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The Pennsylvania Liquor Control Board (PLCB).

The Pennsylvania Liquor Control Board (PLCB) is to prohibit Pennsylvania wineries from shipping to homes or licensed establishments within its borders. In order to ship to Pennsylvania customers, from November 1, 2005, wineries will be required to obtain a Direct Wine Shipper License and ship their products to one of the PLCB's 638 Pennsylvania Wine and Spirits Stores. Last May, the U.S. Supreme Court ruled that New York and Michigan laws prohibiting out-of-state wineries from shipping to homes within the state--when the state permitted the in-state wineries to ship to homes--were discriminatory and, therefore, unconstitutional. Following that decision, a lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania alleging that Pennsylvania's law is similar to those struck down by the Supreme Court. "Because of the pending lawsuit and the Supreme Court ruling, the Attorney General's office advised the board that the Pennsylvania Liquor Code, as currently written, is unconstitutional because it treats in-state wineries and out-of-state wineries differently," said PLCB. There is no fee for a Direct Wine Shipper License, but the licensees must follow certain guidelines when shipping to a Pennsylvania Wine and Spirits Store. Consumers can purchase only via the Internet and cannot purchase more than nine liters per month from a single Direct Shipper. In addition to the Direct Shipper's postage and handling fees, the winery must add a $4.50 handling fee, Pennsylvania's 18% liquor tax and 6% sales tax. An additional 1% sales tax is added in Philadelphia or Allegheny Counties. Wine purchased from direct wine shippers may only be for personal use and not for resale.
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Title Annotation:BUSINESS BRIEFS ...
Publication:Food & Drink Weekly
Date:Oct 10, 2005
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