Wineries push for by-the-glass wine sales

By BILL O'BRIEN  2008-9-27 10:59:17

OLD MISSION -- Winery operators on Old Mission Peninsula want local officials to allow by-the-glass wine sales, currently prohibited under the township's zoning ordinance.

Peninsula Township's ordinance -- in more than one reference -- specifically prohibits sale of wine by the glass and bans any fee for wine tasting. Township residents also overturned ordinance amendments in recent years that expand commercial operations at local wineries.

"It's quite clear that the public does not want agriculture (operations) to become bars and restaurants," township planner Gordon Hayward said.

But winery owners contend the township is overstepping its legal authority in banning such sales. The wineries maintain that facilities licensed by the state Department of Agriculture as "wholesale food processors" can sell both food and wine for on-site and off-site consumption.

Such operations also must follow Michigan Liquor Control Commission rules that require the sale of wine for on-site consumption not exceed the value of food sales on the premises.

"We have the right to do it," said Ed O'Keefe Jr., founder of Chateau Grand Traverse winery in Peninsula Township.

The wineries said the township's ban encourages "freeloader" wine tasting, and prevents them from offering samples of their high-end and limited wines. A group known as the Wineries of Old Mission Peninsula, or WOMP, sent a letter to Peninsula Township this month that asks for steps to authorize wine sales by the glass.

"The ability for a winery to charge a customer for a glass of wine is a 'market' limit on freeloader tasting and, in effect, allows for responsible monitoring and control of the taster's wine consumption," WOMP said. "Since the Michigan Department of Agriculture license already permits wineries to sell wine by the glass, we believe the tools are in place to permit this practice in Peninsula Township."

Hayward won't concede the township's ordinance is in error.

"We think our ordinance is valid until we change it," he said.

But township officials have met with winery representatives to try to resolve the dispute.

"We're looking at a couple of different options," Hayward said.

O'Keefe approached LCC members last week at a state hearing held in Garfield Township. But state officials didn't seem anxious to take sides in the by-the-glass dispute.

"We've had this conversation a number of times," LCC Chairwoman Nida Samona said. "There are


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