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CASES COULD PUT MORE WINE ONLINE.


Byline: Susan Abram Staff Writer

AGUA DULCE- The U.S. Supreme Court is set to hear cases on Tuesday on whether small California wineries, such as the Agua Dulce Agua Dulce is Spanish for "sweet water". It also refers to various locations:

In Mexico:
  • Agua Dulce, Veracruz
In the United States:
  • Agua Dulce, California
  • Agua Dulce, El Paso County, Texas
  • Agua Dulce, Nueces County, Texas
 Vineyards north of Santa Clarita Santa Clarita, city (1990 pop. 110,642), Los Angeles co., S Calif., suburb 30 mi (48 km) NW of downtown Los Angeles, on the Santa Clara River; inc. 1987. Situated in the Santa Clara valley and nearby canyons, Santa Clarita includes the former towns of Canyon Country, , can sell their products to the national market over the Internet, a practice that is banned in several states.

``California wineries, particularly smaller family-run operations, should be able to ship their product directly to customers in all states,'' said K. Lloyd Billingsley, editorial director of the Pacific Research Institute and author of the new report ``Wine Wars: Defending E-Commerce and Direct Shipment in the National Wine Market.''

Billingsley said he rejects the argument that Internet sales and direct shipping of wine will promote underage drinking.

``Twenty-four states prohibit direct shipments of wine,'' he said. ``The trend is toward direct shipping and the high court should recognize that current reciprocity reciprocity

In international trade, the granting of mutual concessions on tariffs, quotas, or other commercial restrictions. Reciprocity implies that these concessions are neither intended nor expected to be generalized to other countries with which the contracting parties
 arrangements could simply be extended to all states.''

The Supreme Court has taken up the issue after federal appellate courts A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 have rendered split decisions on it, Billingsley said.

``This is clearly an issue of protectionism protectionism

Policy of protecting domestic industries against foreign competition by means of tariffs, subsidies, import quotas, or other handicaps placed on imports.
, at odds with the Commerce Clause of the Constitution,'' he said. ``The high court has an historic chance to end the legacy of Prohibition and rule in favor of direct shipping. It should not be a felony, as it is in some states, to buy a bottle of premium wine and ship it to your own home.''

An overturn of the ban would assist smaller wineries, such as the Agua Dulce Vineyards.

The business is currently seeking permits from the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Regional Commission to expand operations. No one from the vineyard would return telephone calls Friday.

Billingsley said current law on Net sales Net Sales

The amount a seller receives from the buyer after costs associated with the sale are deducted.

Notes:
This amount is calculated by subtracting the following items from gross sales: merchandise returned for credit, allowances for damaged or missing goods, freight
 of wine to certain states - such as New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 and Michigan, where it's banned - is like banning customers from ordering goods by telephone.

``The Supreme Court should stop discriminatory treatment, promote free trade and competition, and bring the entire nation into line with the intent of the commerce clause and the speed of the Internet,'' he said.

Susan Abram, (661) 257-5257

susan.abram(at)dailynews.com

CAPTION(S):

photo

Photo:

Jaime Abilla prepares to unload a basket full of grapes during the San Giovese harvest at Agua Dulce Vineyards, which hopes to be able to sell wine online around the nation soon.

David Crane/Staff Photographer
COPYRIGHT 2004 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Dec 5, 2004
Words:388
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