Minnesota Wine Law and Politics tag:blog.lib.umn.edu,2010-06-16:/hung0025/law//3882 2010-06-21T18:44:26Z Interesting notes on the Minnesota wine industry Movable Type Enterprise 4.31-en I've Moved!! tag:blog.lib.umn.edu,2010:/hung0025/law//3882.238135 2010-06-21T18:43:41Z 2010-06-21T18:44:26Z I have moved to http://mnwinelaw.blogspot.com/ Please visit me here. See you at my new abode!!... Venora Hung I have moved to http://mnwinelaw.blogspot.com/

Please visit me here.

See you at my new abode!!

]]> Farm Wineries in Minnesota tag:blog.lib.umn.edu,2010:/hung0025/law//3882.237955 2010-06-18T16:37:02Z 2010-06-18T16:55:36Z Farm Wineries are given a special status in Minnesota because our state wants to promote the fledgling farm winery industry. Through the years, I like to take an informal poll to see how many people in my social sphere know... Venora Hung Farm Wineries are given a special status in Minnesota because our state wants to promote the fledgling farm winery industry. Through the years, I like to take an informal poll to see how many people in my social sphere know about Minnesota wine...and the answer is: not many. The first response I always get is, "Really? How?" and the second question that always follows is whether it's actually any good. Well, why wouldn't it be? If people chug down all those Two Buck Chucks, they ought to know that Minnesota wine is, of course, just as good.

Farm Wineries are given special status, which means they can:

  • sell their products on Sundays between the hours of 12 noon and 12 midnight;
  • sell via the Internet, up to two cases per customer, as permitted in Minnesota Statutes,
  • section 340A.417;
  • operate a restaurant or other establishment (a change passed in the 2007 session);
  • give free samples to visitors; and
  • import, with special permits issued by the commissioner, additional grapes to add to their
  • crops in an off-year for farm production.

To get the full report from the Minnesota House of Representatives Research Department, click here.

Minnesota Statute 340A.315 Farm Winery License may also be of interest.

It is important to note that this statute will most likely be revisited in the future. Currently, many farm winery owners are concerned about market access if they are only allowed to give samples of their wine at non-profits with a per event liquor permit from their local government unit. This limits the number of people that will be exposed to Minnesota wine.

]]> Wine as Raffle Prizes tag:blog.lib.umn.edu,2010:/hung0025/law//3882.237737 2010-06-16T16:33:44Z 2010-06-18T16:16:58Z We've all been to an event where someone is raffling wine off as a raffle prize. How does this all work? Apparently, the first thing to note is that there are laws and regulations governing raffles. Click here for all... Venora Hung We've all been to an event where someone is raffling wine off as a raffle prize. How does this all work? Apparently, the first thing to note is that there are laws and regulations governing raffles. Click here for all the rules.

Non-profit organizations can try to fundraise by having wine as a prize. The exact language of the statute can be found here.

I like participating in organizing events to raise money for charities I believe in so this information is good to know. In a handbook provided by Minnesota's Alcohol and Gambling Enforcement Division, they note these items:

An organization may award wine, beer, or intoxicating liquors as a raffle prize if:

• funds from the raffle are dedicated to the charitable purposes of the organization;
• the number of raffles or silent auctions at which alcohol is awarded is limited to not more
than six occasions per year; and
• the alcohol may only be raffled to persons who demonstrate that they are 21 years of age or older and do not show signs of obvious intoxication.

The law that allows alcohol prizes at raffles does not authorize on premise consumption of alcohol. So, make sure the winners of your raffle prizes don't turn around and chug down that bottle of wine unless you've already applied for the appropriate licenses.

]]> It's been too long tag:blog.lib.umn.edu,2010:/hung0025/law//3882.237658 2010-06-15T20:27:02Z 2010-06-15T20:29:21Z I came across this article today. I need to find out more about new Minnesota Vineyards. I am pretty sure I didn't know about White Rabbit Vineyards in 2007. I will report back on any new findings!... Venora Hung I came across this article today. I need to find out more about new Minnesota Vineyards. I am pretty sure I didn't know about White Rabbit Vineyards in 2007. I will report back on any new findings!

]]> Minnesota Wine with Dinner tag:blog.lib.umn.edu,2007:/hung0025/law//3882.92865 2007-10-13T02:54:52Z 2007-10-13T02:58:04Z First off, I am envious of the people that find the time to blog every day. Why am I not as disciplined? A couple years ago it occurred to me that I can never just buy wine at the grocery... Venora Hung First off, I am envious of the people that find the time to blog every day. Why am I not as disciplined?

A couple years ago it occurred to me that I can never just buy wine at the grocery store along with my Nutella and rice crackers. Here's why and Minnesotan's are working on the issue.

]]> Grape Expectations tag:blog.lib.umn.edu,2006:/hung0025/law//3882.54616 2006-09-30T01:24:01Z 2006-09-30T01:28:41Z A great article about the U of M's contributions to wineries in Minnesota! Check out these Minnesotan wineries!... Venora Hung A great article about the U of M's contributions to wineries in Minnesota!

Check out these Minnesotan wineries!

]]> Boalt has a Wine Law Course... tag:blog.lib.umn.edu,2006:/hung0025/law//3882.53427 2006-09-20T01:12:29Z 2006-09-20T01:35:31Z I may be wrong, but it seems that Boalt is the only law school that has a wine law course. And I'm very impressed with all the information it covers: Prohibition, 21st Amendment jurisprudence to regulatory systems, wine labeling, appellations... Venora Hung I may be wrong, but it seems that Boalt is the only law school that has a wine law course. And I'm very impressed with all the information it covers: Prohibition, 21st Amendment jurisprudence to regulatory systems, wine labeling, appellations of origin, land-use planning and international trade policy. Professor Mendelson teaches this course. His bio is very interesting.

It would be interesting to get a panel started at the University of Minnesota Law School. I don't know who to talk with about this first. Perhaps I can talk to Dean Keyes to get things started. I want it to have a very "Minnesota" focus.

My current vision: I see so many student organizations working on this. I can talk with the Business Law Association as there is a definite business aspect to this. I can also get the Real Estate Law Association involved because there are land-use issues that would be of interest to many students. Also - the potential international trade policies/business issues. How exciting to think of exporting Minnesota wine to China! Also, I want to get the U of M Wine Grape Breeding Program involved. So far, the University of Minnesota has four grape varieties: Frontenac, Frontenac gris, La Crescent, and Marquette. It would be interesting to get them to talk about the research and perhaps get the University of Minnesota general counsel involved to discuss the trademarking/licensing components. Also the large community as well. I am sure the Minnesota Grape Grower's Association would have a lot to add. I would have to look up other types of associations as well - I am sure wine shops, wineries, etc. all have legal issues that I could focus on. I think the overall topic should be about Minnesota's growing wine industry. Also it would be great to promote the wine industry to faculty, staff and students. Not everyone knows how innovative Minnesota wine is...I mean c'mon...this stuff grows in the frost! Cooler than "Ah Bing" cherries. I can also bring in the people from the Institute of Justice that helped fight for Minnesotans to be able to advertise and order wines online. I am excited...I'm going to e-mail Dean Keyes straight away.

]]> Advocacy Groups for "Freeing Grapes" tag:blog.lib.umn.edu,2006:/hung0025/law//3882.53253 2006-09-18T22:19:22Z 2006-09-18T22:49:47Z So confusing...seems that every state has different laws regarding the sale of wine. Some states have reciprocity rules, but you might be breaking the law if you're sending a bottle of wine from California to Alabama. Our Constitutional Law course... Venora Hung So confusing...seems that every state has different laws regarding the sale of wine. Some states have reciprocity rules, but you might be breaking the law if you're sending a bottle of wine from California to Alabama.

Our Constitutional Law course has been focusing a lot on state rights vs. federalism. This whole wine law issues seems so "backwards" to me. Why not allow the free trade between different states on wine law? It's not like we're in prohibition anymore. I need to find out, perhaps, what happened in recent history that makes these laws so bizarre. Seems strange that if my best friend in Alabama is getting married that I'd get thrown in jail for sending her a bottle of wine from a local winery in Minnesota. I found all this information on the Wine Institute Home Page. This site is more of an advocacy group for California wines...but the information is relevant to wine connoiseurs in Minnesota...especially for those people in Minnesota who were thinking of shipping wines to their friends.

Another general advocacy group is Free the Grapes. This is neat because they're taking on the perspective that a lot of wholesalers are basically pissed off that with wine being sold directly to the consumer, that they won't be making any money. So many wholesalers have lobbied the states to make it illegal for wineries to sell directly to the consumer. For wine lovers, this is a bad thing...why pay more for your wine than you really should? Again, I have to do a bit more research on this, not sure if this has become more of an issue after the popularity of internet sales.

I also found this on the state auditor's website.. Click on the Liquor Regulation. It is important to note that in general the adjusted wine price in Minnesota is 5-7% higher than in Wisconsin. I guess the next time I visit my dad in Eau Claire, I will be hanging out in the liquor store at Mega Foods comparing wine prices to the Byerly's in my neighborhood.

Okay back to the real world of law...when I have time, I have to do more research and comment. This is an unending nightmare...I keep finding more information I want to read up on and so keep archiving...

]]> Ordering Wine On-Line...good/bad? tag:blog.lib.umn.edu,2006:/hung0025/law//3882.53244 2006-09-18T22:11:36Z 2006-09-18T22:14:05Z Maybe the ability to order online is a bad thing? Check this article out. Wine sellers can't check how old you are, so underage people are able to purchase liquor over the internet.... Venora Hung Maybe the ability to order online is a bad thing? Check this article out. Wine sellers can't check how old you are, so underage people are able to purchase liquor over the internet.

]]> Institute for Justice - Minnesota Chapter tag:blog.lib.umn.edu,2006:/hung0025/law//3882.51170 2006-08-25T16:36:54Z 2006-08-25T16:45:25Z It appears that for a while, wineries could not advertise over the internet or engage in e-commerce, even though liquor stores can do so. Minnesota wineries could only rely on word of mouth and/or other forms of advertising to let... Venora Hung It appears that for a while, wineries could not advertise over the internet or engage in e-commerce, even though liquor stores can do so. Minnesota wineries could only rely on word of mouth and/or other forms of advertising to let people know of the existence of Minnesota wine. This is a bad predicament to be in since consumers are now getting used to and liking the act of buying over the internet. Litigation in Minnesota has led to victory for vintners and consumers to freely conduct their business in due course.

Check this out:
http://www.ij.org/first_amendment/mn_wine_speech/index.html

Also contains some good background on the Minnesota Wine Industry and other related information.

]]> New Beginnings tag:blog.lib.umn.edu,2006:/hung0025/law//3882.51166 2006-08-25T16:16:04Z 2006-08-25T16:28:27Z It is always interesting to see if you can go from amateur to expert simply by showing genuine interest in a topic. I'm starting law school in the fall and thought it would be interesting to chart my course and... Venora Hung It is always interesting to see if you can go from amateur to expert simply by showing genuine interest in a topic.

I'm starting law school in the fall and thought it would be interesting to chart my course and perhaps see how using wine as a topic can help me apply the knowledge that I will learn.

I spent an afternoon scouring the internet for articles on wine law and politics in Minnesota and did not find too much out there - at least not all in one place. I am inviting any readers to send articles of interest my way.

It appears that there are entire semesters of classes devoted to wine law in California. But alas, Minnesota is only now a growing wine industry (we established the Three Rivers Wine Trail (www.threeriverswinetrail.com) earlier this summer) so maybe perhaps...one day we will have our own wine class in Minnesota!

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