There Is No Need To Whine If They Don�t Carry The Wine

In recent years, internet and mail order wine distributors have become very popular with wine lovers. Small boutique wineries all around the world are able to offer their products to oenophiles who would otherwise have to travel to remote vineyards to sample rare and unique vintages. As much fun as it would be to gallivant around the world tasting wine, it is not practical for the average wine connoisseur. Often these clubs and distributors suggest various wine and food parings. In most cases the consumer elects to have the wine he or she has chosen shipped directly to his or her residence. In Pennsylvania however, direct wine shipment to one's home is not permitted. Indeed the Pennsylvania Liquor-Control Board ("PLCB") holds monopolist rights to the distribution of all wine in the State, and this includes wines sold by small boutique wineries.

The PLCB is the largest buyer of wine in the United States. It is the second largest buyer in the world, second only to the Liquor Control Board of Ontario, which is slightly more populous than Pennsylvania. Despite its substantial buying power many of the smaller boutique wines are not distributed by the PLCB. The PLCB offers a database on its website detailing the approximately 25,000 different wines sold in its stores. When a particular or rare vintage is not in the database that does not mean that wine is out of the reach of Pennsylvania wine enthusiasts. Individual consumers and restaurateurs (with liquor licenses) have separate procedures to follow to obtain that perfect bottle.

Pennsylvania individual wine consumers are permitted to purchase wine from a licensed direct wine shipper. The only caveat is that the wine must be shipped directly to a Wine and Spirits Store ("State Store") of the consumer's choice. Consumers are permitted to purchase a maximum of nine liters per month from a single direct wine shipper. The shipper will have a transport charge, a $4.50 handling fee, Pennsylvania's 18% liquor tax and 6% sales tax (an additional 1% sales tax in Philadelphia and Allegheny counties). Wine purchased from direct wine shippers may only be for personal use and not for resale.

Those wishing to engage in the direct shipment of wine into Pennsylvania must obtain a direct wine shippers license from the State. A direct wine shipper license permits the holder to accept orders placed for wine from within Pennsylvania and ship the wine through a PLCB-licensed delivery carrier to a State Store. The wine shipped may include only those classes, varieties and brands of wine not available for sale in State Stores or on the PLCB's database.

For the restaurateur with the sommelier who insists on a particular wine not currently in the PLCB's database, the procedure is less complicated than that for the individual consumer. The licensee simply needs to contact the PLCB's Bureau of Product Management and fill out a Special Liquor Order Application. This can be done via the PLCB's website under the section for licensees. Wine bought this way entitles the licensee to the same bulk discounts it would be entitled to for wine bought in the traditional manner.

Whether you are an individual looking for that special gift or a restaurateur seeking that perfect complement to a signature dish, do not let the Pennsylvania rules preclude a wine purchase just because it is not in the State Stores. Should you have any questions about obtaining wine not currently available by the PLCB contact our office for help in its procurement. May the perfect spirit be with you this holiday season.

-- J. Ken Butera