DOCSLIB.ORG

Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit No. In the Supreme Court of the United States SARASOTA WINE MARKET, LLC, et al., Petitioners, v. ERIC S. SCHMITT, ATTORNEY GENERAL OF MISSOURI, et al., Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit PETITION FOR WRIT OF CERTIORARI James A. Tanford (Counsel of Record) Robert D. Epstein James Porter Joseph Beutel Epstein Cohen Seif & Porter 50 S. Meridian St, Ste 505 Indianapolis IN 46204 [email protected] (812) 332-4966 Counsel for Petitioners. i QUESTION PRESENTED In a long line of cases, this Court has repeatedly held that the states’ Twenty-first Amendment authority to regulate the distribution of alcohol is limited by the nondiscrimination principle of the Commerce Clause. Tenn. Wine & Spirits Retailers Ass’n v. Thomas, 139 S.Ct. 2449, 2470 (2019); Granholm v. Heald, 544 U.S. 460, 487 (2005); Healy v. Beer Inst., 491 U.S. 324, 342 (1989); Bacchus Ltd. v. Dias, 468 U.S. 263, 276 (1984). Departing from these precedents, the Eighth Circuit held that Missouri’s law prohibiting out-of-state wine retailers from participating in its online market was protected by the Amendment and immune from Commerce Clause scrutiny because physical presence in a state is an inherent prerequisite to effective regulation. The question, upon which the lower courts disagree, is: When considering both the Twenty-first Amend- ment and the Commerce Clause, may Missouri ban out-of-state wine retailers from participating in its online market when nondiscriminatory alternatives are available that would serve its regulatory interests? ii PARTIES TO THE PROCEEDINGS Petitioners are Sarasota Wine Market, LLC, d/b/a Magnum Wine and Tastings, Heath Cordes, Michael Schlueter and Terrance French. They were Plaintiffs- Appellants below. Respondents are Eric S. Schmitt, Attorney General of Missouri, Dorothy Taylor, Supervisor of the Division of Alcoholic Beverage Control, and Michael L. Parson, Governor of Missouri, in their official capacities. They were Defendants-Appellees below. CORPORATE DISCLOSURE STATEMENT Petitioner Sarasota Wine Market, LLC, has no parent corporation and there is no publicly held company that owns 10% or more of its stock. RELATED PROCEEDINGS Sarasota Wine Market, LLC v. Parson, No. 4:17-cv- 02792, U. S. District Court for the Eastern District of Missouri. Judgment entered March 29, 2019. Sarasota Wine Market, LLC v. Schmitt, No. 19-1948, U.S. Court of Appeals for the Sixth Circuit. Judgment entered February 16, 2021. Rehearing denied March 24, 2021. iii TABLE OF CONTENTS TABLE OF AUTHORITIES . iv OPINIONS BELOW . 1 JURISDICTION . 1 CONSTITUTIONAL AND STATUTORY PROVISIONS . 1 STATEMENT OF THE CASE. 2 REASON FOR GRANTING THE PETITION: The Eighth Circuit decision conflicts with cases from this Court and other circuits . 4 CONCLUSION . 9 APPENDIX A. Opinion of the Eighth Circuit Court of Appeals, February 16, 2021 . 1a APPENDIX B. Opinion of the District Court for the Eastern District of Missouri, March 29, 2019. 26a APPENDIX C. Order of the Eighth Circuit denying rehearing, March 24, 2021 . 43a APPENDIX D. Relevant provisions of the Missouri Liquor Control Act, MO. REV. STAT. ch. 311. 44a iv TABLE OF AUTHORITIES CASES: Anvar v. Tanner, 1:19-cv-00523 (D.R.I.) . 9 Arnold’s Wines, Inc. v. Boyle, 571 F.3d 185 (2d Cir.2009) . 6 B-21 Wines, Inc. v. Guy, 3:20-cv-00099 (W.D.N.C.) . 9 Bacchus Ltd. v. Dias, 468 U.S. 263 (1984) . 4, 5 Bernstein v. Graziano, 2:19-cv-14716 (D.N.J.) . 9 Block v. Canepa, 2:2–cv-03686 (S.D.Oh.) . 9 Brooks v. Vassar, 462 F.3d 341 (4th Cir.2006) . 6 Byrd v. Tenn. Wine & Spirits Retailers Assoc., 883 F.3d 608 (6th Cir.2018) . 7 Chicago Wine Co. v. Holcomb, 1:19-cv-02785 (S.D. Ind.) . 9 Cooper v. Tex. Alcoholic Beverage Comm'n, 820 F.3d 730 (5th Cir.2016) . 7 Granholm v. Heald, 544 U.S. 460 (2005) . passim Healy v. Beer Inst., 491 U.S. 324 (1989) . 4 Lebamoff Enterpr., Inc. v. O’Connell, No. 1:16-cv- 08607 (N.D. Ill.) . 8 Lebamoff Enterpr., Inc. v. Rauner, 909 F.3d 847 (7th Cir. 2018) . 7 Lebamoff Enterpr., Inc. v. Whitmer, 956 F.3d 863 (6th Cir. 2020) . 7 v Peoples Super Liquor Stores, Inc. v. Jenkins, 432 F.Supp.2d 200 (D. Mass. 2006) . 7 Sarasota Wine Market, LLC v. Parson, 381 F.Supp. 3d 1094 (E.D. Mo. 2019) . 3 Sarasota Wine Market, LLC v. Schmitt, 987 F.3d 863 (8th Cir. 2021) . 4, 5 Siesta Vill. Mkt., LLC v. Granholm, 596 F.Supp.2d 1035 (E.D. Mich. 2008) . 7 Southern Wine & Spirits of Am., Inc. v. Div. of Alco. & Tobacco Control, 731 F.3d 799 (8th Cir.2013) . 3, 4, 6 Tannins of Indianapolis, LLC v. Taylor, 3:19-cv- 00504 (W.D. Ky.) . 9 Tenn. Wine & Spirits Retailers Ass’n v. Thomas, 139 S.Ct 2449 (2019) . passim CONSTITUTIONS, STATUTES AND RULES: U.S. Const., Art. I, § 8, cl. 3, . passim U.S. Const., Amend. XXI, § 2 . passim 28 U.S.C. § 1331 . 3 42 U.S.C. § 1983 . 3 Mo. Rev. Stat. § 311.050 . 2 Mo. Rev. Stat. § 311.060 . 2 NY Assembly Bill A00895, https://nyassembly. gov/leg/?default_fld=&leg_video=&bn=A00895& term=2021&Summary=Y&Text=Y . 8 vi MISCELLANEOUS: Dave McIntyre, Buying wine online is another pandemic-era shift that’s poised to stick around, WASH. POST (MAY 14, 2021); https://www.wash ingtonpost.com/food/2021/05/14/online-wine- buying-trends/ . 8 Nat’l Ass’n of Wine Retailers, Lessons from the New Hampshire wine shipping debacle, https://nawr. org/ lessons-from-the-new-hampshire-wine- shipping-debacle/ . 8 Charles Riley, Online shopping has been turbocharged by the pandemic. There’s no going back, CNN BUSINESS (October 13, 2020), https:// www.cnn.com/2020/10/11/investing/stocks-week- ahead/index.html . 8 Lucas Roh, How best to adapt your business when the world is moving online, FORBES (June 1, 2020), https:// www.forbes.com/sites/forbestechcouncil/ 2020/06/01/how-to-best-adapt-your-business-when -the-world-is-moving-online/?sh=3888672f7b9e . 9 Unif. Law Comm’n, June Report (2019), https:// www.uniformlaws.org/viewdocument/2019-june- report-to-scope-and-pro . 9 1 PETITION FOR A WRIT OF CERTIORARI OPINIONS BELOW This petition seeks review of the decision of the United States Court of Appeals for the Eighth Circuit in Sarasota Wine Market, LLC v. Schmitt, (App., infra, 1a-25a), reported at 987 F.3d 1171. The opinion and order of the United States District Court for the Eastern District of Missouri (App., infra, 26a-42a), is reported at 381 F.Supp. 3d 1094. JURISDICTION The opinion of the court of appeals was entered on February 16, 2021. A petition for rehearing was denied on March 24, 2021 (App., infra, 43a). This Court has jurisdiction under 28 U.S.C. § 1254(1) to hear this case by Writ of Certiorari. CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED A. The Commerce Clause, U.S. CONST., Art. I, § 8, cl. 3: The Congress shall have Power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. B. The 21st Amendment, U.S. CONST., Amend. XXI, § 2: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. C. MO. REV. STAT. §§ 311.050, 311060: Reprinted in the Appendix, infra, 44a. 2 STATEMENT OF THE CASE This case challenges the constitutionality of Missouri’s law that prohibits out-of-state wine retailers from participating in its online market. Only Missouri citizens can get retailer licenses, and only in-state retailers may take internet orders and ship wine to consumers. MO. REV. STAT. §§ 311.050, 311.060(1), (App. infra 44a). This difference in treatment violates the Commerce Clause because it discriminates against interstate commerce and protects local businesses from competition. It is not saved by the Twenty-first Amendment because the ban advances no state interest that could not be served by non- discriminatory alternatives. In Granholm v. Heald, 544 U.S. 460 (2005), this Court declared unconstitutional two state laws that prohibited out-of-state wineries from shipping to consumers but allowed in-state wineries to do so. The Court said that the nondiscrimination principle of the Commerce Clause applies to state liquor laws, so that if a State chooses to allow the direct shipment of wine, it must do so on evenhanded terms. Id. at 492-93. In the sixteen years since then, forty-four states have modernized their beverage laws to allow both in-state and out-of-state wineries to sell and ship to consumers. The states have been slower to modernize their laws to allow retailers other than wineries to sell wine online and ship it to consumers. Thirteen states now permit both in-state and out-of-state wine retailers to sell online, but many others have repeated the patterns that existed before Granholm. They have begun allowing in-state retailers to ship to consumers while 3 continuing to prohibit out-of-state retailers from doing so. Missouri is one of those states. Petitioners brought this action in 2017 in the Eastern District of Missouri under 42 U.S.C. § 1983 to challenge Missouri’s discriminatory retailer shipping laws. It is one of a dozen similar cases filed around the country asking the courts to declare unconstitutional state laws that allow in-state, but not out-of-state, retailers to sell online and ship to consumers.
Load more

Recommended publications
  • Wine-Grower-News #175 July 15, 2011
    Wine-Grower-News #175 July 15, 2011 Midwest Grape & Wine Industry Institute: http://www.extension.iastate.edu/Wine Information in this issue includes: 2011 Mid-American Wine Competition Results Now Online Sudden Dieback 2011 WI Winery Survey Completed and Now Online 2010 Oregon Winegrape Industry Economic Impact Report Completed Toward Liquor Domination – A Must Read International Cold Climate Wine Competition Call for Entries 7-23, Grape Production Workshop – Platte City, MO 7-24, MGGA Summer Picnic – St. Croix Vineyards - Stillwater, MN WSU –Chile & Argentina Vine/Wine Tour – Registration Deadline Extended 10-(21+22) Small Scale Commercial Winemaking Course – Nebraska City Marketing Tidbits Show n Tell Articles of Interest Videos of Interest Neeto-Keeno WWW Stuff Calendar of Events 2011 Mid-American Wine Competition Results Now Online The 2011 Mid-American Wine Competition was held July 8-10, 2011 on the Des Moines Area Community College Campus (DMACC) in Ankeny, Iowa and focused only on the wines of the Midwest. The competition was open only to commercial wineries of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, and Wisconsin. The Chief Judge for the Mid-American Wine Competition is noted wine expert and veteran wine judge, Doug Frost of Kansas City. Frost is one of only three people in the world to earn the title of both Master of Wine and Master Sommelier. The Competition director is Bob Foster, founder and first director of the San Diego National Competition. Foster has been a wine judge and competition director for over 25 years.
    [Show full text]
  • Growing Grapes in Missouri
    MS-29 June 2003 GrowingGrowing GrapesGrapes inin MissouriMissouri State Fruit Experiment Station Missouri State University-Mountain Grove Growing Grapes in Missouri Editors: Patrick Byers, et al. State Fruit Experiment Station Missouri State University Department of Fruit Science 9740 Red Spring Road Mountain Grove, Missouri 65711-2999 http://mtngrv.missouristate.edu/ The Authors John D. Avery Patrick L. Byers Susanne F. Howard Martin L. Kaps Laszlo G. Kovacs James F. Moore, Jr. Marilyn B. Odneal Wenping Qiu José L. Saenz Suzanne R. Teghtmeyer Howard G. Townsend Daniel E. Waldstein Manuscript Preparation and Layout Pamela A. Mayer The authors thank Sonny McMurtrey and Katie Gill, Missouri grape growers, for their critical reading of the manuscript. Cover photograph cv. Norton by Patrick Byers. The viticulture advisory program at the Missouri State University, Mid-America Viticulture and Enology Center offers a wide range of services to Missouri grape growers. For further informa- tion or to arrange a consultation, contact the Viticulture Advisor at the Mid-America Viticulture and Enology Center, 9740 Red Spring Road, Mountain Grove, Missouri 65711- 2999; telephone 417.547.7508; or email the Mid-America Viticulture and Enology Center at [email protected]. Information is also available at the website http://www.mvec-usa.org Table of Contents Chapter 1 Introduction.................................................................................................. 1 Chapter 2 Considerations in Planning a Vineyard ........................................................
    [Show full text]
  • Starting a Winery in Illinois: Profile and Business Plan Workbook
    Starting a Winery in Illinois: Profile and Business Plan Workbook This Winery Business Plan Workbook was prepared by the Small Business Development Center at Southern Illinois University Carbondale in coordination with the Illinois Department of Commerce and Economic Opportunity’s Entrepreneurship Network Business Information Center. The following organizations and individuals made valuable contributions to the development of this publication: Susan M. Daily, C.P.A. Business Counselor Small Business Development Center Southern Illinois University, Carbondale Illinois Entrepreneurship Network (IEN)/Business Information Center Illinois Small Business Office Illinois Department of Commerce and Economic Opportunity Stephen Menke, Enology Specialist Food Science and Human Nutrition College of ACES (Agricultural, Consumer, and Environmental Science) University of Illinois, Urbana-Champaign Bonnie Cissell, Executive Director and Marketing Specialist Illinois Grape and Wine Resources Council Imed Dami, Viticulture Specialist Plant and Soil Science Department Alan Dillard Limestone Creek, Jonesboro, Illinois Kyle Harfst Rural Enterprise and Alternative Agriculture Development Initiative The Office of Economic and Regional Development Southern Illinois University, Carbondale, Illinois The Indiana Wine and Grape Council The Missouri Grape and Wine Program Updated 2008 by Bradley Beam University of Illinois Enology Specialist 1 TABLE OF CONTENTS INTRODUCTION ...............................................................................................................................
    [Show full text]
  • Justin R. Morris Vineyard Mechanization Symposium ~ Proceedings ~
    Justin R. Morris Vineyard Mechanization Symposium ~ Proceedings ~ February 2-3, 2008 Midwest Grape and Wine Conference Osage Beach, Missouri Sponsors Institute for Continental Climate Viticulture and Enology College of Agriculture, Food and Natural Resources, University of Missouri-Columbia The Justin R. Morris Vineyard Mechanization Symposium Honoring Dr. Justin R. Morris Dr. Morris is currently Distinguished Professor and Director of the Institute of Food Science and Engineering at the University of Arkansas. He has directed his research toward developing processing, handling, harvest and production systems for numerous fruit crops, but is best known and held in high regard for his work on grapes and wine. Throughout his academic endeavors, he has consistently maintained focus upon the importance of final product quality. Earning his doctorate from Rutgers University in 1964, Dr. Morris has now provided research, teaching, leadership and service to the grape and wine industries for over 40 years. The culmination of his research was the development of the Morris-Oldridge Vineyard Mechanization System, which was patented by the University of Arkansas in 2002 and acquired for commercial production by the Oxbo International Corporation shortly thereafter. He continues to publish research results from experiments with this system, and other industry-oriented publications as well. Dr. Morris is well recognized as a leader in the U.S. grape and wine industries. His efforts will continue to benefit untold numbers of persons in these industries for decades to come. Proceedings of the Justin R. Morris Vineyard Mechanization Symposium February 2-3, 2008 Midwest Grape and Wine Conference Osage Beach, Missouri Editors: R. Keith Striegler Andy Allen Eli Bergmeier Jackie Harris Sponsors Institute for Continental Climate Viticulture and Enology College of Agriculture, Food, and Natural Resources, University of Missouri-Columbia Cover photo: Pruning machine operating on high-trained vines in central Missouri.
    [Show full text]
  • Annie Edgerton – Wines of the US Outlier States
    8/28/2018 New Frontiers of the U.S. Wine Industry Annie Edgerton, CSW, CS, WSET III @WineMinxAnnie A MAIN REASON I TRAVEL… 1 8/28/2018 . They called us “VINLAND” . First vinifera: 1629 in New Mexico . 1802 successful Catawba in Ohio – renowned sparkling . Fungal disease issues drove industry to Lake Erie/Finger Lakes—New York . 1769: California by Spanish Catholic Missionaries, “Mission” . French immigrant Jean-Louis Vignes imported French vines . 1851: 40k vines making 1,000 barrels a year . 1920-1933: Prohibition . 1919: 55 million gallons > 1925: 3.5 million gallons . Post-prohibition: sweet jug wines ~ AVA system (late 1970s) ~ UC Davis ~1976 Judgement of Paris Currently 242 AVAs in the U.S. Map: vineyards.com 2 8/28/2018 . 11.4% abv TA: 8.6 pH: 3.32 . MLF, then 15 mo. sur lie in neutral barrels (weekly bâttonage) . Brut: 15 g/l . 183 Cases . Bottled: 7/21/14 – Disgorged: 5/1/16 . 100% Estate fruit . SRP: $50 xxx . IS FROM… . Industry began in 1983: 1 winery making blueberry wine . Now 21 wineries . Mostly near south-western coast . Wine from grapes, native fruits, even maple syrup 3 8/28/2018 . Founded late 1990s ~ New ownership 2007 . Aaron Peet, winemaker . 5.5 ha: Frontenac, Frontenac Gris, Marquette, etc. 2012: first harvest . 2013 BdB: 30% Cayuga White, 29% Frontenac Gris, 26% Frontenac Blanc, 15% Seyval . 9 whites, 15 reds, 2 sparkling, 4 dessert . Symbol: hobo mark . Located 4 miles inland from Penobscot Bay, topsoil over heavy clay, netting important, cane- trained VSP . State-of-the-art winery . Donation/sponsorhip efforts .
    [Show full text]
  • Development of Flavonoid Compounds in Norton and Cabernet Sauvignon Grape Skins
    Development of Flavonoid Compounds in Norton and Cabernet Sauvignon Grape Skins during Maturation A Thesis Presented to The Faculty of the Graduate School At the University of Missouri In Partial Fulfillment Of the Requirements for the Degree Master of Science By NICOLE ELIZABETH DOERR Dr. Reid Smeda, Thesis Supervisor May 2014 The undersigned, appointed by the dean of the Graduate School, have examined the Thesis entitled DEVELOPMENT OF FLAVONOID COMPOUNDS IN NORTON AND CABERNET SAUVIGNON GRAPE SKINS DURING MATURATION Presented by Nicole Elizabeth Doerr A candidate for the degree of Master of Science And hereby certify that, in their opinion, it is worthy of acceptance. Reid Smeda Professor Misha Kwasniewski Assistant Professor Wenping Qiu Adjunct Professor ACKNOWLEDGEMENTS I would like to thank my advisors, Dr. Reid Smeda and Dr. Misha Kwasniewski, for their willingness to take me on as a graduate student. Their insight and knowledge was extremely helpful these past couple of years in furthering my understanding of grape and wine. I would also like to thank my other committee member Dr. Wenping Qiu for his valuable insight. Additionally, I would like to thank all the past and present faculty, staff, and students of the Grape and Wine Institute. In particular, Dr. Anthony Peccoux and Dr. Ingolf Gruen, thank you for your guidance and encouragement. I would also like to thank Ashley Kabler for her help on my research projects. Thank you for your hard work, and friendship; without it I might still be picking and peeling berries. To my fellow graduate students: John, Ashley, Spencer, Tye, Andres, Hallie, Michael, Erin, and Jackie, thank you for your help with statistics, classes, papers, abstracts and presentations.
    [Show full text]
  • Jowler Creek Vineyard and Winery: Uncorking Sustainable Growth in the Boutique Wine Industry
    Jowler Creek Vineyard and Winery: Uncorking Sustainable Growth in the Boutique Wine Industry Michelle Mullins Santiago Assistant Professor Department of Agricultural and Industrial Sciences Sam Houston State University [email protected] Michael Sykuta Associate Professor Department of Agricultural Economics University of Missouri [email protected] Prepared for the 2009 AAEA Graduate Student Section Case Study Competition Milwaukee, WI July 26‐27, 2009 Copyright © 2009 by Michelle Mullins Santiago and Michael Sykuta. All rights reserved. Readers may make verbatim copies of this document for non-commercial purposes by any means, provided that this copyright notice appears on all such copies. Introduction On a Saturday morning late this spring, Colleen and Jason Gerke, owners and operators of Jowler Creek Winery, could be found walking together through their vineyards toward their tasting facility. They were reflecting on how quickly the past year had flown by; their winery was officially three years old, their tasting room facility would soon be celebrating its first birthday, their newest wine “Butterfly Blush” was a 2008 award‐winning wine, and they would soon be releasing their newest batch of Vignoles wine to retailers. While the Gerke’s were thrilled with the growth and success the winery had been achieving, they were also pensive; how could they continue to surpass the level of success they had, but maintain the winery’s focus on product quality and sustainability, especially given the tumultuous economic outlook and the ever changing regulatory environment of the United States wine industry ? Whatever the solution, they concluded, “We have to maintain the quality of our wines.
    [Show full text]
  • Grape Varieties for Indiana HO-221-W Purdue Extension 2
    PURDUE EXTENSION PURDUE EXTENSION HO-221-W Grape Varieties for Indiana Bruce Bordelon Matching the variety’s characteristics to the site climate Purdue Horticulture and Landscape Architecture is critical for successful grape production.Varieties differ www.hort.purdue.edu significantly in their cold hardiness, ripening dates, All photos by Bruce Bordelon and Steve Somermeyer tolerance to diseases, and so on, so some are better suited to certain sites than others. The most important considerations in variety selection are: Selecting an appropriate grape variety is a major factor for successful production in Indiana and all parts of • Matching the variety’s cold hardiness to the site’s the Midwest. There are literally thousands of grape expected minimum winter temperatures varieties available. Realistically, however, there are only • Matching the variety’s ripening season with the site’s a few dozen that are grown to any extent worldwide, and length of growing season and heat unit accumulation fewer than 20 make up the bulk of world production. Consistent production of high quality grapes requires The minimum temperature expected for an area properly matching the variety to the climate of the often dictates variety selection. In Indiana, midwinter vineyard site. minimum temperatures range from 0 to -5°F in the southwest corner, to -15 to -20°F in the northwest This publication identifies these climactic factors, and and north central regions.Very hardy varieties can then examines wine grape varieties and table grape withstand temperatures as cold as -15°F with little injury, varieties. Tables 1, 2, and 3 provide the varieties best while tender varieties will suffer significant injury at adapted for Indiana, their relative cold hardiness and temperatures slightly below zero.
    [Show full text]
  • Vine and Table Indiana
    Vine And Table Indiana Thadeus tritiates unreflectingly if flagrant Cheston floodlight or remedies. Odie guiding his portraits debunk greyly, but uncrystallisable Brodie never cartoon so paniculately. Telescoped and restriction Wyatt adduces while fanatical Rockwell overplies her exuviae mother-liquor and restring sixth. But moved to consumers are referred to receiving marketing messages by tripadvisor for indiana and vine vigor of wine Get a table. Paul Marcus Wines Oakland CA Table Wine Merchant Pacifica CA. So, no matter what your child is in the mood for, you can probably make it happen! Vino Villa Home. Anne Vidaver and Gary Yuen and Drs. Welcome patient friends and followers of Westfield Wine Vault. We have them all. Not be sold by this. Finger Lakes series for wine grapes for New York. 201 Ardbeg Day Tasting Carmel Indiana 2 JUN 201. Place of Oswego, New York who was a local horticulturist and friend of Worden. Beer produced pursuant to vine salaries paid by a table in indiana attorney general todd rokita keeps job? Share another even before that go. This section may be sold or barrel reserve a small producer and clearly identified and wish to your door that as good wine, and importing bulk wine. Pedigree: The parentage of this variety is uncertain. Because systemic insecticides last a few months inside plants, a second application may be needed in areas where the growing season is extended. Are you sure you want to do this? Below is list list underline the fang and leading Bottleshops in Indianapolis. It is indiana is closed for tables whenever you! Traminette wine has been chosen by the Indiana Wine Grape Council chairman the.
    [Show full text]
  • How the Dormant Commerce Clause Limits the Twenty- First Amendment
    PRUNING DIRECT SHIPPING BARRIERS FOR OPTIMAL YIELD: HOW THE DORMANT COMMERCE CLAUSE LIMITS THE TWENTY- FIRST AMENDMENT I. INTRODUCTION Prior to 2005, all wine connoisseurs told the same story at dinner.1 While vacationing in Napa Valley, a couple from New York falls head- over-heels in love with a particular bottle of wine. The couple has never seen the bottle in New York retail stores, nor will they, because as it turns out, the winery is the exclusive distributor of this rare boutique wine. They buy the bottle, but it breaks in transit to New York. At- tempting to re-purchase the bottle online, the couple learns that New York only permits wineries with in-state retail outlets to ship wine through the mail.2 Certainly, New York promotes the direct shipment3 of wine, just not from the many wineries residing outside its border.4 This particular statutory conundrum was not unique to New York, as many states5 maintained similar regulatory systems designed to insulate 1 See, e.g., Robert L. Jones III, Note, Constitutional Law Direct Shipment of Alco- hol Well-Aged And Finally Uncorked: The Supreme Court Decides Whether The Twenty-first Amendment Grants States The Power To Avoid The Dormant Commerce Clause. Granholm v. Heald, 125 S.Ct. 1885 (2005), 28 U.ARK LITTLE ROCK L.REV. 483, 483 (2006). See also, e.g., CAROL ROBERTSON, THE LITTLE RED BOOK OF WINE LAW: A CASE OF LEGAL STUDIES 105-07 (2008) (describing a common occurrence, with regard to shipping wine interstate, prior to 2005). 2 See Granholm v.
    [Show full text]
  • The Economic Impact of Indiana Wine and Wine Grapes – 2016
    THE ECONOMIC IMPACT OF INDIANA WINE AND WINE GRAPES – 2016 A Frank, Rimerman + Co. LLP Report December 2017 This study was commissioned by The Indiana Wine Grape Council The Purdue University Wine Grape Team The Indiana Winery & Vineyard Association Frank, Rimerman + Co. LLP The Wine Business Center, 899 Adams St., Suite E St. Helena, California 94574 / (707) 963-9222 www.frankrimerman.com/industries/wine-industry-research.asp Contributors: Joe Orlando, ASA, Cameron Hendricks, ASA, Neel Doppalapudi, Pete Greene, Anthony Zepponi ECONOMIC IMPACT OF INDIANA WINE AND WINE GRAPES TABLE OF CONTENTS Highlights ......................................................................................................... 2 Executive Summary ......................................................................................... 4 Methodology................................................................................................... 12 About Frank, Rimerman + Co. LLP ............................................................... 14 Frank, Rimerman + Co. LLP 1 ECONOMIC IMPACT OF INDIANA WINE AND WINE GRAPES FULL ECONOMIC IMPACT OF INDIANA WINE AND WINE GRAPES 2016 $604 Million Indiana Wine and Wine Grapes 2016 Economic Key Statistics Impact Full Time Equivalent Jobs 3,919 Wages Paid $120.43 million Wine Produced (Gallons) 2,398,771 Retail Value of Indiana Wine Sold $95.05 million Vineyard Revenue $0.59 million Number of Wineries and Tasting Rooms 116 Grape Bearing Acres 600 Wine-Related Tourism Expenditures $93.90 million Number of Wine Related
    [Show full text]
  • Getting to Know Indiana Wines
    Week 1: Getting to Know Indiana Wines Purdue Agriculture > Agricultures Magazine > Week 1: Getting to Know Indiana Wines ► Features​ Fa TwLinEmPriAd 45Share Spring 2016 Issue Not Your Average Summer Job Table of Contents Ag students with no​ farm experience? We've got ► Printable PDF them covered ► Through the Grapevine Week 1: Getting to Know Indiana Wines Week 2: Mind the Vines— Preventing Herbicide Drift Week 3: Picking at the Peak Week 4: Serving the Nation— the History of Indiana Winemaking Week 5: Weathering Climate Change—Indiana Warms Up t takes moxie to grow wine grapes in the Midwest. to Wine Grapes I ► Ag Periodicals Week 6: From Vine to Wine— Destination Purdue How Wine is Made at Purdue Connections Week 7: A Drink to Your Yet nestled among Indiana's acre​s of cor​n and soybeans, squeezed between hog operations Health and strip malls, is a thriving wine industry. ► Purdue Ag News Week 8: Detecting Defects Ag News RSS Feed Week 9: Buying Wine—a Guide for the Frightened In this multimedia series, we give you the insider's eye on Indiana wines. Tune in each Week 10: Pass the Cheer— Tuesday for a snobbery-free exploration of a host of viticulture and enology topics including Wine Recommendations for the Holidays herbicide drift, climate change, cork taint and polyphenol antioxidants. Whether you're a college student who's bored of the keg, a know-how-it's-grown foodie, or Video ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ someone who wants to face the wall of bottles at the supermarket without breaking into a sweat —this series is for you.
    [Show full text]