Private Collection Wine Sales Safe. . . For Now

Last fall, the New York State Liquor Authority (“NYSLA”) caused a stir in the fine wine market when it proposed to limit the sale of private collection wines. In a draft advisory intended “to provide guidance to manufacturers, wholesalers and retailers of wine or liquor with respect to proper purchase and sale of private collection wines and liquors,” NYSLA set forth a narrow and perplexing definition of “private collection wine.” This definition would have reduced the amount of wine that could be sold without a license. Now, the Authority has backed away from its plan to rein in these transactions.

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Côtes du Rhône Ad Campaign Deflated by Paris Appeals Court?

Côtes du Rhône Ad Campaign Deflated by Paris Appeals Court?

On May 27, the Paris Court of Appeals ordered the immediate cessation of an advertising campaign commissioned by Inter Rhône. The court reasoned that the now famous ad, which depicts a man in a suit being lifted above a dreary city by a red balloon, clearly “suggests that the consumption of Côtes du Rhône alcohol allows one to escape the difficulties of everyday life,” and that this messaging can lead to abuse of alcohol in order to attain the state of happiness depicted in the image. The fine for display of the ad is €5,000 per day per infraction starting May 27.

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Shortening NYSLA's Long Arm: Senate Bill 7728

On Thursday, New York State Senator Phil Boyle introduced legislation that would limit the circumstances under which the State Liquor Authority (“NYSLA”) may penalize licensees[1] for perceived violations of other states’ laws.[2] The measure, Senate Bill 7728 (S.7728), is currently under consideration in the Committee on Investigations and Government Operations. If you are experiencing déjà vu, you are not crazy; similar legislation was introduced last year in response to the Empire Wine interstate alcohol shipment controversy.

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2016 Policy and Budget Preview

Governor Cuomo gave his State of the State address and released his proposed Executive Budget for Fiscal Year 2017 last week, announcing his priorities for the year and setting the stage for important budget and policy discussions. One of the Governor’s goals for this fiscal year is to expand New York’s craft beverage industry, and he has proposed a number of investments and legislative changes to facilitate that expansion. Perhaps the most intriguing item for the wine industry is the modernization of the 81-year-old Alcoholic Beverage Control (“ABC”) Law, including by addressing e-commerce. Read on for a summary of a few of the Governor’s proposals. As always, refer to the Division of the Budget for complete information.

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