Pennsylvania is on the verge of allowing direct wine shipping!
June 07, 2016
This afternoon, I saw an alert from Free the Grapes that the Pennsylvania Legislature passed House Bill 1690 by a tally of 157-31. The bill is on its way to Governor Tom Wolf's desk, and while he has not indicated that he will sign it1, the statement he posted on his Web site, the fact that he's on the record as supporting direct wine shipping, and the fact that the file name of the page calls the bill "historic" all seem encouraging:
Although it does not do away with the state-run liquor stores, the bill does modernize the sales of alcohol in several ways. It allows wine to be sold in grocery stores (where beer is sold already) as well as in other establishments that sell prepared food. It allows state-run stores to be open more consumer-friendly hours, including on Sundays and holidays. And it allows those same stores to implement discount and loyalty programs, which should be good for consumer prices.
Almost hidden in the announcements about the bill's passage were the sections that allow out-of-state wineries to apply for a $250 permit to ship wine to Pennsylvania consumers. As is typical in direct shipping bills, we will collect the sales taxes that are due the state, and remit them to the state.2 Of course, the permit details will have to be worked out; I couldn't find in the text of the bill anything about how often and to whom the tax reports would have to be filed. But it looks fairly straightforward, which would place Pennsylvania into either Tier 2 or Tier 3 of my State of the Union, Wine Shipping Edition that I published early last year. The bill would go into effect 60 days after being signed by Governor Wolf.
As Pennsylvania is easily the largest state to prohibit direct wine shipping outright, it was at the top of the target list for wineries. But given the arcane and unique nature of Pennsylvania's liquor distribution system, and the breakdown of last year's negotiations over a Republican requirement to tie modernization with the privatization of the state stores, it really wasn't on my radar screen as a possibility this year. I'm evidently not the only one caught by surprise; the Free the Grapes home page today offered "hot topic" templates for contacting legislators in Rhode Island, Delaware, Arizona, and Oklahoma (but not Pennsylvania). Why was it revived? Apparently, as a relatively uncontroversial way to help close a projected $1.6 billion budget shortfall. The additional liquor licenses, and the increases in liquor tax revenue, are projected to add an additional $150 million/year to the state's coffers.
More money for a state in need of it? More choice and potentially better prices for consumers? And access to consumers in the 6th-largest state in the country for wineries? Sounds like a win/win/win. Thank you, Free the Grapes, for staying on this.
1. At 6am Wednesday, June 8th (PDT), Governor Wolf tweeted that he would sign the bill, calling it "historic" and "the most significant step to reform the liquor system in 80 years".
2. An earlier version of this article indicated that purchasers would still be responsible for paying the 18% PA "Johnstown Flood Tax". It appears that this is not the case (!) and only the 6% statewide sales tax, plus any applicable county and city taxes, will be collected on direct wine shipments.