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Alabama is a state that does not permit direct
shipment of wines. Direct shipment of wines is a misdemeanor
offense and could result in a suspension of license in this State.
Residents of Alabama may apply to the ABC Board
to receive a direct shipment of wine by writing a letter of intent
to:
ABC Board, Product Management
2715 Gunter Park Drive, West
Montgomery, AL 36109
Special order purchasing of wines is possible
through the ABC Store system. The buyer can only purchase case
lots (no mixed order less than a case). The cost will be
determined by the ABC Store to include all shipping, taxes and
markups. Perdido Vineyards brand wines are registered with the
Alabama ABC Board, Product Management Dept.. for special order
purchases. The letter of intent must give complete description of
wine, brand, size, flavor, winery. price, how wine will be
delivered, etc. The ABC will review the request, and if written
approval is granted, residents may then order wine to be delivered
to the nearest ABC Store where the resident resides.
Alabama residents of legal voting age, who are
also wine consumers, are encouraged to also write a letter to each
of their elected representatives in the State Legislature and the
Governor emphatically expressing their indignation, annoyance and
outrage, as the case may be, that a responsible adult citizen is
the object of discrimination simply because of a preference for
wine as a beverage. Please be aware that the State monopoly in
conjunction with large national and international wine and liquor
companies and their distributors use the laws and regulations to
discourage you, the consumer, from purchasing any wine product
that they do not sell, select or approve for you. Alabama has
voted Republicans into office for a variety of reasons, in some
cases, the voters believe in free enterprise. But, free enterprise
does not apply to a naturally fermented wine that is healthful and
produced in the State of Alabama. Although, all applicable Alabama
wine excise taxes, sales taxes and local taxes are paid upon
removal from bond by a Native Farm Winery Licensee, e.g., Perdido
Vineyards, you will be unable to easily purchase our wines.
Alabama laws have never prohibited the
production of wines from fruit, berries or honey produced within
Alabama. Like many other States, the citizens of Alabama farmed
vineyards and orchards and produced wines for personal use and for
sale prior to the Prohibition era. In 1937, the Alabama ABC system
was established. This legislation provided for production of
native wines, however, it was not until 1979 that Governor Fob
James enacted the Alabama Native Farm Winery Act of 1979 to permit
the establishment of wineries. In 1979, Alabama citizens were
limited to a selection of wines at the ABC Stores and the wine
excise taxes were computed at 35% of the price of the wine. Based
upon alcoholic content, wine taxes were greater than the excise
taxes on liquors, and the wine taxes were the highest in the
Nation at that time. The Alabama wine consuming citizen was
obliged to pay excessively for his preferences. The only
conclusion is that Alabama wine consumers were regarded as
second-class citizens by the monopolistic bureaucracy and their
political friends. |
The Alabama Native Farm Winery Act of 1979
established the legal precedent for computing wine excise taxes in
Alabama based on the gallons or liters. Today wine excise taxes on
all wines are computed by the gallon or liters, and a wider
selection of wines is available in Alabama through retail food and
package stores. Despite this measure of progress, the monopolistic
practices of the State and national brand organizations is very
much alive and well. You, the consumer and payer of all taxes, are
still treated as second-class by the laws, regulations, policies
and procedures in Alabama. We encourage you to speak up for
yourself and present your views to our elected and appointed
officials in order that you may enjoy access to the wines of your
choice. The monopoly establishment is very fearful of DIRECT
SHIPMENT OF WINE because the wines you consume will be your choice
and not theirs, and to Perdido Vineyards, that means an
opportunity to compete on a level playing field with the wines of
the world based on taste, quality and price.
We invite you to access the web site of the
American Vintners Association directly through the link to this
website to learn more about DIRECT SHIPMENT OF WINES. You can
learn about the efforts of many wine consumers, small wineries and
true believers in free enterprise to overcome the propaganda of
monopolistic practices currently existing in the distribution of
wines to you, the consumer/payer of taxes. Please be alert to the
media blitz that is being used to distort the real issues in this
matter. The proponents of the status quo are over-reacting,
distorting facts and exaggerating nonexistent results. One of the
biggest lies being promulgated a that "billions of dollars in
taxes will be lost to the States (Alabama)." No taxes are
lost! All taxes on wines are paid to the State selling the wines,
and Alabama could be selling its wines to consumers in Alabama and
other States and receiving the assessed state and local taxes. It
is a fact that no taxes are paid unless the wines are sold,
Alabama, so where's the problem?
Utah's Third District Court. in a ruling
against the State of Utah, has specifically stated that the
Commerce Clause of the U.S. Constitution over-rides the State's
21st Amendment attempts to regulate transactions that occur out of
state. The Commerce Clause protects the seller/shipper and very
probably the buyer, as well. |
