423 P.3d 309
Wyo.2018Background
- Traveling Vineyard, a wine company operating via Independent Wine Guides (IWGs), hosts private, in-home wine tastings in Wyoming; IWGs educate and promote but do not hold inventory or accept orders.
- IWGs order and pay for tasting bottles; hosts pour wine free to attendees; attendees may complete a "Survey & Interest Form" listing products and credit-card info, described as an "offer to purchase" to be accepted or rejected by a designated licensee.
- Traveling Vineyard pays IWGs based on leads, attendance, and post-event purchases; the Division of the Wyoming Department of Revenue contends these tastings violate Wyoming liquor statutes regulating "sale."
- The federal district court certified the question to the Wyoming Supreme Court: whether the statutory definition of "sell" or "sale" (Wyo. Stat. Ann. § 12-1-101(a)(xvi)) applies to Traveling Vineyard and IWGs' conduct.
- The Wyoming Supreme Court reviewed statutory interpretation de novo and framed the dispute as whether pouring wine and generating leads constitutes a "sale" under the statute's expansive definition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IWGs' in-home tastings constitute a "sale" under § 12-1-101(a)(xvi) | Activities are promotional/educational, not sales; statute doesn't list "promoting" or "educating" and requires transfer of title or consideration | Tastings are not "purely gratuitous"—wine is poured to obtain leads, contact info, and purchases; statute includes "pouring for value" and "offering for sale" | Held: Yes. Court ruled the statutory definition applies; tastings constitute "sale" because pouring and offering for purchase generate value/benefit to Traveling Vineyard |
Key Cases Cited
- Brock v. State, 394 P.3d 460 (Wyo. 2017) (standard: statutory interpretation reviewed de novo)
- Albertson's, Inc. v. City of Sheridan, 33 P.3d 161 (Wyo. 2001) (legislature may regulate sale of intoxicating liquors)
- Harrison v. Wyoming Liquor Comm'n, 177 P.2d 397 (Wyo. 1947) (state authority to regulate traffic in intoxicating liquors)
- Cellarmaster Wines of Mass., Inc. v. Alcoholic Beverages Control Comm., 534 N.E.2d 21 (Mass. App. Ct. 1989) (off-premises tastings can expose wines for sale as a marketing method)
- People v. Select Specialties, 740 N.E.2d 543 (Ill. App. Ct. 2000) (preference/order forms similar to invoices can support finding of a sale)