Why You Can’t Just Import Wine and Sell It Online: A Legal Reality Check for Florida Entrepreneurs
Frequently, we speak with enthusiastic entrepreneurs who dream of launching an online wine business—often importing boutique wines from Europe and selling them directly to consumers across the U.S. via a sleek e-commerce platform. Unfortunately, many of these dreams run headfirst into a wall of federal and state alcohol laws that make this business model nearly impossible without significant restructuring.
Here’s why.
The Three-Tier System: The Backbone of U.S. Alcohol Law
At the heart of the issue is the Three-Tier System, a regulatory framework that separates the alcohol industry into three distinct tiers:
1. Manufacturers (wineries, breweries, distilleries)
2. Distributors (wholesalers)
3. Retailers (stores, bars, restaurants)
In Florida—and most other states—these tiers are strictly enforced. A business cannot operate in more than one tier without specific exceptions. This means that an importer (Tier 2) cannot also act as a retailer (Tier 3) in Florida.
Why Importers Can’t Sell Directly to Consumers
Under both federal law (administered by the TTB) and Florida law, importers are not allowed to sell alcoholic beverages directly to retail customers. Instead, they must sell to licensed distributors or manufacturers.
One of the primary reasons states impose strict controls on alcohol distribution is to ensure they can collect excise taxes—a type of tax levied specifically on alcohol at the point of production or importation. Unlike sales tax, which is collected at the point of sale, excise taxes are assessed when alcohol enters a state or is produced within it. To protect this revenue stream, states restrict alcohol sales to in-state licensed businesses that are registered to report and remit these taxes. This is why direct-to-consumer shipments from out-of-state retailers are often prohibited: the receiving state has no way to enforce its tax laws or ensure compliance with its regulatory framework. These protections are deeply embedded in both state and federal law, making alcohol one of the most tightly regulated consumer goods in the U.S.
Online Sales: Limited by State Shipping Laws
In Florida and most other states, only businesses that are licensed as retailers can sell alcohol directly to customers.
Even if you manage to become a licensed retailer in Florida, your ability to ship wine across state lines is severely limited. As of June 2025, only 13 states plus Washington, D.C. allow out-of-state wine retailers to ship directly to consumers. These include: California, Connecticut, Florida, Idaho, Louisiana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, and Virginia. Out-of-state retailers cannot legally ship wine to customers in the remaining 37 states. A wine retail business trying to reach customers across the country must partner with a licensed retailer in each of those states or restructure your business as a winery (more on that below).
The Winery Workaround: Becoming a “Producer”
One legal workaround is to become a licensed winery. Wineries are allowed to ship directly to consumers in up to 48 states, thanks to more favorable laws. Some businesses achieve this by:
– Importing wine in bulk
– Bottling it locally
– Or purchasing “shiners” (pre-filled, unlabeled bottles) and applying their own labels
By completing the final step in the production process, they qualify as a winery under federal law and gain access to broader shipping privileges.
However, this approach requires significant infrastructure, licensing, and compliance with both federal and state excise tax laws.
Florida Licensing Requirements
If you’re not interested in becoming a licensed winery, and your really want to focus on selling to retail customers, your best bet is to become a licensed retailer and work with a licensed importer.
To operate as an online wine retailer in Florida, you’ll need:
– A 2APS license for off-premises retail sales of wine
– A commercial location (not your home) as your licensed premises
– Registration with the Florida Department of Revenue for sales tax
– A local business tax receipt from your city or county
– Possibly, out-of-state retailer permits for each state you plan to ship to
Final Thoughts
If you’re serious about entering the wine business, you’ll need to either:
– Make a choice between importing and retail sales, because you cannot legally do both,
– Limit retail sales to the 13 states that allow out-of-state retailer shipping and partner with in-state retailers in other states,
– Or consider becoming a licensed winery.
It’s not impossible—but it’s far more complex than most entrepreneurs expect.
Do you have any questions about importing or selling alcohol? Contact us to schedule a consultation with a beverage attorney.
Because we’re attorneys: Disclaimer. Originally posted 06/15/2025.
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