Quotulatiousness

January 4, 2010

Ohio moves to protect wine drinkers from themselves

Filed under: Bureaucracy, Law, USA, Wine — Tags: , , — Nicholas @ 09:10

Ah, those Ohio wine drinkers . . . they must be consuming wine at much higher than the national average. How else can you account for the state government legally imposing limits on how much wine you can buy each year?

As laws go, Ohio’s limit on wine purchases appears to be simple:

“No family household shall purchase more than 24 cases of 12 bottles of 750 milliliters of wine in one year.”

That’s 288 bottles per year — plenty for most people. But it raises questions if you’re a collector, entertain a lot or just prickle at the thought of another government regulation.

How do they know how much wine I buy? Why do they care? How many cases have I purchased this year?

Of course, the limit isn’t really a limit: there’s no mechanism to track your actual purchases from retailers, Ohio drinkers, it’s only to limit sales direct from wineries to consumers. This limit was introduced after the US Supreme Court decision a few years back which struck down state-level restrictions on shipments from out-of-state wineries.

In several ways, it’s a typical bureaucratic response to a non-issue, providing work for several new civil servants, requiring uncompensated form-filling and legal compliance on the part of the sellers (over and above the normal requirements for selling alcohol), and being remarkably ineffective, to boot:

All wineries or importers for wineries that produce fewer than 250,000 gallons per year pay the state $25 for a license that allows them to ship directly to customers here. They have to pay the state’s alcohol and sales taxes. They also have to tell the state who received the wine — and how much that person got.

The Ohio Division of Liquor Control, which receives the reports on wine sales from the S permit holders, uses the reports to determine whether someone might be violating the purchase limit, said Matt Mullins, a spokesman for the division. “It’s the division’s interpretation that it’s related to the amount of wine shipped from an S permit holder. That’s what we believe the intent (of the law) was.”

The reports are due each year in March, he said, and the first came last year. No one was flagged as a violator.

If the reports did show that someone had purchased too much wine by mail, Mullins said, the information would be turned over to the Ohio Department of Public Safety Investigative Unit, which enforces state alcohol laws. The law allows a fine of up to $100 if someone is found guilty.

I’m not at all in favour of this sort of legalistic bullshit, but if they’re going to go to the effort of setting up this system, it’s farcical to — a year or more after the fact — track down a “perpetrator” and then fine them “up to $100”. A hundred bucks wouldn’t pay the state for the time and effort to track down that criminal mastermind who legally ordered an extra case of wine . . .

Of course, the statist’s response would be to substantially increase the fines, rather than dismantle the whole ridiculous tracking system.

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