This column and next month’s will be dedicated to
a frank discussion of the Bureau of Alcohol Tobacco
and Firearms. If you have anything to do with
production or distribution of these items or you are
involved in a strange, non-mainstream religion you
know them simply as BATF. rhis is far from an
exposé since this information is documented in
many sources, but most often it is people in the
trade who truly know the insidious nature of this
beast (that is, when they are not on the front page
for killing lots of people in Waco).
In this issue 1 will provide some history and
background on the creation and development of BATF
and the actions they take that create havoc for
wineries, in particular.
The Rise of the BATF
You have probably already guessed that this
agency is the modern-day version of the T-men who
were charged with preventing the spread of hooch
during Prohibition. This 14 year period (1920-
1933) was marked by the likes of Eliot Ness and his
Untouchables (“If one of theirs sends one of yours to
the hospital, you send one of theirs to the morgue!”
Thank you very much Mr. Connery) chasing after the
drug runners of the time and generally (the movie be
damned) being not so effective. BAFT was given
oversight of firearms as well as liquor since guns
were involved in the transportation of booze. Why
tobacco was included, since it was and tenuously
remains a legal product, is somewhat unclear. I
guess the thinking was that the type of people they
were hiring for the Treasury Dept. and subsequently
BATF would never figure out that cigarettes were
actually bad for you, and that cigarette
manufacturers were (and proudly remain) some of
the worst bastards on the planet.
In 1933 the government realized that people were
going to drink, and having a law against it was
ridiculous when a lot of money could be made
regulating it. (Apparently politicians in the 30’s
were not as caught up in making practical issues
into moral issues as the politicians of today, who
can’t see the hemp for the THC.) So the 21st
Amendment was passed re-legalizing the production,
distribution, etc. of alcoholic beverages. To this day
this amendment is the most bizarre statement
contained in the Constitution. It states; “The
transportation or importation into any State,
Territory or possession of the United States for
delivery or use therein of intoxicating liquors, in
violation of the laws thereof, is prohibited.” Huh?
This sentence means the federal government
granted the states autonomy to do as they wish in
regards to intoxicating spirits, but at the same time
forbids the violation of states’ laws. So, the federal
government has the authority' to enforce laws that
the states choose not to. This is the only instance in
which federal agents are authorized to provide back
up or proxy enforcement. States can create laws and
choose whether or not to enforce them. The Feds can,
at their discretion, enforce the laws created by any
given state at any given time. It is a confusing mess.
Patchwork Legislation
What this has done is create a patchwork quilt of
laws regarding importation, distribution, sales and
even ownership of wine and spirits. States have
different laws on many topics, (speeding,
jaywalking, zoning, etc.) but laws pertaining to legal
trade of legal substances across state borders makes
for a nightmare for businesses and consumers. This
is one of many things that gets me very worried when
old Newt and his gang start talking about turning
everything back to the states. There is something
about a “smoothness” in laws from state to state that
I find mighty attractive. Don’t get me wrong, 1 am all
for states and localities having a big role in the
decision-making process but to allow states to create
legislation that will affect other states is a
dangerous game. I always thought the United in
front of the States was a pretty good idea.
Anyway, as it exists now there are regulations all
over the place that have been passed essentially by
people with lots of money to benefit themselves
(what a surprise). If you think that’s wineries,
think again. The joke goes, “How do you make a
small fortune in the wine industry ?” Answer, “Start
with a big one.” For every Gallo (and there’s only
one) there are hundreds of smaller wineries that are
just small businesses. For the most part laws
regulating liquor are passed for the benefit of the
distributors an d /o r the state itself.
Examples: Until September of 1995 it was illegal
for a winery in the state of Oregon to ship wine to a
consumer who lived in Oregon. If you lived in
Oregon and wanted wine from a California winery, no
problem. You could go to that favorite Oregon
winery' of yours and buy it and bring it home but
they could not send it to you. Oregon is one of 13
states that have what is called reciprocal laws. They
essentially say that it is okay for a consumer to buy
directly from the producer. If you know any thing
about the Oregon Liquor Control Commission (OLCC),
you probably know that there is a hierarchy that is
set up (like most states) where the distributor buys
from the producer, sells to the retailer who sells to
the consumer.
In states such as Georgia and Nevada a winery
must have a distributor (in Oregon that is not
required although the distributors are pushing hard
for it). Once you settle upon a distributor (you can
only have one) you cannot change distributors
without written permission from the state
government Sweet deal, huh?
In Washington the state sends out a form to many
Oregon wineries insisting that any winery which
shipped wine to a consumer in the state of
Washington (no more than 2 cases allowed) must
provide the state with the names and addresses and
quantities of everyone shipped to. Hello, Neo-
Prohibitionism.
In Florida, right now the Kingpin of worst states
with respect to free trade of wine and spirits, if you
want to move to Florida and bring your wine
collection you must write to the state and ask for
special permission to do so and then pay a
$2.35/gallon tax on the amount of wine that you
bring in. This is a wine you have already purchased
for your own consumption. If you have an arsenal
that would make a small country fearful of you,
bring it on down, no questions asked. Florida has
asked for the BATF’s help to enforce their
incredibly stringent laws. Shipments of wine have
routinely been seized and destroyed in Florida
because someone did not follow proper procedures.
Believe me, the list goes on and on. This is
supposedly a free nation. Alcohol, to the chagrin of
an increasingly large number of people, is legal, but
treated like an illegal substance. Our society is
headed in a bizarre direction. The war on drugs and
alcohol has become a war on thought Kids are
increasingly exposed to the idea that sex, drugs, and
alcohol are the wrong choices in all cases. Condoms
can’t be distributed in schools, wine and beer are
made to be pariahs and marijuana is the devil’s
weed. Yet violence is an essentially acceptable form
of expression and entertainment in our society. I
have to deal with the ramifications of political
bodies turning practical choices (the consumption
and enjoyment of wine) into moral crusades and I
know that what goes on is not good for business,
consumers or the way our country works.
Since this is such an uplifting topic 1 will
continue it next month and get into the other
insidious ways that the BATF and states have
collaborated to make enjoying the alcoholic beverage
of your choice increasingly tangled and difficult.
Closed
2 — Feb ?
Casual Dining
Overlooking the nestucca River
Spirits • Hot Sandwiches
Fresh Seafood Dinners • Home Baked Desserts
Live Music Every Saturday night
(5 0 3 ) 9 6 5 -6 7 2 2
pacific city , oreqom
I took the good times, I’ll take the bad times;
I love you just the way you are.
Billy Joel
Recommended Wines for the Month: After all
that nastiness you very well may need a nice glass of
wine. It is no secret that I loath the month of
February. It is a cold, dark month that all too
frequently dumps bad weather and snow on us.
There are no true holidays, only one complete fake
made up by Hallmark. My recommendation is to call
in with Februaryitis, pull the shades, lock the
doors, have the neighbors pick up your mail (it’s all
bills and maybe Valentine’s Day cards) and only
open the door for the pizza delivery person. Have
lots of wine on hand and appear again in March
which is a fine and decent month.
Trafford Tawny Port: Port is always something
to have on hand. A good glass of Port can completely
brighten one’s outlook on life. The Trafford Port
comes at the measly price tag of S il. It is a lighter
style Port but it has wonderful flavors. It is lightly
sweet with flavors of raspberry, dried cherries and
caramel leading into a pleasurable finish of
gingerbread and cinnamon. You can enjoy this one
over several days as the high alcohol percent will
keep it from oxidizing.
★ ★ ★
Northwest Best Places
A w a rd al E ita lia n e *
The Wine Spectator
1257 S. Hamlach
P . O . i u 45
C l i n i Beach. O E 9711«
(593)434-1179
Rosemont Shiraz 1994: One of the truly great
deals in wine available today! Shiraz is the
Australian version of Syrah and 1 frankly like it
better from down under than I do from France. This
is a big wine that is chewy and complex. Black
cherries, leather, coffee and bitter chocolate are
prominent in the mid-palate and the finish is softly
tannic with touches of spice and cedar. The Wine
Spectator gave it a “90” and it comes for $10 or less.
Adelshcim Pinot Noir 1994 Oregon: Maybe
the most consistent producer of high quality wines
in Oregon. Year after year this winery has top flight
wines. Their most recent release of Pinot noir is
from the famed 1994 vintage. This is a subtle wine.
Nice flavors of black cherries, blackberries and a
big rush of currants are complemented nicely by an
earthy quality that makes it understated, yet
elegant. Drinkable now but better in a year or so. A
good value from an excellent producer in a
wonderful vintage. $20.
----- Q
Cannon Beach
In Coaslcr Theater Courtyard
Established 1977
Featuring Northwest, California
A Imported Wines
Collector Wines From 1875
Through Current Vintages
Featuring Over 1000 Wines
Wine Racks, Glasses A
Wine Related Items
Wine Tasting
Every Saturday Afternoon
15 PM
Different Wines
From Around The World
Each Week
Open 11 AM-5 PM - Closed Tues
436*1100
124 N Hemlock
P.O. Bo« 6S2. Cannon Beach O R 171 10
I
Laurel's
Cannon
Beach
Wine Shop
263 N . Hemlock
(S 0 3 ) 4 3 6 -1 6 6 6
Where to get an Edge
Cannon Beach: Jupiter's Rare and Used Books,
Osburn's Grocery, The Cookie Co., Coffee Cabaña,
B ill's Tavern, Cannon Beach Book Co., Hane's
Bakerie, The Bistro, Midtown Café. Once Upon a
Breeze, Knoodlz & Cleanline Surf
Manzanita: Manzanita News & Espresso. Bayside
Gardens, Cassandra's, Pacific Coast Books & Coffee &
Nehalem Bay Video
Rockaway: Sharkey's
Tillamook: Rainy Day Books
Pacific City: The River House
Oceanside: Ocean Side Espresso
Lincoln City: T rilliu m Natural Foods, Driftwood
Library, & Eats 'n' Stuff
Newport: Oceana Natural Foods, Don Petrie’s Italian
Food Co., Café D IV A , Cosmo Café, Bookmark Café,
Newport Bay Coffee Co., Cuppatunes, Bay Latté,
Ocean Pulse Surf Shop, Coastal Coffee Co. & Canyon
Way
Eugene: Book Mark, Café Navarra, Eugene Public
Library. Friendly St. Market, Happy Trails, Keystone
Café, Kiva Foods, Lane C.C., Light For Music. New
Frontier Market. Nineteenth Street Brew Pub, Oasis
Market, Perry's. Red Bam Grocery, Sundance Natural
Foods, U o f O ,& WOW Hall
Corvallis: Not Necessarily News, & The
Environmental Center
Salem: Heliotrope, Salem Library, A The Peace
Store
Astoria: KMUN, Columbian Café, The Community
Store. & Café Uniontown
Seaside: Buck’s Book Bam, Universal Video, &
Cafe Espresso
Portland A ct III, Barnes & Noble, Belmonts Inn,
Bibelot A rt Gallery. Bijou Café, Borders, Bridgeport
Brew Pub, Capt'n Beans (two locations), Center for the
Healing Light, Coffee People (three locations).
Common Grounds Coffee, East Avenue Tavern, Food
Front, Goose H ollow Inn, Hot Lips Pizza, Java Bay
Café, Key Largo, La Pattisserie, Lewis & Clark
College, Locals Only, Marco's Pizza, Marylhurst
College, Mt. Hood CC, Music M illenium , Nature's
(two locations), NW Natural Gas, OHSU Medical
School, Old Wives Tales, Ozone Records, Papa Haydn.
PCC (four locations), PSU (two locations), Reed
College, Third Eye. TransCentral Library, & YW CA
Long Beach, WA: Pacific Picnics
Nahcotta, WA: Moby Dick Hotel
Duvall, WA: Duvall Books
Seattle, W A : E llio t Bay Book Co., Honey Bear
Bakery, New Orleans Restaurant, Still Life in Fremont,
Allegro Coffeehouse, The Last Exit Coffee House, A
Bulldog News
UPPER. LEFT EME FE&N1M.Y -litt
u