H.R. 5034 negatively affecting direct shipping of wine to consumers is gaining steam in Congress. An investigation by Wine Spectator reveals the campaign contributions from wholesalers fueling this battle. For more information read Wine Spectator’s: Support for Direct Shipping Restrictions Builds in Congress.

It’s horrible to be in a position wherein despite the fact my daughter suffered a brain hemorrhage, short term memory loss, a fractured skull, broken nose, broken ribs, loss of teeth, and deep facial lacerations, I was relieved to hear the words “she’s on a ventilator, but is expected live”. Two surgeries later, our family is blessed to have her home and recuperating. While her total healing process is expected to take 12-18 months, there are huge economic and emotional losses to recover from as well.

After having lived through this dreadful experience, spending many nights at her hospital bedside and wondering what words of comfort to offer her children who looked to me for words of hope, I am compelled now to post for the benefit of my winery, restaurant, and hospitality business readers how you may protect your business and life’s work from the risks and hazards that come from dealing with visibly intoxicated persons who senselessly create liability for your business. If you do not want to be in a position of having to “lawyer up”, let’s now visit what is important for you to know.

The Dram Shop Law in Pennsylvania makes it unlawful to serve liquor, malt, or brewed beverages to “any person visibly intoxicated”. Dram Shop is third party liability law which makes it possible for 2nd and 3rd parties to sue any person for a death, injury, or property damage. Establishments licensed to sell and serve alcohol are commonly referred to as “dram shops”. These establishments or “dram shops” are liable to third parties for damages inflicted by customers of the establishment, if the customer was sold, furnished or given liquor by the establishment when the customer was visibly intoxicated when served. Selling alcohol to a minor, selling to a visibly intoxicated person, selling alcohol after hours, or selling without a liquor license is unlawful in Pennsylvania. This Dram Shop statute is designed to protect the public at large as well as the person who consumes the alcohol.

If you’re a winery owner on a wine trail for example, and a VIP or “visibly intoxicated person” comes to your winery as well as several other wineries on the trail, and is involved in an automobile accident resulting in an injury to a third party, you and your business are now in the “hot seat”. The same is true if you are a restaurant or bar owner serving bar-hopping patrons who later leave in a drunken state, and kill themselves and or others. Because your establishment can be held liable for injuries it is in your best interest to be diligent in ensuring that intoxicated persons are not served more alcohol. In order for liability to attach, you must have actual knowledge or notice of a customer’s condition before liability is imposed. Thus its important to have your servers trained in alcohol awareness and to teach your staff the obvious signs of intoxication such as staggering, slurring words, loud speech, drinking too fast, etc. and even the more subtle signs that the untrained eye might not see. This kind of evidence helps to dispel the implication that a patron was served while visibly intoxicated.

The Pennsylvania Liquor Control Board created the Responsible Alcohol Management Program (RAMP) to help liquor licensees and their employees to serve alcohol responsibly. Ramp offers advice to restaurants, winery owners, hotels, clubs, distributors and special permit occasion holders to learn to avoid unnecessary liability and to detect signs of impairment and intoxication.

So as to avoid having your winery or hospitality business “lawyer up” in the face of such dreadful outcomes at the hands of intoxicated persons, protect your business and your life’s work by being vigilant in the sale of alcohol and the persons you hold accountable for seeing that your patrons drinking responsibly.

An American Viticultural Area is the American system of identifying wines in a manner similar to the French “Appellation d’Origine Contrôlée (AOC) system.   A concept  created in 1978, an American Viticultural Area (AVA) is a designated wine grape growing region distinguishable by geographic boundaries as defined by the U.S. Department of Treasury Alcohol Tobacco Tax and Trade Bureau (TTB). The TTB defines these regions at the requests of wineries and other petitioners who use the AVA designation on the wine label to denote the geographic origin of the grapes used to produce a wine.   To establish a viticultural area, it must be determined by the TTB that the geographic area is different from the surrounding areas.   The TTB designates these region decisions based on an area’s unique characteristics.    These areas include distinctive soil type, topography, climate, elevation and historical evidence that the region’s boundaries are legitimate. The viticultural area as regulated can encompass more than one county or more than one state.   An established AVA indicates that at least 85% of the grapes used to make a wine must be grown in the specified area.

Pennsylvania’s American Viticultural Areas include the following five regions:

Central Delaware Valley (NJ, PA)

Cumberland Valley (PA, MD)

Lake Erie (PA, OH, NY)

Lancaster Valley (PA)

Lehigh Valley (PA)

The next time you’re having a locally produced wine, check out its pedigree and find out whether you’re enjoying a Pennsylvania “AVA ” wine.   If so, what’s your favorite?

I get a certain level of enjoyment steering their minds off of California and New York wine regions. Instead, I use the opportunity to speak about Pennsylvania’s rich wine history. It’s a history that dates as far back as 1683, when William Penn first planted vinifera vines. I also get a kick out of letting them know that it was a 1793 meeting of the American Philosophical Society that records America’s first commercial vineyard in Pennsylvania as proposed by Frenchman Peter Legaux to encourage the domestic production of grapes, wines and knowledge of viticulture.

Then… there’s the law! In 1968, the State legislature enacted the Pennsylvania Limited Winery Act . The Pennsylvania Limited Winery Act was the beginning of commercial winemaking in Pennsylvania. It allowed for the establishment of wineries, which currently have a production limit of 200,000 gallons annually. The law also permits the operation of retail sales locations and direct sales to businesses and individuals. Many states in the U.S. now model their state’s legislation on Pennsylvania’s Act.

But the best is yet to come! Surprise! Surprise! Surprise! They soon learn that Pennsylvania is now home to about 120 licensed wineries and 150 grape growers producing approximately 14,000 acres of grapes! Together these Pennsylvania wineries contribute over $600 million dollars in commercial activity to the State.

Pennsylvania’s wine industry is the fastest growing segment of the State’s agricultural community. New world growers recognize that Pennsylvania’s unique climate and attributes allow them some of the best growing conditions to compete on a world level with new varietals appealing to the American palate.

Today, the Pennsylvania wine industry has grown in production. The State ranks fourth nationally for grapes grown and eighth in the nation for its wine production.  This growth has positioned Pennsylvania at the forefront of the U.S. Wine Industry. Pennsylvania’s vintners maintain a well established reputation producing a vast array of award winning varietals gaining critical acclaim nationally and internationally.

So, the next time you have that conversation with friends about distinctive wine regions and those inquiring minds want to know…skip California and New York. Boastfully, tell them about Pennsylvania’s wine industry and don’t forget William Penn.