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MilesColtrane Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:05 PM
Original message
Why is this illegal?
Edited on Thu May-17-07 05:12 PM by MilesColtrane
My brother's birthday is coming up. He mentioned that he wants to try a certain type of brew.
It's seasonal and he can't find it where he lives.

I round up a couple of sixes, pack them up and take them to the UPS store, where I am informed that it is illegal to mail any alcoholic beverage.
(This wasn't going out of state. It was going about 50 miles away.)

Needless to say I was dumbfounded. I know that you can order wine, and beer from vineyards and breweries and receive them through the mail. But, apparently, you can't send it from consumer to consumer.

It's a federal offense. And, I'm not sure about this, but I think it's a felony.

What kind of moronic holdover from Prohibition is this? What could possibly be the reasoning behind this law?

Needless to say, I did NOT go to a different shipping store and tell them that the box contained a hibachi, and mail it anyway. That would be a bad thing to do.
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Fleshdancer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:12 PM
Response to Original message
1. I think it's an attempt to keep alcohol out of the hands of minors
When my wine of the month club arrives from UPS, an adult has to sign for it. One would think it would be legal for UPS to send alcohol from person to person as long as they have that provision included.

:shrug:
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MilesColtrane Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:15 PM
Response to Reply #1
5. I don't know any minors that would have the patience to wait for beer through the mail.
We used to pay the guy standing outside the Quicky Mart to buy for us.
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Fleshdancer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:39 PM
Response to Reply #5
7. true, but politicials love to look "tough" on underaged drinking
I tried researching the topic a little bit and found this chart on alcohol shipping laws by state. It's from 2004 though so it might not be entirely current.

http://www.usatoday.com/news/nation/2004/alcohol-policy.htm
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Catshrink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:12 PM
Response to Original message
2. My guess is it's all about state liquor taxes.
Yeah, it stinks. I'd wrap each bottle in bubble wrap, put them in a sturdy cardboard box, and ship 'em anyway. :evilgrin:
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:13 PM
Response to Original message
3. That's weird. The UPS stores in California sell wine packers, and ship for you.
Maybe it's a state thing.
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Reverend_Smitty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:15 PM
Response to Original message
4. That's a strange little law...
Since it's ok to get alcohol through the mail from a place that sells that kind of stuff, I automatically assumed it would be ok for private citizens to send it. I'm guessing it has to do with taxes in some way or another but I could be way off. I'm kind of curious to hear the reasoning behind this as well
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MilesColtrane Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:25 PM
Response to Original message
6. I couldn't find this when I was looking yesteday.
Edited on Thu May-17-07 05:27 PM by MilesColtrane
But, it's not federal law. (or is it?)

"Today, specialty wines, beers, ales and lagers are shipped by mail and overnight delivery. Many, however, are sent in violation of a 1935 law that resulted from the 21st Amendment to repeal Prohibition. The law was intended to protect dry counties and gives each state exclusive authority to regulate the flow of alcohol within its borders. Its result: 50 states with 50 varying laws. Direct shipments are illegal in 24 states and regulated to varying degrees in the 26 others. Most states, though, operate under a three- tier system in which alcohol goes through a wholesale distributor and then a retailer before reaching the consumer. Violations were considered misdemeanors -- and states rarely pursued offenders because they had little reach beyond state borders. That changed last year when Kentucky made direct shipment a third- degree felony punishable with jail time and fines up to $20,000. Florida and Georgia passed similar bills this year, and felony legislation was introduced in Arkansas, Hawaii, Louisiana, Massachusetts, Maine, Minnesota, Montana, North Carolina, New Jersey, New Mexico, Oregon, South Carolina, Wisconsin and West Virginia, according to the Wine Institute, a San Francisco trade group that represents more than 400 wineries."

from here...

http://findarticles.com/p/articles/mi_qn4182/is_19970821/ai_n10110673
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Left Is Write Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:41 PM
Response to Original message
8. Laws about shipping and receiving alcohol through the mail vary by state.
It's fine to send beer to Idaho or from Idaho, but not to, say, Georgia.
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Oeditpus Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 05:50 PM
Response to Original message
9. My guess:
Since all stores that sell alcoholic beverages pay for that privilege and are regulated and monitored, the law prohibits individuals from transferring said beverages to others as it isn't possible to determine whether the transfer is a resale.

I'd bet that if you dug hard enough, you'd find statutes that make it illegal to get two beers from the fridge, hand one to your friend and charge him a buck for it.

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