CA SB 118: Just when you thought it was safe...

I missed an email I got from my favorite wine shop, K&L, last week; one that wasn't a regular update, but news of a much scarier nature, as I realized when I saw the message they sent out today. I guess I thought California was safe from all this crap, but we aren't. Anyway, it's a bill that's been passed by the CA Senate and is in front of the Assembly now. I guess it is expected to pass there and then it will go to Schwarzenegger, and he will probably sign it and then we are all in trouble. The passing of this bill will mean that retailers will be prevented from shipping wine in or out of state. It means that you, the consumer, might not be able to order wine from a retailer anywhere. To be blunt, this would suck.

The most recent K&L letter pretty much sums it up (I put it below) and if you live in CA and care about this you should definitely take action (information on what to do is in the letter below). You can see the actual text of the bill (in all its confusing legalese glory) here. I am not a politician or a lawyer, but if K&L is worried, I am worried.

Last week we interrupted you with a note about SB 118, a bill that we are deeply concerned about. We received a huge response and many questions of "what can I do" as a result of our message. K&L apologizes for this second political email, but we believe this bill has the potential to inflict serious damage to our company and your ability to receive wine shipments. It is for those reasons that we're sending this second email.

Part One: Reintroduction to SB 118
Part Two: What You Can Do
Part Three: Contact Links

Part One: Reintroduction to SB 118...

The CA Senate passed a bill on June 17th (SB 118) that is now before the Assembly and soon will go to the Governor. The new law will PROHIBIT direct shipment of wine from California retailers (and retailers anywhere) to California consumers.

California law currently allows ANYONE (including the anti-alcohol forces and the wholesalers) to ENFORCE the prohibitions of the ABC Act, which would include the new law. This new law endangers the ability of every merchant in the state (over 70,000 retailers) to sell wine for shipment to consumers and could in one fell swoop send the industry back to 1935. It cuts off consumer wine shipments from licensed and respected wine merchants all over the United States; that is as anti-consumer and anti-business as one can get. The recent amendment to SB 118 seals off California from interstate commerce in wine from the retailer tier of the industry.

Part Two: What You Can Do...

Cut and paste the template below (or create your own message) and send it to your legislators. At the end of the template we've provided contact links to your State Senator, Assembly Person, the bill's committee members, and Governor Schwarzenegger.

Dear [ name of legislator ] and Governor Schwarzenegger:

We have been told about SB 118, which makes it a crime in California to ship wine direct to a consumer unless the shipper has a direct shipping permit, which are ONLY issued to wineries throughout the US. We are not opposed to permits, but the fact is that retailers in California and elsewhere in the US are PROHIBITED from getting a direct wine shipper permit by this bill. That is WRONG.

This new law takes away our right to receive fine wines from wherever we can locate them. This new law seals off the California consumer from wine merchants in the rest of the country, and potentially from wine merchants in California because the new statute says that California retailers can't ship wine to consumers either. Wine merchants are the only source of older vintages and all of them are reputable and licensed and would be willing to pay California taxes, register with the state and assure that no wine is delivered to a minor.

We support the amendments to SB 118 proposed by the California Grocers Association. If this bill doesn't get fixed, we urge Governor Schwarzenegger to VETO the bill. This is anti-consumer and anti-business. If the system needs to be fixed, we urge you to fix it right and not to harm the entire wine industry in the process.

Sincerely,

[ your name here ]

Part Three: Contact Links...

Your Senator (there is a link on that page to a map that will help you find your State Senator if you are unsure)

Your Assembly Member (use the "Find My District" link on that page to help you find the appropriate person, or the "Member Directory" link if you already know)

SB 118 Committee Members

Governor Schwarzenegger