N.H. Lawmakers Mull Who Should Be Allowed to Ship Wine Directly to Consumers

Concord — Some wine lovers who look forward to getting new vintages in the mail would be affected if lawmakers approve a bill that would remove “retailers” from the list of those who are allowed to ship wine into the state.

Joseph Mollica, chairman of the New Hampshire Liquor Commission, said the change is aimed at “brick-and-mortar” sellers in other states who compete with state liquor stores and other stores selling wine.

“A winery that sells wine isn’t a retailer. A wine club that sells wine isn’t a retailer. But a large big-box store is a retailer,” he said on Monday.

The bill, Senate Bill 353, would alter the existing law by removing the word “retailer” from the list of out-of-state groups that can get licenses to directly ship wine into New Hampshire, impacting customers who order wine by mail.

In testimony before the Senate Commerce Committee last month, Mollica said the bill would affect “about 81” of 1,174 institutions that have the licenses. But those 7 percent of license holders account for about one-quarter of the annual $11.3 million of “direct ship” sales in the state.

“We are looking to protect our retailers and tax structure,” Mollica told the committee, which is expected to vote on the bill soon.

The question of whom would be affected by the law came up during the hearing, when John Dumais of the New Hampshire Grocers Association expressed concerns that it would inadvertently hurt some retail stores inside New Hampshire without a tweak of the wording. “Retailer” is not specifically defined in existing law or the bill.

The National Association of Wine Retailers has taken a stand against the bill, arguing that it is unnecessary because New Hampshire residents are willing to pay shipping costs for out-of-state wines only “if they can’t find what they want locally” and that the bill would limit their access to out-of-state wines and raise costs.