Stop Direct Shipments that Violate State Laws

WBDT Issues

Stop Direct Shipments that Violate State Laws

Posted on: Sunday, October 22, 2000 at 14:55:27 (CDT)

Numerous out-of-state companies now send beer, wine, and distilled spirits directly to consumers in Texas in violation of state law. One result of this practice is that minors can receive licensed beverages right on their doorsteps or in their dorm rooms! Direct shipping also causes the loss of state revenue and lost business for licensed wholesalers and retailers, who comply with the law and pay Taxes.

In Congress, Senator Orrin Hatch and Congressman Robert Ehrlich have proposed bipartisan bills to provide state officials with access to the federal courts to help enforce state laws against illegal shipments. Since many of these shipments originate in other states, federal assistance is needed to curb this illegal interstate bootlegging. The legislative proposals do not create new federal enforcement authority, they simply give meaning to the 21st Amendment and the Webb-Kenyon Act (27 USC 122), which was enacted to enable the states to exercise control over licensed beverages intended for sale within their respective borders. On October 11, 2000, the U.S. Senate took final action on and sent to the President a conference report on an omnibus crimeprevention measure which included the Hatch-Ehrlich 21st Amendment Enforcement Act.

The American people overwhelmingly oppose direct shipping of licensed beverages (Wirthlin Poll, December 1997).

• Minors can and do get alcoholic beverages delivered right to their doors!
• Shipments are made to DRY areas in violation of the law!
• Direct shipments are illegal in most states; it is modern-day BOOTLEGGING!
• States are losing taxes each year because of illegal alcohol shipments.
• Direct shipping is unnecessary. Consumers in most states can obtain any brand of licensed beverage they want by contacting retailers and wholesalers who obey the law and use the existing legal licensing and distribution system.
• Direct shipments violate the three-tier system, which was designed to protect state revenue, ensure the integrity of the product, provide a paper trail of handling of the product, and permit state enforcement officials to stop the flow of particular alcoholic beverages into their state for reasons
of health, safety or violation of the law.
• Supporters of the federal legislation include Americans for Responsible Alcohol Access, MADD (Mothers Against Drunk Driving), SADD (Students Against Destructive Decisions), the American Trauma Society,
the Emergency Nurses Association, the National Licensed Beverage Association, the National Association of Governors Highway Safety Representatives, the National Association of Alcoholism and Drug Abuse Counselors, the National Association of Beverage Retailers, the American Coalition for Traffic Safety, the Virginia Alcoholic Beverage Control Board, the Wine and Spirits Wholesalers of America., and the
National Beer Wholesalers Association

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