Wine law untested in early going

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?

The bottom line is this: Government agents will not break down your door if you bring home that 25th case of Two Buck Chuck. But if you order more than 24 cases of wine in a year and have it delivered directly to your door from a winery, you could face a fine.

State legislators added the purchase limit in 2007 (and amended it in 2008 to clarify the size of the bottles) when they were trying to figure out how to regulate wineries shipping directly to Ohioans.

"This was to prevent massive shipments to individuals," said Donniella Winchell, executive director of the Ohio Wine Producers Association. "The level was set to establish what would seem to be a reasonable amount for personal use."

The U.S. Supreme Court ruled in 2005 that states can't block direct sales from out-of-state wineries if they allow them for in-state wineries. Ohio had blocked sales from out-of-state wineries if their products were available in retail stores here.

So, legislators approved the S (for supplier) license: 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.

People who buy most of their wine at a supermarket or wine shop have nothing to fear, said Chris Paparodis, a Columbus lawyer who specializes in liquor regulations.

"No. 1, they don't know how much you buy from a local retailer," he said of the state.

"Second, if you're a nonpermit premises -- a residential home -- they need a search warrant to come into your premises. I'm not sure they would know to do that if you're buying three cases of wine a month from the local grocery store."

In Ohio, households can't buy more than 24 cases of 12 bottles of 750 milliliters of wine a year.