More than anything else, I get emails asking about Arkansas' shipping laws. If you've ever tried to get wine shipped into the state, you know that it's almost impossible due to a set of out-of-date laws.
Current state legislation allows for wineries to ship up to one case of wine in a calendar year to an Arkansan who bought the wine while on-site at the winery. Does that mean you can stroll over to Napa Valley and get a case of whatever you like sent back home? Not exactly.
Prior to shipping, the winery will need to apply for and be granted a Wine Shipping Permit by the state Alcohol Beverage Control (ABC), the government organization that oversees Arkansas wine law. The winery must also collect local sales tax, in addition to the $0.75 per gallon wine excise tax, 6.5% state sales tax, and 3% liquor sales tax. Any shipping of wine bought over the phone or via the internet is illegal. Now, I'm neither a lawyer nor a member of the state Legislature, but I am a drinker and I think the limits on shipping are ridiculous. (For the record, I have no qualms with the tax structure.)
Thankfully, organizations like the National Association of Wine Retailers (NAWR) are working to change them. The NAWR advocates for smart policy decisions across the country when it comes to wine, especially in terms of shipping. Currently, only 15 states allow the direct shipment of out-of-state wine. The NAWR tries to change arbitrary and archaic laws through lobbying, media, lawmaker education, and, when necessary, litigation where states blatantly violate the Commerce Clause in their bans on out-of-state shipping.
You see, when state laws ban out-of-state wine shipments, it's wine lovers who are harmed the most. Arkansas wine shops only have access to a small fraction of the beers, wines and spirits available nationwide, and what we do have is often sold at a higher price than in other markets. (Step into a wine shop across the river in Memphis or down in Dallas, and you'll notice some surprising price tags.)
Meanwhile, wine shipping bans also harm Arkansas' wine retailers. While big-box stores scoop up more and more alcohol sales that once went to independent wine shops, the only real way for these small stores to compete is via out-of-state online sales. I experienced this first-hand when selling wine in Little Rock. It was a common occurrence for out-of-state customers to try to buy wine from us, only to be told "no" once it was clear where the buyer lived.
Personally, I'm optimistic that we'll see change on the national level. In 2019, the Supreme Court struck down a Tennessee law that required two years of residency before issuance of an alcohol retail license, a first step to broader change. How long will it take for that change to come to Arkansas? Only time will tell, but with luck and a little action on the part of readers like yourself, I think there's a reason for hope.
As always, you can see what I'm drinking on Instagram at @sethebarlow and send your wine questions and quibbles to sethebarlowwine@gmail.com