomes the consumer’s long-standing property. Then, acting as the agent of the consumer, and hence acting as the consumer, they pack and ship it.

The long ¶ has lots of irrelevant guff about the United States: shining on a hill, no doubt.

the law specifically says that the scenario you mention only applies to wines purchased directly by the consumer out side of teh country.

otherwise agent needs a ny license

[jdaw1]

Thinking out loud.

Two companies:
• JDAW New Jersey Wines;
• JDAW New Jersey Storage.

For brevity, we’ll call them Wines, and Storage. Consumer visits Wines. Consumer agrees to buy everything held by Wines, now and in the future. Nothing can be removed from Storage until it is paid for, at which time a price will be mutually agreed. Wines has the right to rescind this deal, in part or whole, for any wines not yet paid for. Storage has no liquor licence, which does not deal in wines but merely holds customers’ stuff, packs it for shipping, and arranges shipping. Storage might receive an instruction to move something that the client bought many moons previously, and then acts on that.

Hmm. Not quite.

Am I allowed to give you a wine, and deliver it in person? As if a dinner guest. Perhaps after you have given me $100.

[g-man]

technically? no =)

[jdaw1]

Start again. What is banned? What is not?

[jdaw1]

New plan.

JDAW Wines & Storage Inc will sell you wines, and put them in your storage account with us. You, or your agent, must collect. We know nothing about you or your agent not my problem guv’n’r.

Dodgytastic Shippers #10000 is one of a series of shipping companies (! #10001, #10002, !). Dodgytastic Shippers will collect, pack, and ship, on the consumer’s instruction. When one of them receives a grumble from the NY Booze Self-Perpetuating We-Hate-People-But-Take-Their-Taxes-To-Pay-Our-Pensions Authority, it apologises and closes down. Next up, n + 1.

[jdaw1]

Thinking out loud.

Two companies:
• JDAW New Jersey Wines;
• JDAW New Jersey Storage.

For brevity, we’ll call them Wines, and Storage. Consumer visits Wines. Consumer agrees to buy everything held by Wines, now and in the future. Nothing can be removed from Storage until it is paid for, at which time a price will be mutually agreed. Wines has the right to rescind this deal, in part or whole, for any wines not yet paid for. Storage has no liquor licence, which does not deal in wines but merely holds customers’ stuff, packs it for shipping, and arranges shipping. Storage might receive an instruction to move something that the client bought many moons previously, and then acts on that.

Reading the original whinge more carefully, this might work, if the purchase were done whilst outside the United States. So, when abroad, candidate customer phones JDAW Wines and does this deal. Then calls Shipping, and pays 1¢ for shipping. So all had been by the consumer directly, whilst outside the USA. Details can be filled in later, when the wines are in stock, when ‘extra fees’ will become payable.

[g-man]

Thinking out loud.

Two companies:
• JDAW New Jersey Wines;
• JDAW New Jersey Storage.

For brevity, we’ll call them Wines, and Storage. Consumer visits Wines. Consumer agrees to buy everything held by Wines, now and in the future. Nothing can be removed from Storage until it is paid for, at which time a price will be mutually agreed. Wines has the right to rescind this deal, in part or whole, for any wines not yet paid for. Storage has no liquor licence, which does not deal in wines but merely holds customers’ stuff, packs it for shipping, and arranges shipping. Storage might receive an instruction to move something that the client bought many moons previously, and then acts on that.

Reading the original whinge more carefully, this might work, if the purchase were done whilst outside the United States. So, when abroad, candidate customer phones JDAW Wines and does this deal. Then calls Shipping, and pays 1¢ for shipping. So all had been by the consumer directly, whilst outside the USA. Details can be filled in later, when the wines are in stock, when ‘extra fees’ will become payable.

your corporations is a perfectly valid exercise in such.

except you can't ship wine across state borders without a valid liquor license from either state and ny does't allow you to ship it into NY at all unless you have a licensed agent in NY in which case you'd pay ny state taxes + nj taxes when transaction is said and done

[jdaw1]

except you can't ship wine across state borders without a valid liquor license from either state and ny does't allow you to ship it into NY at all unless you have a licensed agent in NY in which case you'd pay ny state taxes + nj taxes when transaction is said and done

So how did WinesTilSoldOut used to ship me bottles?

[g-man]

The law has always been on the books.

the cease and desist letter to wine library was the first time it was acutally enforced

[jdaw1]

They need to not ship it. Wines mustn’t, and must sell to the consumer on condition that the consumer doesn’t do anything illegal.

Then Wines replies to Public-Sector-Pensions saying ‟We have not shipped any wines to NY. Go away.” PSP is welcome to try to enforce this, $10 at a time, from the consumers.

[Alex Bridgeman]

Isn't the easiest solution for someone who is known to the Wine Library - perhaps a long standing customer of theirs - and who is also a NY State liquor license holder to become the NY resident intermediary for the Wine Library. The NY authorities would impose a requirement of administration and paperwork, no doubt, and therefore a charge would need to be made by the NY license holder but it could be a charge that is proportionate to the administrative burden and most of the work could be undertaken by The Wine Lirary on behalf of the NY license holder.

Could this be an opportunity for someone with a limited range of wines which they import to NY State to enlarge that range by offering everything on the Wine Library's books?