Concern about threats
related to climate change is inspiring more consumers to make lifestyle changes
like going vegan, upgrading to electric cars, reducing plastic waste and
seeking more environmentally sustainable products. It’s also starting to affect
how consumers select their wine.
Surveys of wine consumers
in Canada, the U.S., Sweden and the UK are indicating a growing interest in
purchasing sustainably produced wine, favorable perceptions of sustainable
certifi-cation programs and certification logos, and a willingness to pay more
for sustainably pro-duced wine—particularly by Millennials and Gen Z.
For many Canadian
winemakers, however, their interest in sustainable winemaking began well before
consumers started paying attention.
According to veteran British Columbia winemaker Gordon Fitzpatrick, adopting environmentally sustainable practices isn’t just the right thing to do—it also makes good business sense. “Often, sustainable choices have economic benefits. It’s not mutually exclusive,” Fitzpatrick said. “Every little bit helps.”
Fitzpatrick has been in
the wine business since 1986 when he founded Cedar Creek Estate Winery. He sold
the majority of his vineyards to Mission Hill five years ago, but kept one
be-tween Peachland and Summerland. In 2017, he launched a new label,
Fitzpatrick Family Win-ery, using those grapes.
The boutique winery
focuses on sparkling wine and has approximately one-fifth of the produc-tion
capacity of Cedar Creek, topping out at about 10,000 cases at full production.
The shift into sparkling wine was a strategic choice to take advantage of the
vineyard’s unique microcli-mate.
“We lose the sun about two
and a half hours earlier than most other vineyards,” Fitzpatrick said. “That’s
why we specialize in sparkling wine. It creates that natural crisp acidity. I
call it shade’s gift.”
Fitzpatrick Family Winery
is located in the Thompson Okanagan region, British Columbia’s pri-mary
wine-growing region. The area boasts 84% of the province’s vineyards by acreage
and has over 200 wineries. Wine tours are a big draw for visitors to the
region. With the local tour-ism association increasingly spotlighting
sustainable tourism, wineries like Fitzpatrick’s are get-ting more recognition
for their environmentally friendly choices.
The Thompson Okanagan Tourism Association recently developed a sustainability pledge to identify and feature responsible tourism providers in the region, including Fitzpatrick Family Winery. Other wineries who have signed on to the program include Poplar Grove (https://www.poplargrove.ca/), Grizzli Winery (www.grizzliwinery.com) and Meadowvista (www.meadowvista.ca).
The region was also officially certified as the first destination in the Americas to achieve the Sustainable Tourism Accreditation from Biosphere International and the Responsible Tourism Institute. The certification criteria includes commitments to environmentally sustainable practices, including ensuring access to sustainable energy and adopting measures to mitigate cli-mate change.
Fitzpatrick Family Winery was a pilot winery for the program last fall, Fitzpatrick said, which included a thorough audit on water, energy and waste management practices.
“We think of ourselves as
good stewards of the land, but you always want to look at how you’re doing
things. They came up with some recommendations on how we can do things even
better than we currently are [doing them]. It was a very worthwhile process to
go through,” he said.
Recommendations ranged
from replacing big-ticket items like a 25-year-old water pump with a newer,
more energy-efficient model, to less costly initiatives like installing flow
meters to better monitor water usage, and expanding the winery’s compost program
to incorporate food waste from the on-site, seasonal restaurant.
The winery is also now
pursuing organic certification, following a recent $40,000 investment in
mechanical weeding equipment that will allow Fitzpatrick to stop using
herbicides in the spring.
In the last five years,
Fitzpatrick said consumer awareness of sustainable practices has changed
significantly. “People are much more aware and want to know what your practices
are, and are you being a good steward of the land,” he said. “it’s nice to be
able to stand be-hind what we do.”
Do Wine Consumers Care? Researchers Say Yes
According to market
research by Wine Intelligence, it’s not just hippies who are choosing more
socially and environmentally conscious purchases. Interest in organic, fair
trade and sustaina-bly produced wine is growing and is now considered
mainstream, particularly among consum-ers under the age of 45.
In the U.S., almost
three-quarters of consumers surveyed said they would consider buying
sus-tainably produced wine in the future. Seventy percent of Canadians agreed.
Nine out of ten millennial
consumers surveyed said they would be willing to pay an average of $3 more for
sustainably produced wine. The research found that sustainability
certifications for wine improved consumers’ willingness to buy.
The research was presented
at the first U.S. Sustainable Winegrowing Summit in Sonoma last June. In a
speech at the event, Wine Intelligence CEO Lulie Halstead outlined five key
concepts to “sell” sustainability to
consumers, highlighting how it’s good for people as well as for the
environment:
1. Focus on the small steps
producers and consumers can take today.
2. Frame sustainability as a
positive choice: talk about positive benefits.
3. Use groupthink for good:
invite customers to be part of a larger movement to make greener choices.
4. Appeal to feelings, not
facts: logic is not as persuasive as emotion.
5. Be brief: keep messaging
succinct.
The second edition of the
U.S. Sustainable Winegrowing Summit will be held this year on May 5-6 in Long
Island, New York. The event will feature tours of sustainable wineries in the
area, as well as a full conference program. Tickets are $50. More details are
online at https://www.sustainablewinegrowing.org/summit/.
British Columbia to Host Global Sustainable Tourism Conference
The Thompson-Okanagan
region is also hosting the 2020 Global Sustainable Tourism Confer-ence November
19-22—the first time the annual event will be held in Canada—at the Delta
Ho-tels by Marriott Grand Okanagan Resort in Kelowna.
The event will feature
expert speakers and panelists from around the world. Over 500 local, national
and international delegates are expected to attend, including destination
marketing professionals, airlines, travel agents, international media and
tourism-oriented business lead-ers.
According to President and
CEO of Tourism Kelowna, Lisanne Ballantyne, industry research indicates that
interest in sustainable tourism destinations is growing. She said recent
reports have found 87% of consumers want to travel sustainably, and 67% are
willing to pay more for travel that has a less negative impact on the
environment.
In 2019, for the second
year in a row, TOTA was named the World Responsible Tourism Award Winner at the
Annual World Travel Awards.
According to British
Columbia’s Minister of Tourism, Arts and Culture, Lisa Beare, the prov-ince’s
stunning scenery and unspoiled wilderness is a key draw for visitors from
around the globe, and the region’s tourism strategy reflects that.
“Our strategic framework
for tourism seeks to responsibly grow the visitor economy by re-specting nature
and the environment, and making sure that everyone sees the benefits of this
important industry,” Beare said in a press release about TOTA’s award win.
Last fall, the state of
Texas began the process of auditing all of their direct-to-consumer (DtC) wine
shipping licensees, the biggest such audit in the history of this market.
While all states reserve
the right to audit their licensees, the scope of this mass audit surprised
many. More than 1,600 wineries possess permits to ship directly to Texas
customers. Many have already received a notice from the Texas Alcoholic
Beverage Commission (TABC) requesting to review their records. This
time-consuming process began in September 2019, when the first round of notices
were sent, and will continue as the TABC reviews all permit holders to ensure
they are in compliance with the state’s laws.
At the heart of this
heightened regulatory scrutiny by Texas is the dramatic rise in popularity of
the DtC channel in recent years. Many wine drinkers have come to appreciate the
DtC wine shipping market for bringing a direct connection to their favorite
brands and greater access to wine clubs and highly-allocated labels, creating a
$3 billion national market.
The beverage alcohol
industry has long been one of the most regulated enterprises in the country, so
it is little surprise that this increased scrutiny has come to the DtC wine
shipping channel. States have a vested interest in making sure they collect the
full balance of tax money they are due and that their laws are followed to the letter.
As Texas’s audits proceed, they could well represent a harbinger of what’s to
come for DtC wine shippers, making it important to understand how and why
regulators are examining this market.
Even the Audits Are
Bigger in Texas
In May 2005, Texas Governor
Rick Perry signed into law Senate Bill 877, a transformative reform of the
state’s Alcoholic Beverage Code that smashed open the door for wineries to ship
directly to consumers in the state. Since then, wine enthusiasts in Texas have
been able to purchase wine directly from out-of-state wineries, provided those
wineries obtain the necessary sales tax and Winery Direct Shipper’s permits.
The state’s timing was
no coincidence. Just one week after Gov. Perry signed the new bill into law,
the Supreme Court held in Granholm v. Heald that the states’ ability to
control their internal alcohol markets under the 21st Amendment did not
supersede the general prohibition on discriminating against out-of-state
interests under the Commerce Clause.
Under the decision,
states could no longer prohibit direct-to-consumer wine shipping if they
allowed in-state shipping. In the years following Granholm, a wave of reforms
flowed across the country. But Texas was one of the first to update its wine
shipping laws. And today, the state lives up to its outsized reputation by
being the second-biggest recipient state for direct-to-consumer wine shipping, according to Sovos ShipCompliant data.
So what are Texas
regulators seeking to achieve with this wave of audits? The goal appears to be
ensuring wine shippers are properly licensed, paying excise taxes, reporting
shipments, and not exceeding limits on how much they can send to individual
Texans. The TABC has asked licensees for the sales data used to produce their
Texas Excise Tax returns, including requests for copies of certain invoices
In addition to order
data and invoice copies, the TABC has requested information regarding
licensees’ business structures, including copies of their state and federal
permits, and lists of corporate officers and directors. Contracts or other
agreements that licensees have made with fulfillment houses and similar service
providers have also been sought.
Finally, the TABC is
looking into the specific wines that licensees have shipped to Texas consumers.
Texas’s DtC statutes prohibit licensees from selling wines that the licensee
does not personally produce or bottle. As such, the TABC has requested
licensees provide Certificates of Label Approval (COLAs) and production records
for wines shipped to Texas consumers.
These past requests,
though, are subject to change at any time and any DtC wine shipper that does
receive an audit notice should ensure they comply with the specific requests on
their notice.
This heightened review by the state of Texas comes at a time when
many states are working to ensure that direct-to-consumer shippers are
complying with local regulations. For example, the Michigan Liquor Control Commission
is stepping up in response to reports by the Michigan Beer and Wine Wholesalers
Association alleging widespread violation of its DtC shipping laws, and the
Mississippi Supreme Court recently heard a case regarding stings conducted by
the state Alcohol Control Board to catch illegal DtC shippers.
While Texas is currently the only state to have announced a review
of this size, it almost certainly won’t be the last.
As the Market Grows, So
Will Regulator Scrutiny
The Supreme Court’s
decision 15 years ago in Granholm v. Heald triggered a wave of wine
shipping reforms across the country. Today, 45 states plus the District of
Columbia permit DtC shipping, enabling over 90% of Americans to connect
directly with their favorite wineries.
As a result, direct-to-consumer wine shipping has grown from a
small, niche market in 2005 into a hugely important channel worth more than
$3.2 billion in 2019. According to Sovos ShipCompliant’s annual
Direct-to-Consumer Wine Shipping Report, the channel grew by 7.4% percent
in value and 4.7% in volume last year as more wineries invested in e-commerce,
the average price-per-bottle increased, and Oregon and Washington again
outpaced the overall channel in shipment growth, among other trends.
In many cases, DtC
shipping succeeds because it allows smaller wineries access to markets they
would struggle to enter if they relied solely on the traditional three-tier
system due to their relative size. According to the 2020 Direct-to-Consumer Shipping Report, wineries in the small winery category (5,000
to 49,999 annual case production) again dominated the winery shipping channel
in 2019, accounting for 42% of the volume of shipments and 45% of the value of
the DtC channel. DTC shipping has emerged as one of the best ways for these
smaller producers to reach a national audience.
This growth also reflects
consumer demand across the economy for goods delivered directly to their
doorsteps. Apps like Instacart and UberEats have democratized delivery, and
consumer expectations for quick and convenient delivery have never been higher.
This presents a tremendous opportunity for wine sellers to expand their reach,
develop their customer base and increase their sales online.
The marketplace is also
likely to get more competitive in the new decade. In 2019, the Supreme Court
paved a path for expanded DtC shipping of wine by retailers in its ruling in Tennessee Wine & Spirits Retailers
Association v. Thomas. While only 15 states
currently allow some DtC wine shipping by out-of-state retailers, many see this
decision as an opportunity to challenge old laws to expand this market.
Litigation is ongoing in several states that seemingly discriminate against
out-of-state retailers in regards to their ability to ship wine DtC – notably
Illinois, Michigan, and Missouri. Much in the same way that Granholm
prompted a wave of statutory reform, observers expect consumers and advocates
to push legislative changes across the country. While it may take a number of
years for these changes to take effect, expanded retail shipping is something
everyone should be watching closely.
In the meantime, regulators have a vested interest in making sure
all sellers—whether package stores, direct wine shippers or otherwise—are in
compliance with the law. That means ensuring they are properly licensed,
collecting all applicable taxes, not overselling to individuals and preventing
sales to minors. So if other states see the Texas audits bring positive
results, they are likely to follow suit to uncover gaps in their own systems.
Overall, the DtC wine shipping market is still young and
regulators are still figuring out how to manage it. As the market grows, we can
expect this trend of closer attention being paid to DtC shipping to continue at
the state levels, making now the best time for wine producers to firm up their
direct-to-consumer compliance processes and overall channel strategy.
Now Is the Time to
Ensure Compliance
The risk of audits like those in Texas underscores the importance
of closely adhering to the various laws and reporting requirements imposed by
states. That the regulations can vary among states only adds to the complexity,
whereas failure to comply may result in fines, loss of home state or federal
licenses, and even possible criminal charges.
Wineries have a number of ways to handle this. Some are able to
build in-house teams that can manage compliance, though this can be expensive.
Others rely on outside consultants to manage their compliance needs. But of
course, automating compliance processes is the easiest way to ensure audit
success, limit compliance risk and reduce the overall administrative burden on
shippers as state-by-state tax rules, rates and forms change.
Shipping wine can be complicated, and compliance will never be a task that anyone relishes. However, as the direct-to-consumer channel grows in its importance to the industry, it’s vital that producers shore up their compliance strategy now before the next round of state audit notices goes out.
About the Author: Alex Koral, Senior Regulatory Counsel with Sovos
Alex Koral is senior regulatory counsel for Sovos ShipCompliant. He actively researches beverage alcohol regulations and market developments in order to inform development of Sovos’ ShipCompliant product and help educate the industry on compliance issues. Alex has worked with the company since 2015, after receiving his J.D. from the University of Colorado Law School.
By now, most winery owners have heard the buzz regarding event insurance. Sure, you know it exists, but do you really know exactly what event insurance covers and how it can benefit your clients (and you)? Event insurance is a necessity for winery owners looking to keep themselves, and their clients, protected. We recently talked with Lauren Hernandez, Senior Event Insurance Specialist at Markel Specialty insurance to learn more.
“It is probably important
to first point out that there are two different types of event insurance– event
liability and event cancellation,” states Hernandez.
EVENT LIABILITY INSURANCE
“Event liability protects
the person hosting an event at your facility,” Hernandez explained. If during their event someone causes property
damage to your winery or someone is injured and the host is liable, an event
policy will step in to provide coverage.
The coverage is typically primary over any other insurance protection. That means the event policy will pay first
before any other insurance policy.
Primary liability coverage by event hosts, such as your clients, is preferred by most venues because it helps minimize the associated risks and exposures of owning a winery. “More and more wineries are requiring their clients to purchase one-day event insurance policies for events hosted at their facility because it reduces the possibility of having to pay for an accident that is out of the wineries’ control,” said Markel Specialty’s Lauren Hernandez.
Wineries must also remember to require the host to name the winery as an Additional Insured on the host’s event policy. That way, if there is a claim made against your winery due to the actions of the host, the event policy will defend and indemnify you against that claim. It is also a good idea to require the host’s insurance carrier to be A.M. Best rated “A-” or better. That way the carrier is financially strong and likely to be around to pay the claim should one occur.
Examples of claims that
would be covered under an event liability policy can range from damage to a
furnishings such as couches, mirrors, coffee tables – even toilets and landscaping from wedding or
other event guests. Event hosts would
also be protected if someone slips, falls and gets injured at the facility if
the host was negligent. There are even
worse claims that the event host needs protection from when an over-served
wedding guest is involved in an auto accident on the way home. These situations would be covered only if the
damage or injury was the fault of your client.
Your business should have your own risk management plan which includes
liability coverage to protect you from the hosts wrongdoing.
ADDITIONAL EVENT LIABILITY COVERAGE BENEFITS:
• Limits vary by insurance
carrier, but bodily injury and property damage liability limits typically are
up to $1 million per occurrence and $2 million total per policy period.
• The venue can be named as
“additional insured” on the certificate of insurance for no extra cost.
• Host liquor liability is
included for free.
• Set-up and tear-down is
covered (within 24 hours of the event).
• If the event being held
at your facility is a wedding, an event liability policy covers the ceremony,
reception and rehearsal dinner (if the rehearsal dinner is within 48 hours of
the event).
• Many policies are primary
over any other insurance policy. This
means, if a claim were to occur, the event liability policy would pay out
before any other insurance policy and there would be no need to worry about a
potential increase in rates with a commercial business policy (as an winery
owner) or homeowners policy (as a bride).
• Protection and peace of
mind for a low cost— there are policies available that start as low as $75.
WHY SHOULD YOU REQUIRE EVENT LIABILITY INSURANCE?
It protects you. One day event insurance
policies are typically primary coverage over your commercial business policy
for property damage to your facility caused by your client’s negligence. Your
facility can be named as an “additional insured” on the certificate of
insurance often for no extra cost.
It protects your customers. Event insurance is an easy and affordable
solution that helps protect your guests from the unexpected – because when your
clients are properly protected, so is your reputation.
It’s an easy solution. More and more commercial winery insurance
policies are requiring one day event insurance for all events hosted at the
insured winery. An event liability
policy fulfills this requirement and are easy to purchase and you can direct
your client to purchase them online or over the phone in minutes.
EVENT CANCELLATION INSURANCE
Another popular event
insurance option is cancellation coverage.
Being in the event industry, you’ve seen it all. Photographers go
missing the day of the event, gifts get stolen, and hurricanes can ruin a
perfectly planned event. Event cancellation insurance is becoming increasingly
popular because it reimburses the event host for lost deposits and
non-refundable amounts if they need to cancel or postpone their special event
due to unforeseen circumstances.
Examples of unforeseen
circumstances include:
• Vendor bankruptcy.
• Accident or illness of
the bride or groom or an immediate family member.
• Extreme weather
(hurricane, named tropical storm, etc.).
• Military deployment.
• Event cancellation insurance
also covers additional expenses your client may incur to avoid cancelling their
event, and pays for other losses or damages such as:
• Lost wedding rings.
• Damage to special attire.
• Vendor no-shows.
• Lost or damaged
photography.
• Lost or damaged
videography.
• Lost or damaged gifts.
The pricing for an event
cancellation policy is a little more involved as it is based on where the
wedding is set to occur and the overall wedding budget. Policies start as low
as $130.
Exactly how much event cancellation coverage does each event need? Look a look at the chart below that outlines coverage limits based on the total overall event budget.
Total Event Budget
$7,500
$15,000
$25,000
$50,000
$100,000
Loss Of Deposits
$1,000
$1,500
$2,000
$3,000
$5,500
Photography & Videography
$1,000
$1,500
$2,000
$3,000
$5,500
Special Attire & Jewelry
$1,000
$1,500
$2,000
$3,000
$5,500
Wedding Gifts
$1,000
$1,500
$2,000
$3,000
$5,500
Extra Expenses
$1,875
$3,750
$6,250
$12,500
$25,000
Professional Counseling
$500
$650
$1,000
$1,000
$1,250
WHAT ISN’T COVERED UNDER EVENT INSURANCE
With event insurance, some
claims would be hard to disprove.
Because of this, many insurance carriers will exclude covering certain
circumstances because of the potential increased risk of insurance fraud.
Examples of circumstances
typically not covered:
• Change of heart
–Typically if either the bride or groom get cold feet and change their mind
during the wedding planning process or are at the altar and decide not to go
through with the wedding, this would not be covered.
• Known Circumstances – Previously
known issues that could affect the event (Example: planned medical procedure
delays or cancels the event).
• Lack of Funds – if the
event host is unable to pay for the planned event.
• Non Appearance – if
certain individuals (such as parents, the bride, etc.) don’t show up for the
event, the show must still go on as this would not be covered. Polies do not cover cold feet if either the
bride or groom change their mind during the wedding planning process or at the
altar and decide not to go through with the wedding.
START PROTECTING YOUR CLIENTS
It’s easy to start protecting your clients (and yourself). Request free brochures from Markel Event Insurance and provide your clients with an easy & affordable option to protect their special event. Event liability policies start as low as $75 and can be purchased online or over the phone in minutes. Visitwww.markeleventinsurance.com/grapevine to learn more!
While one can still find wine producers who rely on paper ledgers, Excel spreadsheets and other pen and paper methods to manage their business, wine producers are increasingly turning to technology to help them perform these tasks. The proliferation of software explicitly geared to the wine industry has streamlined how many wineries operate. This software can help winemakers better manage a range of functions starting with regulating environmental conditions in their vineyards to performing a variety of eCommerce functions, as well as helping to enhance the consumers’ experience in their tasting rooms.
Microworks Wine Software
Microworks Wine Software was formed in 1991 to address the lack of technology servicing the wine industry. Currently, this software includes a suite of tools that help wineries manage their direct-to-consumer sales. The software takes complex tasks and simplifies them for efficiency and accuracy. With Microworks Wine Software, all details of sales, customers and inventory are tracked and reported to management so they can execute informed decisions.
These tools include
visitor center tracking, wine club and eCommerce sales, customers and
in-ventory, as well as helping with accounting, fulfillment and alcohol
compliance. This software suite allows wineries to manage their retail
operations by tracking sales data and then issuing re-ports. Tasting room
managers can track visitors and staff, and wine club managers can oversee the
wine club and its members. Inventory staff can track products across multiple
warehouses while managing wine shipments and pickups, and accounting can track
and reconcile all sales and inventory activity with complete audit trails.
Additionally, marketing managers can track all customer activity, including which
wines consumers buy, when they buy their products, how fre-quently they
purchase wines and the channels through which they make these purchases.
When a wine producer
purchases the software, Microworks performs an initial onboarding pro-cess.
Then apps can be downloaded by the user on devices through the Microworks
website, Ap-ple’s App Store or Google Play. Users can take advantage of
Microworks certified training ser-vice—a one-on-one instruction for winery
employees that ensures they’ll get the most out of what the software has to
offer. Online documentation and tutorials are also available.
The latest release of
Microworks Wine Software’s iPad mobile POS offers an offline mode, so users can
now access this software without having to connect online. When the software
gets used offline, transaction data is stored and then uploaded to the server
when the device is back online. Currently, they are working on an automated
email system to simplify and tailor custom-er communications to drive more sales.
Sensaphone
Sensaphone software complements the hardware that measures temperatures, humidity and other environmental conditions in the vineyard. Since its founding over thirty years ago, Sensaphone has transitioned from having its software utilize traditional alarm auto dialers hooked to phone lines to a cloud-based platform.
Using this software allows producers to know the exact temperature in the fields, and to be alarmed if the temperatures sink too low. In the case of ice wine producers, it allows them to pro-tect the grapes during cold temperatures.
This software allows wine
producers to see the temperature values of their vineyards in real-time, set
high and low alarms, and datalog those values. These features monitor
environmentally sensitive assets and can be programmed to send emails or text
messages to users when those as-sets are in danger. Also, it offers real-time
visibility and the ability to datalog values for a com-parison over time.
Sensaphone products are
easy to install and program. It is a one time purchase with upgrades in-cluded
with the purchase price. Also, they feature an app that allows producers to
view data from any mobile device.
VineSpring
For the past eight years, VineSpring has offered winery eCommerce, allocations and wine club management software designed for wine producers who sell directly to consumers. Through this software, wineries can easily manage their club and allocation offerings, saving administrators time, and providing wine club members with tools that are easy to access. Online tutorials allow wineries to maintain the software on their own.
VineSpring can connect to
many third party programs, and natively supports integrations with MailChimp,
ShipCompliant and Square POS. Also, they have partners like WineGlass Marketing
that have built powerful integrations, including automatic sync with Quickbooks
desktop. Mov-ing forward, they look to expand the options for wine clubs,
especially surrounding automatic recurring billing.
VinNOW
Created in 1999, VinNOW software was specifically designed for wineries to manage customer data and purchase histories, tasting room sales, wine clubs, multiple location inventory tracking and wine production. Wineries can use this software on a single stand-alone computer, a tablet, or on a network multi-point of sale operation. Also, as this software does not require a good in-ternet connection, it works well for those wineries located in regions that do not have reliable internet access.
The software includes a
customer management system, point of sale, wine club automation, eCommerce,
inventory management, reporting and order processing with QuickBooks,
compli-ance, email and shipping integrations and EMV credit card processing.
Also, bulk wine tracking and custom crush billing module are available. When
necessary, features are added that respond to industry changes, such as the new
California District Tax.
For those wineries
offering wine clubs, the software’s one-step wine club processing includes
shipping labels for UPS and FedEx. Also, GSO shipments can be tracked through
VinNOW. In addition, the software has options for easy email and postcard
marketing campaigns. It also inte-grates with QuickBooks desktop or online
versions, web shopping providers, and ShipCompli-ant.
VinNOW can be
self-installed and maintained and includes a comprehensive help database. New
customers are encouraged to go through the free training program, so they
understand the full capabilities of the software. Customer service is available
seven days a week.
Winetracker.co
Winetracker.co is a wine tasting app launched in 2017 that’s available for iOS and Android, as well as the web browser.
Users snap photos of the wine they are drinking and then use the app’s four sliders to give their personal opinion on the aroma, taste, finish and overall impression of the wine. The app then auto-generates a wine expert score (50 to 100 points) based on these four sliders. Optionally, the user can use “TouchTags” to describe the unique elements they detect in the wine. As they continue using the app, they end up with a visual history of the wines they drink, similar to a “Pinterest for wine.”
The second primary feature of this app is a multi-person, real-time experience called Group Tasting. Anyone hosting a tasting event, whether a winery, event planner or party host, can create a tasting list ahead of time. At the event, attendees can collaboratively taste the wines together through the app. They can see each other’s wine scores and comments popping up on the screen in real-time. Also, there’s an optional Blind Tasting mode for the Group Tasting feature.
According to Tony Jacobson, Founder of Winetracker.co, wineries who use the Group Tasting feature increase their wine sales. He ascribes this to the fact that when people taste wines with Winetracker.co, it causes a fuller engagement with each wine they sample. “When they are pondering the aroma, taste and finish of a wine, they get a much better sense of how much they like or don’t like it. This creates a deeper connection with the wine they’re drinking.” Winetracker.co is willing to schedule one-on-one consultations with wineries and event planners to help guide them through the process of creating Group Tasting events.
In the future, the company
plans to launch tasting groups similar to Facebook groups, where us-ers can
join and automatically be notified whenever someone adds new wine scores. These
groups can be public or private. Also, they plan on adding the ability for
users to follow individ-ual people on Winetracker.co. Along those lines, users
can automatically receive notifications whenever people they follow taste a new
wine. Winetracker.co is also looking to enable wineries to have conversation
threads or email conversations with the people who participate in their
tast-ing events.
As technology continues to evolve, expect to
see these software companies continue evolving to meet the needs of
21st-century wine producers.
Throughout 2018, the Trump administration’s implementation of
tariffs on several foreign goods, and the retaliatory tariffs that followed
suit have confused markets and worried many businesses. The alcohol
industry—wine, beer, spirits and those who support them—have all been affected
in some way by these tariffs, or expect to be in 2019 if they continue. With
the news on tariffs changing almost monthly, it can be hard to keep up, which
causes further insecurity for the industry.
Timeline of Events
Trade tensions began in
January 2018 when the Trump administration imposed tariffs on solar cells and
washing machines after a report stating that imports were hurting the domestic
U.S. market in those businesses.
On March 8, 2018,
President Trump announced a 25 percent tariff on imported steel and a 10
percent tariff on imported aluminum to take effect on March 23. At this time,
Canada and Mexico were granted an exemption pending talks to renegotiate NAFTA.
After threats from the EU to impose retaliatory tariffs, the administration
allowed exemptions for the EU, South Korea, Brazil, Argentina, and Australia
through May 1, which would eventually extend to June 1.
On April 2, China imposed
tariffs ranging from 15-25 percent on various U.S. products, including fruit,
wine, whiskey, and other products totaling approximately 3 billion U.S.
dollars.
On June 1, exemptions from
the steel and aluminum tariffs ended for the EU, Canada and Mexico. Argentina
and Brazil struck deals with the Trump administration limiting the quantities
of steel and aluminum they ship to the U.S., while Australia negotiated for no
trade restrictions.
In retaliation, on June 22,
the EU imposed tariffs on $3.2 billion of U.S. products, including a 25 percent
tariff on Bourbon and whiskey. Then, on July 1, Canada also imposed retaliatory
tariffs on $12.8 billion in U.S. products including 25 percent on steel, and 10
percent on aluminum and whiskey. In addition, Mexico implemented a 25 percent
tariff on Tennessee whiskey.
After talks with China
failed in May, the first phase of the trade war occurs in mid-June, with the
Trump administration announcing it will enact a 25 percent tariff on $50
billion more in Chinese goods. Beijing retaliated, placing more tariffs on $50
billion in U.S. products.
In September, President
Trump announced another 10 percent tariff on $200 billion more in Chinese
products, that he planned to increase to 25 percent at the beginning of 2019.
These tariffs impacted manufacturers of fermentation tanks outside of the U.S.
On September 30, a
compromised was made between the U.S. and Canada for an updated NAFTA. Mexico
and the U.S. had already come to an agreement by this point, and so the new
agreement, called by the Trump administration the United States-Mexico-Canada
Agreement, or USMCA, would be signed by the three leaders at the end of
November. Mexican and Canadian governments were both hopeful that tariffs would
end before signing.
In November, President
Trump and President Xi Jinping of China both showed interest in coming to a
compromise, ending a tense few months of escalation.
On November 30, 2018,
President Trump, Canadian Prime Minister Justin Trudeau and Mexican President
Enrique Peña Nieto signed the USMCA in Buenos Aires on the first day of the
G-20 summit in Buenos Aires without any agreement to end the tariffs. At the time
of publication, talks to alleviate tariffs with Mexico and Canada but implement
quotas are in progress, but no deal has been reached.
On December 2, 2018, at a
dinner between President Trump and President Xi, they agreed to a truce,
putting a stop to any further tariffs for 90 days to give the two countries
time to come to an agreement. At the time of publication, Robert Lighthizer is
leading negotiations, but no deal has yet been made.
Effects to the U.S. Wine, Beer, and Spirits Industries
Wine
China has been a growing
market for American wine for nearly 20 years. The market has increased almost
1200 percent since 2001 despite an already steep tax of 54 percent on imported
wine. China’s retaliatory tariffs threatened to stop that growth in its tracks
if the tariffs continue. After two rounds of tariffs on wine, the first in
April at 15 percent and the second in September at 10 percent, the current
taxes and tariffs for U.S. wine going into China is 79 percent. That percentage
is quite unsettling for winemakers who have a market stake in China,
particularly if no agreement is reached and the current truce ends.
Igor Sill, owner of Sill Family Vineyards, told The Grapevine Magazine in an email: “Yes, I’ve been very concerned over the latest exchanges between U.S. and China trade given that we are already being penalized with a 15 percent tariff. The newest retaliation from China to our steel and aluminum trade policies will add 25 percent to that existing tariff, essentially pricing me out of the China marketplace. It’s a real shame, frustration, and disappointment as we have nothing to do with manufacturing and construction materials, but yet are hit with this inability to compete in China’s luxury wine sector against other imported wines. I really pray that the trade dispute with China is resolved equitably and quickly. At $185 per bottle, my Chinese customer would need to pay some $275 per bottle to enjoy our wines. That would greatly reduce China sales for us.”
This reduction is particularly disappointing for Sill Family
Vineyards, winners of the China Spirits and Wine Associations’ 2018 Wine of the
Year for their 2015 Napa Atlas Peak Cabernet Sauvignon, as well as the coveted
Double Gold Medal for excellence.
“We’ve been focused on
sales and distribution to the China marketplace since 2014. It’s a huge market that appreciates the
quality of exceptional fine wines and, specifically, they have grown their
appreciation for Napa Cabernet Sauvignon by some 10-12 percent each year. When you have some 1.5 billion people in
China, those consumption numbers are more than substantial to someone like us—a
small, family producer of limited production, high-end wines, crafting a mere
800 cases of wine per year.”
Sill planned to increase
the percentage of his business in China from four percent to eight in 2018 and
with a 15-20 percent increase annually through 2023.
“These plans have since
changed,” said Sill. They now plan to refocus on the U.S. market, concentrating
on high-volume wine consuming states such as Texas, New York, New Jersey,
California, Illinois and Florida.
If the tariffs continue,
pushing Sill and other California wineries out of the Chinese market and back
into the U.S., it could cause problems for lesser known wines.
“If these California
wineries decide to curb sending that wine into China, the wine needs to be sold
somewhere, and it could come back here to the United States, which could lead
to more competition for shelf space and storage with other state wine
industries,” said Michael Kaiser, Vice President of trade group, Wine America.
However, Kaiser said,
despite the high tariffs that threaten to increase, even more, it doesn’t
appear other California wineries are following Sill out of China.
“The exports to China from
the U.S. are up 18 percent this year so far. It’s still increasing. I think it
was the number fifth-highest market last year for U.S. wine. About $80 million
worth of U.S. wine was sent into China last year. So, it doesn’t appear that
the tariffs are compelling people not to export their wine to China. I think
that it shows how valuable a market it is that people are willing to pay these
new tariffs on their wine going into that market,” said Kaiser.
That doesn’t mean that there
hasn’t been an effect, said Kaiser. The impact will be more apparent after the
new year. “It’s hard to really quantify because [the tariffs] haven’t really
been around that long, but we’ll have to look and see what it’s like in January
and February when we have the numbers for the year,” he said.
Beer
For many in the brewing
industry, what should have been a banner year of expansion and growth ended up
as something much different. In December 2017, Congress lowered the federal
excise tax from $7/barrel on the first 60,000 barrels for domestic brewers
producing less than two million barrels annually, to $3.50/barrel. For imports
and domestic brewers producing over two million barrels annually, barrel costs
were reduced from $18/barrel to $16/barrel on the first six million barrels.
The tax cut opened up staffing and expansion opportunities that excited many
brewers.
“Then a few months later,
unfortunately, the Trump administration imposed a 10 percent tariff on
aluminum, which raised costs for brewers,” said Jim McGreevy, President and CEO
of The Beer Institute, the oldest beer trade organization in the U.S.
“We’re seeing an impact to
the industry and brewers big and small. We estimate that the tariffs are a $347
million tax on beer. I told you about that tax relief we received in
December—that was roughly $130 million of tax relief for beer. So, we received
$130 million tax relief in December, and in March we received a $347 million
tax increase. This is definitely affecting the industry as a whole.”
The tariff on imported
aluminum contributed to the rising prices of cans – in a time when more
breweries than ever are embracing use of 12 and 20 ounces cans, as well as the
to-go style “crowler.” The extra cost can severely affect the bottom line.
“Aluminum is the single
biggest input cost for beer brewers. Of the 6,000 or more breweries in this
country, you see more and more distributing their beer, and you see more and
more putting their beer in aluminum cans and aluminum bottles. So this is a major
input cost for beer brewers, big and small. That 10 percent tariff affected
beer brewers because a large portion of aluminum used to put beer in comes from
outside the country,” said McGreevy.
It doesn’t seem to matter
where or how a brewer buys their aluminum either.
“One large brewer
announced a few months ago that this was a $40 million cost to them every year.
We’ve had small brewers who are members of ours—even small brewers who are not
members of the Beer Institute—tell us that their aluminum costs are going up,
even if they get their aluminum from a broker. This is affecting the price of
aluminum up and down the chain, no matter how you get the aluminum, whether you
have long-standing contracts with aluminum providers, or you’re a smaller brewer,
and you’re getting your aluminum from a broker,” said McGreevy.
Bourbon and Other Spirits
The U.S. Bourbon industry
is hit hardest in the EU where retaliatory tariffs of 25 percent threaten to
stifle what has been, over the last few years, a booming industry. Eric
Gregory, President of the Kentucky Distillers’ Association, a non-profit trade
association founded in 1880, told The Grapevine Magazine that Kentucky Bourbon
is an $8.5 billion industry with the state, employing 17,500 Kentuckians with a
payroll of over $800 million. Bourbon distillers contribute $815 million each
year in local, state, and federal taxes, with much of their local and state
taxes going to fund education.
According to Gregory,
Bourbon has remained relatively safe thanks to the foresight of larger
distillers. “So far, and I say that with a word of caution, we have not had
that much of a dramatic impact. The reason is mainly two-fold: a lot of the
smaller craft distilleries really haven’t gotten into the export market
yet—they’re barely able to produce enough product just for the regional market
at best. The bigger distilleries that have the global distribution network and
who are expanding at rapid rates, mainly to meet that global demand, most of
them had the ability to stockpile product overseas before the tariffs hit. From
every indication I’ve been told, that is carrying them through until about the
first of the year,” said Gregory.
However, after the
stockpile dwindles, prices will likely go up, and Gregory said that will likely
keep Bourbon from continuing its uptick as a serious contender on the world
stage.
“I don’t think you can
find a better example of free and fair trade than Kentucky Bourbon in the last
20 years. We have grown exponentially. In 1999, just a couple years after the
tariffs, NAFTA and the free trade pact with the EU took effect, as a state we
only produced 455,000 barrels of bourbon. Last year we produced 1.7 million
barrels of bourbon. Much of that is going to the global exports. [We’ve been
able to] put ourselves on a level playing field with our friends in the Scotch
industry and other great whiskey markets. We’ve been able to convert drinkers
to Kentucky Bourbon, and if we have a problem with competing on the shelves and
prices, then we can lose some of those converts who might look at what they
used to drink, and it’s less expensive, and they’ll start drinking that again.
At that point, if we’ve lost them, we might have lost them for a generation,”
Gregory said.
Bourbon distillers can
choose to absorb the cost of the tariffs, which hurts the local economy as a
whole. “That’s less money and profits coming back to your companies, which
means less investment in Kentucky, fewer jobs, and we don’t like that either,”
said Gregory. “In Kentucky, with Bourbon being such an economic driver, both
from jobs to tourism, we are just now starting to ratchet up production and
tourism opportunities, and it’s really like throwing a wet blanket on a booming
industry.”
What worries Gregory the
most, is the long-term effects that the tariffs may have within the Bourbon
industry and on Kentucky. “Worst case scenario, you get to a price war, where
there’s an abundance of Bourbon on the market, and that drops down prices, and
that significantly harms our smaller craft distillers. They’re just now trying
to survive in this market,” he said. “Even worse, worst-case scenario, if
distillers start to produce less Kentucky Bourbon, which has a dramatic ripple
effect across the Kentucky economy, and not only means fewer jobs and less
investment, but we are the only place in the world that taxes aging barrels of
spirits. So if you’re enjoying an 18-year-old bottle of Kentucky Bourbon, it’s
been taxed 18 times, and the great majority of that tax revenue goes back to
fund local schools. If for whatever reason we get to the point where we’re
producing less, then, it can ultimately hurt education and other public health
and safety programs here in Kentucky.”
Other spirit producers
have lost contracts, been forced to lower price points in other countries, and
had to adjust future growth projections due to the tariffs, American Craft
Spirits Association Executive Director Margie Lehrman told The Grapevine Magazine.
“I’ve had distillers tell
me that they had contracts on their desk ready to be signed for export to
China, for instance, and those contracts got ripped up. It’s just simply off
the table,” she said. “I’ve had other distillers tell me that they had actual
product on freight going over to Great Britain, where they were told by the
importer, ‘If you want us to off-load your freight, your price point has to
drop down to this.’ I had one distiller tell me they had estimated over 30
percent of their business [would go to] export sales and because of the
tariffs, they needed to knock that down to 15 percent, which is really
significant for these small businesses.”
Suppliers
Some industry suppliers
who manufacture their equipment anywhere other than the U.S. were hit by the
second round of tariffs in September. This tariff affects manufacturers of
stainless steel fermentation tanks, such as William Cover’s company, Fermenters
Choice Stainless Ltd. They import stainless steel fermentation and storage tanks
for wineries, brewing and industrial purposes;
manufacturing their tanks in China, and then shipping them to the U.S.
and Canada. Because of this, their fermentation tanks were hit with a 10
percent tariff in September, and, if the talks between the U.S. and China fall
through, could increase to 25 percent in early March 2019. Cover only recently
expanded into the U.S. in 2017. Previously he’d serviced only Canada.
Cover told The Grapevine Magazine that right now he cannot compete with American made tanks, but he
believes that once stocks of pre-tariff steel deplete and manufacturers begin
buying more expensive U.S. steel, he may see a swing back in his direction,
though, at a higher price.
“There are also tariffs on
imported stainless steel–the raw stock used by U.S. based tank manufacturers to
make tanks. So once their current inventory of stock and their costs and final
product cost is likely to increase as well. That should make my price competitive
again, although at a higher final cost to the winery and brewery than before,”
said Cover.
For now, Cover looks to
markets other than the U.S., a move he believes many other manufacturers will
make. “The products produced in countries like China now need to find another
market. There will likely be a reduction in their export price. I am now
expanding my business to South America – there are large wine producing regions
in Chile and Argentina. This is an example of the consequences of tariffs– other
countries will buy less expensive products, decrease their costs and increase
their market share. These new tariffs
will contribute to lower cost, foreign growth in the wine industry,” he said.
Imported brewing equipment
such as bright tanks have remained mostly unaffected by the tariffs but already
carried a four percent tax before the trade war.
Restaurants and Retailers
For restaurants and
retailers, the tariffs affect the bottom line when their alcohol
suppliers—breweries, wineries and distilleries—increase prices due to rising
production costs. Justin Shedelbower,
Communications Director at the American Beverage Institute, a trade
organization that represents restaurant chains that sell alcohol, told The
Grapevine Magazine what happens when these price hikes flow downward.
“For an industry such as
the beer industry, that uses a lot of aluminum, [the aluminum tariff] increases
the production cost significantly, which forces them to raise the price of
their products. That price increase rolls downhill to the consumer and
restaurant level,” said Shedelbower. “Once you get to the restaurant, it’s
higher priced beer. The restaurant has two choices. They can either keep their
prices the same and eat that extra cost, reducing their profit margins, or they
can increase the price they sell to their customers with, and that just ends up
reducing sales. If something costs more, people buy less of it.”
Reduced sales lead to
reduced profits, which may lead to canceling plans for future expansion or
cutting staff.
“Many of these restaurants
already have slim profit margins as it is. When profit margins are eaten away
further by either taking on the costs of these tariffs or just not selling as
much because the prices are higher, it just eats away at it further. So now
they don’t have this extra cash on hand, whether maybe they were planning on
expanding, so maybe now they can’t expand or hire the additional employees that
they needed. Or it can induce layoffs,” said Shedelbower.
A Possible Solution in the Works
With the signing of the
USMCA and the 90-day truce with China, it’s possible that the worst is over,
and the world will soon see a return to normal trade routines. Reactions to
these events are encouraging to both trade organizations and producers;
however, there is still plenty of work to do.
“We were pleased to see
there will be a pause in any tariffs for at least 90 days. We will continue to
let Congress know about our feelings on the tariffs. What it means, in the long
run, is anyone’s guess,” said WineAmerica’s Kaiser.
“The signing of the USMCA
is definitely a step in the right direction and will help alleviate tensions
between the three countries. However, the tariffs on imported steel and
aluminum still remain—an elephant in the room that needs to be addressed. The
U.S. imposed tariffs, and the subsequent retaliatory trade penalties continue
to threaten the hospitality and alcohol industries with higher operation and
production costs, as well as induce growing challenges for accessing foreign
markets,” ABI’s Shedelbower told us.
“We hope lawmakers require
the administration to end tariffs as a condition of support for the United
States-Mexico-Canada Agreement. In our eyes, the deal is incomplete until the
administration eliminates all steel and aluminum tariffs,” The Beer Institute’s
McGreevy said.
Cover of Fermenter’s
Choice is happy about the truce, but he thinks a deal will take into account
the changes the tariffs made to the market. “It remains to be seen how long it
will take to remove them altogether. I don’t expect that to happen quickly as
the American companies that ramped up production of steel and other
commodities—reopening old plants, hiring new workers, etc., will lobby hard for
some time to recoup their investment. It’s not fair to them to remove the
tariffs so quickly—and a bad political move for Trump. I would expect the
second tariff to come off after a few months, but the first tariff could be a
year or longer.”
Igor Sill is relieved, not
only for himself but for the positive impact a deal could have on both the
Chinese and U.S. financial markets. “China’s financial market has been severely
depressed since Trump announced his policy’s intention, and of course, we’ve
seen Wall Street’s, and the global stock markets drop as well. With today’s
“truce” announcement I sense that wiser minds will prevail and an equitable
resolution, i.e., no tariff, or considerably lower tariffs will salvage the
global economic markets and my ability to sell our wines into China. Overall,
I’m much more optimistic now.”
With the holiday season comes infinite ways to celebrate the fruit
of vineyards from coast-to-coast. Wineries and tasting rooms across the U.S.
count the time between Thanksgiving and New Year’s to be amongst their busiest
and, in some cases, amongst their most profitable. Moreover, ancillary
businesses, including hotels, inns, restaurants and special events venues,
benefit from creative partnerships with local wineries during the holidays.
Walter Clore Wine & Culinary
Center
The Walter Clore Wine
& Culinary Center stays open year-round and features Washington wines in
its tasting room and during special events. The space was named for the man
whose years of scientific research established Washington state as the
second-largest premium wine producer in the country. According to the Center,
Washington’s wine industry contributes approximately $14.9 billion to the U.S.
economy and supports an estimated 27,000 jobs. Those numbers underscore why the
holidays are an important component of marketing the state’s wine producers and
grape growers.
The Clore Center showcases
Washington’s wine industry, as well as the science of enology, through a
combination of educational, experiential and entertainment activities. Its
holiday events kick off just before Thanksgiving, featuring established and
up-and-coming Yakima Valley wineries. On Saturdays throughout November and
December, several Yakima Valley winemakers will be pouring at the Center’s
“Meet the Makers” event with the pertinent theme, “Thanksgiving in Wine
Country.” In December, the Center will feature sparkling wines from
Washington’s Columbia Gorge.
The Center’s holiday
events will also include classes every Saturday in November and the first two
Saturdays in December, according to Deb Carter, the Clore Center’s Wine and
Culinary Program Director. That might, for example, include a cooking class
from a local master chef on how to pair local wines with farm-to-table meals
using local produce.
In addition to educational
classes, the venue rents out space during the holidays for corporate
gatherings, parties and other holiday-centered outings, many of which choose to
feature local wines.
Wineries, tasting rooms,
restaurants and others vested in promoting Yakima Valley wine during the
holidays are, at the same time, raising money for a charitable cause—fighting
hunger. “Thanksgiving in Wine Country,” will benefit Northwest Harvest and
kicks off during Thanksgiving weekend. The event also allows visitors to take
advantage of deals on wines and related products.
Milbrandt Vineyards
Other Yakima Valley
December events include Prosser, Washington-based Milbrandt Vineyards’ “Holiday
Flights and Bites,” featuring holiday wines and food pairings with live
entertainment.
“The holidays are key for
us because customers tend to purchase more of our higher tier wines like our
Reserves, especially if they are buying wine as gifts,” says Milbrandt
Vineyard’s Tasting Room Manager, Karen Ballew. “This holiday season is
particularly special because we will be releasing our ‘Bottle Your Charity’
Sparkling Rosé with the winning charity’s mission featured on the back of the
bottle. Direct donations from wine sales go to the charity.”
One of Millbrandt’s
holiday marketing strategies, says Ballew, is a play on words derived from a
holiday favorite, Twelve Days of Christmas. “We will be bringing back our 12
Days of Deals, an online campaign we ran during the holidays that was
incredibly successful the last couple of years. We will also be launching our
Cyber Monday campaign where customers can get up to 40% off certain cases of
wine.”
As for partnering with
local businesses, Ballew says Millbrandt favors specialty food shops, whose
treats pair well with Milbrandt wines. “We partner with a few local business,
most notably Jade’s British Girl Treats,” she says. “Jade’s is a local bakery/chocolate/sandwich
shop in Prosser. They just opened a few months ago in downtown. They handle
catering for our events and also cater our small plate menu that we offer in
the tasting room daily.
We also feature for sale a
small selection of Chukar Cherries that are specifically paired with some of
our wines. Another partnership is with Wine Country RV Park. We pour at their
evening tastings about once a month during their peak season. They promote our
events on their emails and on the TV in their retail shop.”
Tourism on the 45th Parallel
Hotels and inns tied to
wineries have a unique focus on the holidays. In Northern Michigan, wineries
and tasting rooms dot the landscape along the same 45th parallel as
Washington’s wine region. Among them is the internationally renowned Black Star
Farms, a family-owned enterprise known for, among other products, its signature
‘Pear in a Bottle’ wine.
Black Star Farms provides
a backdrop for holiday-inspired events, such as snowshoeing on its vast grounds
and cooking classes that teach guests how to pair wines with various cuisines.
Its most notable event, however, is the annual New Year’s Eve Wine Dinner, a
formal occasion featuring a multi-course meal paired with wines produced by
Black Star Farms. The event is popular enough that tickets go on sale beginning
in early fall. Sherri Campbell Fenton, whose parents, Kerm and Sallie Campbell,
established Black Star Farms in 1998, is managing proprietor. She told The
Grapevine Magazine that the holidays are, indeed, big business.
“The holidays are a key
time for Black Star Farms, for both holiday wine sales and the hospitality side
of our business,” says Campbell Fenton. “Obviously, wine sales are strong for
gifting and parties. We have a luxurious 10 room inn on our 160-acre property,
which is a favorite for guests as a quiet, romantic escape, especially during
the winter when blanketed in snow. We also host holiday corporate wine paired
dinners as well as private or family gatherings. Holidays are a strong time for
these. Many times, gift certificates are purchased for wine sales or inn stays
during the holidays, as a gift of Black Star Farms is a very special one for
anybody.”
At Washington’s end of the
45th parallel, there’s the Hotel Maison, a landmark in downtown Yakima, listed
on the National Register of Historic Places. The hotel’s holiday offerings
include a package featuring Yakima’s annual “Sip, Stroll & Stay.” This
promotional event features a downtown stroll with food, entertainment, and, at
the end of the evening, an opportunity to overnight at the historic Maison,
built in 1911 by Yakima Freemasons. Guests receive their choice of a bottle of
wine, cider or beer delivered to their room. In addition to hosting wine
tastings with local sommeliers, Hotel Maison does its part to promote wineries
during Yakima Valley’s ‘Thanksgiving in Wine Country.’ They feature an
overnight package that includes a bottle of Yakima Valley wine and a gourmet
cheese board delivered to guests.
A quieter holiday respite
can be found at Washington’s Cozy Rose Inn, an acclaimed bed and breakfast
owned by husband and wife Mark and Jennie Jackson in Yakima Valley’s Grandview
area. The Jacksons have relied upon friendships with local wineries over the
past 27 years, which keeps guest referrals coming in both directions. Having a
great location, Mark Jackson says, goes a long way. “Guests come to the Valley
for the sunshine and wine. We’re just in a prime location, being in the middle
of Yakima Valley. They taste on their way down the Valley, stay here, eat dinner,
and the next morning, they’re off to Red Mountain and Prosser Wineries.”
In addition to its
chef-inspired gourmet breakfast, during the holidays the Cozy Rose Inn offers
guests staying at least two nights a candlelit dinner for two, which includes a
bottle from one of the region’s wineries.
Holiday Food Pairing
Foodies looking for a
Southwestern flavor to pair with Washington wines during the holidays turn to
Los Hernandez Tamales, another family-owned business in Yakima Valley. They
tout an authentic family recipe, combining it with local, Washington state
ingredients, including the state’s bountiful asparagus crop. Rachel Wilburn,
whose father, Felipe Hernandez, started the business in 1990, says the holidays
are tremendously hectic for the Hernandez clan.
“Tamales are traditionally
a holiday season food. Christmas, in particular, is the busiest time for them.
We open early, and everyone gets tamales with or without an order. We usually
have 400 to 600 dozen in pre-orders, but we sell 1,000 dozens (12,000 single
tamales) by the end of the day, all made by hand.” Wilburn says that Los
Hernandez Tamales is also called upon all over Washington to participate in
events that pair their famous tamales with regional wines.
Gingerbread co-stars with
wines at Desert Wind Winery, which supports a local charity through its annual
“Gingerbread Build Off.” This holiday-themed event, held in November, draws
professional bakers from throughout the Yakima Valley region. Wine barrels serve as the background for
gingerbread creations large and small in a winery whose Southwestern style
architecture belies its Washington state location.
It’s not difficult to see
how the holidays bring out the best in wineries and related industries across
the United States. From charitable giving to savvy marketing, synergy builds
between businesses that understand the value of partnerships during the holiday
season.
Weather conditions and natural disasters occasionally take a toll
on vineyards and other agricultural production systems. Due to climate change
and prolonged drought, the frequency and severity of wildfires is expected to
increase. These risks highlight the need for winegrowers and winery owners to
be as prepared as possible to reduce risk.
Putting Your Plan Together
Many wineries may have already revisited their evacuation plans and filed them with their respective state agencies. Staying current of wildfire season developments can help enhance your ongoing planning and preparedness. Technology can also support your wildland fire planning and response. Additional planning resources by the American Red Cross is available at: www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/wildfire.html
Steps to Take Before a Wildland
Fire Event
• Take a close look at
your program’s communication protocol for evacuations. Everyone should have a
clear understanding of alarms that signal when you need to evacuate. Assign
specific accountabilities to staff so everyone works collectively to achieve a
positive outcome of protecting lives and property.
• Work with your regional
Forest Service to better understand emergency evacuation procedures in your
area.
• Coordinate with the
American Red Cross, FEMA, and other emergency agencies to give them the
locations of your evacuation sites. Invite your local fire department out as
part of a fire pre-incident plan. They should be provided a map of your
property, highlighting planned evacuation routes. They can also offer technical
assistance to support your plan.
• Prepare and post route
maps for each site, including alternate routes. With a large fire, you may need
to use “Plan B.”
• Consider forming a
cooperative agreement with another site to share resources and serve as an
evacuation site.
• Identify key equipment
to be evacuated, including computers and other vital records. As part of your
business continuity planning, programs should already have information backed
up and stored remotely. But, in case you don’t, practice removing this
equipment as part of your practice response.
• Stock an ample supply of
water and easily-prepared foods until rescue arrives.
Controlling Wildland Fire
Exposures
Wildland fires are one of the most catastrophic threats to
wineries. Protecting your structures
from ignition and fire damage is an important program objective second only to
an evacuation plan. Taking precautions ahead of time can help reduce the
exposure of a wildfire intrusion. There are a number of proactive measures a
winery can take to mitigate the property damage a wildland fire can cause.
To support a fire adaptive
community philosophy, the local fire department or authority having
jurisdiction for your program should require you to develop a landscape plan
for the property. It is wise to seek their advice and incorporate their
recommendations as you develop a plan specific to your location. You can learn
more about fire adaptive community planning at the Fire Adaptive Communities,
www.fireadapted.org
According to the NFPA 1144
– Reducing Structure Ignition Hazards from Wildland Fires, fire protection
plans should address four zones around a property.
What are the primary threats to property during a wildfire?
Research around property
destruction vs. property survival in wildfires point to embers and small flames
as the main way that the majority of properties ignite in wildfires. Embers are
burning pieces of airborne wood and/or vegetation that can be carried more than
a mile through the wind, they can cause spot fires and ignite structures,
debris and other objects.
There are methods for
property owners to prepare their structures to withstand ember attacks and
minimize the likelihood of flames or surface fire touching the structure or any
attachments. Experiments, models and post-fire studies have shown structures
ignite due to the condition of the structure and everything around it, up to
200’ from the foundation.
This is called the Home
Ignition Zone. (Or referred to in this document as the structure ignition
zone.)
What is the Structure Ignition Zone?
The concept of the
structure ignition zone was developed by retired USDA Forest Service fire
scientist Jack Cohen in the late 1990’s, following some breakthrough
experimental research into how structures ignite due to the effects of radiant
heat.
The structure ignition zone is divided into three zones;
immediate, intermediate and extended.
Immediate Zone
The structure and the area
0-5’ from the furthest attached exterior point of the structure; defined as a
non-combustible area. Science tells us this is the most important zone to take
immediate action on as it is the most vulnerable to embers.
START WITH THE STRUCTURES then move into the
landscaping section of the Immediate Zone.
• Clean roofs and gutters
of dead leaves, debris and pine needles that could catch embers.
• Replace or repair any
loose or missing shingles or roof tiles to prevent ember penetration.
• Reduce embers that could pass through vents in the eaves by installing
1/8” metal mesh screening.
• Clean debris from
exterior attic vents and install 1/8” metal mesh screening to reduce embers.
• Repair or replace
damaged or loose window screens and any broken windows. Screen or box-in areas
below patios and decks with wire mesh to prevent debris and combustible
materials from accumulating.
• Move any flammable
material away from wall exteriors – mulch, flammable plants, leaves and
needles, firewood piles – anything that can burn. Remove anything stored
underneath decks or porches. Intermediate Zone 5-30’ from the furthest exterior
point of the structure.
Landscaping/hardscaping – employing careful landscaping or creating
breaks that can help influence and decrease fire behavior
• Clear vegetation from
under large stationary propane tanks.
• Create fuel breaks with
driveways, walkways/paths, patios, and decks.
• Keep lawns and native
grasses mowed to a height of 4”.
• Remove ladder fuels (vegetation under trees) so a surface fire cannot
reach the crowns. Prune trees up to 6-10’ from the ground; for shorter trees do
not exceed 1/3 of the overall tree height.
• Space trees to have a
minimum of 18’ between crowns with the distance increasing with the percentage
of slope.
• Tree placement should be
planned to ensure the mature canopy is no closer than 10’ to the edge of the
structure.
• Tree and shrubs in this
zone should be limited to small clusters of a few each to break up the
continuity of the vegetation across the landscape. Extended Zone 30-100’, out
to 200’. Landscaping – the goal here is not to eliminate fire but to interrupt
fire’s path and keep flames smaller and on the ground.
• Dispose of heavy
accumulations of ground litter/debris.
• Remove dead plant and
tree material.
• Remove small conifers
growing between mature trees.
• Remove vegetation
adjacent to storage sheds or other outbuildings within this area.
• Trees 30 to 60’ from the
structure should have at least 12’ between canopy tops.
• Trees 60 to 100’ from
the structure should have at least 6’ between the canopy tops. If an evacuation
becomes evident
• If possible, identify
the location and direction of the fire event. Remain cognizant that this can
quickly change direction and speed.
• Clearly explain your
evacuation procedures to all that may be involved.
• Identify special medical
needs and gather emergency equipment and necessities, including trauma supplies
for ready access.
• Designate enough
vehicles to evacuate everyone safely. Reinforce safe driving practices with all
drivers.
• Equip staff with
emergency communications equipment (cell phones, walkie-talkies, whistles,
flares, colored smoke canisters, etc.). Ask your local jurisdiction authority
for suggestions.
• Load key equipment,
vital records, food, and water.
• Ask qualified associates
to disconnect and move LP gas tanks to a safer location, such as a gravel lot,
or follow the manufacturer’s instructions to empty the tanks.
• Warn firefighters of
underground fuel storage or LP gas tanks before you leave. Making your facility
fire resistant can help reduce property loss. However, keep in mind that these
steps should be done only by assigned staff in conjunction with an evacuation
and never require or allow staff to remain behind. Close and secure all doors
and windows once combustible materials have been moved away from these
openings.
• Wet down buildings and
roofs. There are commercial grade fire retardant products available that can
help support your efforts to protect your property. But do your research ahead
of time; and don’t let the application of these products reduce the priority of
evacuating.
• Have qualified personnel
cut down trees in the fire path, bulldoze a firebreak, and cut field grass as
short as possible.
• Remove brush and dry
vegetation near buildings.
Fire Evacuation – What you need to know
During wildfire season, you may be forced to evacuate in a hurry.
People are your first priority; to include guests, staff and firefighters. Most
fire evacuations provide at least a three-hour notice; but due to the scope of
your operation, you may need to do it sooner. Take proactive steps before and
during an evacuation to reduce anxiety and avoid injuries. Plan, prepare and
practice.
Filing claims
In the event your area
experiences a wildfire event, it is highly likely it will not only be monitored
by your insurance agent, in addition to your insurance company. Pre-loss
documentation, such as video recordings and pictures of buildings, business
personal property inventories, should be up to date and included as part of
your evacuation materials. Working with your agent is a great resource to
understand what might be necessary to help with documentation, if you should
need it.
You’ve secured federal registration for your trademarks and you’ve
been building your brand recognition.
Per your trademark attorney’s recommendation, you’ve had quarterly
searches conducted to find similar marks.
Lo and behold, a new entry to the market is using your trademark. Now what?
Stop and take a breath; let the initial surprise or anger settle. There
is a lot to consider before taking any action.
Take Stock of the Situation
First, take a look at your
own trademark. Is it the name of your
winery or of one of your products? Is it
a national brand or one that is distributed in a small geographic area? In what classes of goods and services is it
registered (e.g., class 033 for wine, class 040 for “custom production of wine
for others,” etc.)?
Then look at the
competitor’s mark. Is the mark identical
to yours or similar? How similar? Is it broadly distributed? Is it used for the same goods and services as
your mark? If not, how similar are the
goods and services? Are your products
marketed through the same trade channels?
Are consumers likely to encounter both your products and theirs? Have they attempted to register their
trademark and, if so, where are they in that process?
No one question will be
determinative in any given case, but on balance, they will help develop a sense
of how much effort should be expended to enforce your rights. As discussed below, there are numerous paths,
each with its own set of risks and potential rewards. An international brand that is known
throughout the industry, like E. & J. Gallo, must be far more protective of
its Gallo® mark than a small winery in Oregon that has a registered trademark
for a rosé product only distributed in the Pacific Northwest.
First Contact
As the owner of a
registered trademark, it is your duty to “police” your mark; that is, to
monitor unauthorized use of your mark by others and to enforce your right to
exclusivity of that mark. When large
corporations learn of potential infringement, their immediate response is
generally to have their attorneys send a cease and desist (C&D)
letter. For smaller companies, a
personal attempt to contact the owner of the infringing business is often
effective. Sometimes the other party
simply did not know about your mark. If
you found their use of the mark before they spent considerable time and money
developing it as a brand, they may be willing to simply let it go.
When making these calls, it
is important to maintain a demeanor that is both friendly and firm. There is no need to accuse the other side of
wrong-doing or of violating your trademark knowingly. However, you should simply let them know that
you do have a registration for the mark and that their use is likely to cause
confusion in the market as to the source of your respective goods. If you give them a reasonable amount of time
to work through any inventory bearing the infringing mark and to rebrand, this
can often be the end of the matter.
Cease and Desist Letter
If the friendly approach
doesn’t work, the next step is generally a cease and desist letter. This is most effective if drafted and sent by
an attorney. The tone of these letters
tends to be more matter-of-fact. They
identify your trademark(s); explain that you have spent a considerable amount
of time, effort, and money to build your brand around the mark; identify the
other party’s infringing use; state that the use is unauthorized and likely to
cause economic harm and loss of goodwill in your brand; and demand that they
stop using the mark within a given time frame.
While these letters can
sometimes be effective, especially against smaller companies, they have become
so commonplace that often they are simply ignored by more savvy companies who
may wait to see if further steps are taken before deciding whether to
rebrand. Accordingly, you should
carefully weigh all of your options and decide in advance whether you will
escalate the matter if your C&D letter is ignored.
Trademark Opposition
If the other side has
attempted to register their mark, there is a narrow window of opportunity for
you to challenge their application before it registers. If, after conducting a search of other marks,
the U.S. Patent and Trademark Office (USPTO) determines that the mark is
registerable, it will publish the mark in the Official Gazette. This publication opens a 30-day window for
anyone who believes they will be harmed by registration of the mark to file an
opposition to the application.
This process should not be
entered into lightly. In some cases,
simply filing the opposition will be enough to get the other side to give up
its mark. But, if they choose to fight
the opposition, you will find yourself in a litigious process that takes time,
effort, and money to complete. As in
civil litigation, the parties to an opposition file motions and briefs, request
documents from the other side, take depositions, serve interrogatories that
must be answered, and present their evidence to the Trademark Trials and
Appeals Board for its consideration.
If the opposition goes all
the way to the trial stage, it will generally take at least 18 months from when
the notice is filed to when the last brief is due and will cost each side in
the tens of thousands of dollars. As
with civil litigation, most oppositions do not reach the trial stage, because
the parties are able to come to terms and settle the dispute on their own. But, this often does not occur until sometime
in the discovery phase, after both sides have spent a considerable amount on
legal fees.
It is important to note
that the object of an opposition proceeding is to prevent registration of the
other side’s trademark and, if you are successful, that is your sole
remedy. There are no monetary damages
awarded, nor can you recover your legal fees from the other side. Moreover, while they will lose their ability
to register their trademark, it does not necessarily mean the other side will
stop using the mark on their goods or services.
In that case, you would have to file a trademark infringement litigation
(see below) to get them to stop using the mark, entirely. In practical terms, succeeding in an
opposition will often be enough to get the other side to abandon their mark,
because if you were to follow through with a civil litigation, they could be on
the hook for treble damages for willful infringement.
Trademark Cancellation
If you discover the other
side’s trademark application after the 30-day opposition window has expired,
your only option to challenge the mark at the USPTO is to wait until the
trademark actually registers and then to file a trademark cancellation
proceeding. Though there are some
differences between cancellation and opposition proceedings, particularly if
the challenged mark has been registered for more than five years, they are
similar in most procedural respects.
Trademark Infringement
Litigation
As one might expect,
filing a trademark infringement case in federal court is the nuclear
option. Depending upon the jurisdiction,
the time frame for completing a litigation may be faster or slower than an
opposition or cancellation proceeding at the USPTO. But, whereas those procedures will likely
cost the parties tens of thousands of dollars, a civil litigation will likely
reach six figures, or more.
The reason for this higher
cost is that there are more issues to consider in these cases. If
your are successful in a civil litigation, you may not only obtain
injunctive relief, foreclosing the defendant from all future use of the mark,
but also may obtain monetary damages associated with the defendant’s past use
of the mark, as well as attorney’s fees expended in the proceeding. Moreover, if the defendant is found to have
willfully infringed your trademark, they may be required to pay treble
damages.
These issues, which are
not even addressed in an opposition/cancellation, add breadth to the scope of
discovery taken, which increases the cost.
Further, whereas most opposition/cancellation proceedings are decided
without an oral hearing, a civil litigation generally requires live testimony
and argument in front of a judge or jury.
These proceedings require a great deal of attorney preparation,
dramatically increasing legal fees.
Conclusion
As the owner of a valid
trademark registration, you are obligated to police your mark and failure to do
so can result in a dramatic diminishment of your rights or even outright
abandonment of your registration. But,
that does not mean you have to file a civil litigation against every minor
infringement. Determining the
appropriate path in any given situation requires a careful evaluation of all
the circumstances and balancing the risks of action versus inaction. It is critical to engage a knowledgeable
trademark attorney, who will properly assess these risks, your likelihood of
success, and the most effective course of action in your case.
Brian Kaider is a principal of KaiderLaw, an intellectual property law firm with extensive experience in the craft beverage industry. He has represented clients from the smallest of start-up breweries to Fortune 500 corporations in the navigation of regulatory requirements, drafting and negotiating contracts, prosecuting trademark and patent applications, and complex commercial litigation.
Winery and Vineyard operations are a happy mix of old world charm
with agricultural roots, where a neighbors word was as ‘good as gold’ and a
handshake was an iron clad agreement, mingled into the modern world with
exposures that are more diversified and
with specialized job duties, broader national reach and the increasing
litigious environment.
Contracts can be quite
intimidating, confusing and even deceptive at times.
Contract ATips
Before we get started, as
with all editorial information, this should in no way be considered legal
advice. Please contact your attorney for
all legal advice specific to your needs or situation.
For simplicity, we will look at two main views; contracts that you
create and have others sign and the contracts that you sign as a
winery/vineyard operation.
Contracts You Create
Some of the most common
agreements or contracts that a winery and vineyard operation creates can
include worker contracts, processing contracts and vendors.
Depending on the
circumstance, contracts for workers need to be clear on employment
relationships as an employee, subcontractor or increasingly, a co-employee
through a Professional Employer Organization (PEO).
The winery industry has a
wide breath of operations with the larger accounts that need H-2A seasonal
workers contracts to the sole proprietorship where the labor is all
family. A contract should be specific on
the conditions and expectations for both parties.
In processing, there are
custom crush operations that handle the complete cycle of wine production from
crush to storage, down to a single task process, like using a mobile
bottler. Contracts can relate to a
transportation exposures where a hired contractor is used to move the stock
between locations or a storage warehouse exposure that needs to address the
conditions and the insurance responsibility for the wine value.
Consider the time element
and any penalties associated if an operation under contract fails to meet
expectations.
Contracts You Sign
If you have a contract
with a bottle manufacturer, cork maker, label printer, bottle filler and
transportation company, do they line up with the timing and expectations to
make sure your production is a success?
If you are responsible for
the production operations, are there service contracts in place for the
equipment if a part or service is needed at a crucial time in production?
Another common contract to
the business is the Lease Agreement. The
basics are familiar to most, with renting a location to run an operation,
having a monthly fee and a term agreement are very generic. The contract can also have specifics as to
the type of operations and alterations allowed.
It may be OK to make wine but not allow pressure vessels or brewery
operations. You can have the tenant
improvements and betterments with installing a tasting bar, but no authority to
add a kitchen space.
Contractors and vendors
can also require a winery or vineyard to sign a contract. Examples include a band playing on the stage,
craft vendors at the harvest festival or food services. In the best interest of the winery, the
contract should address the insurance aspects of the agreement. Each of the details in the contract should be
viewed through the lens of the risk manager.
A contract should be clear and valid but remember, it is not an
insurance solution. The contract should
address the specific insurance requirements needed.
Insurance policies can
also be considered a contract. Verify the language on your insurance policy
protects and defends the winery. The
language should be clear to both the scope and the limit of insurance
required. In most cases, providing proof
of insurance with the adequate limits is enough justification for the insurance
clause. Taking it one step further, the
contract may require the signer to add the winery as an Additional Insured for
events that are hosted on the insured property.
In many cases, having a
contract in force can be one of the triggers on many insurance policies that allow
for an additional insured status to apply.
After the contract is
properly executed and additional insured status is secured, the insured should
verify that the limits of insurance available are at least equal to the limits
under their commercial general liability policy.
Time to ‘punch down’ and
get a little more flavor. When we switch
gears and look at contracts the winery/vineyard operation is being requested to
sign, paying close attention to details is paramount. Signing a contract without understanding the
consequence can have huge implications on your business.
The nature of operations
in the industry has many vendor exposures, whether as a festival booth or as a
supplier to a restaurant or grocery chain.
Many of these contracts will have a requirement for limits as well as an
indemnification clause that requires an additional insured status under the
winery/vineyard insurance protection.
The contracts can get detailed with requesting high limits, giving up
rights to subrogation of a loss or to ignore negligent acts.
One important point in
reviewing a contract is to understand from an insurance standpoint, if you
agree to a condition in a contract, is it something your insurance policy will
cover? If you sign a contract that is
not supported by your insurance policy, you could be responsible for payments
in the agreement that are not payable by the insurance carrier. Failure to satisfy a contract may not be
related to a covered cause of loss under the insurance language.
As a vineyard, do you have
a contract to be a supplier to a winery, in which the contract states if you
fail to provide a certain volume you would owe a penalty?
As a custom crush
operation, are you under contract agreement to produce a product in a certain
timeframe? Are you contractually
obligated to insure the wine stock of others at a certain settlement price?
As a vendor in a national
chain store, are you required to carry higher limits of insurance or coverage
lines such as auto and worker compensation?
It may be difficult to do business today without contracts in one
aspect of your operation or another.
Having the right contract in place can be a form of risk management, but
can also be a source of liability on your operations.
Not every business is the
same and in fact one of the hallmarks of the industry is to celebrate the
differences in both product and experience.
This creates a unique situation that should have an equally unique
contract for the specific needs. It is
best practice to have professional legal counsel in drawing up any contract in
lieu of the generic options.
Ideally contracts will be
written with clear and simple language that will address the relationship and
expectations for the situation.
The subject matter of
contracts is complicated and often creates confusion. It is important for
operations to begin considering some of the issues BEFORE a loss or conflict
occurs.
The best contract you can
enter in, is a high quality insurance policy.
The insurance policy is a contract agreement that is signed by both
parties. Although it can be somewhat
complex in the language, the details of the contract indicate the expectations
of both parties and what is to happen if certain criteria is met, what coverages
are included, what responsibilities are required for the insured and what
promises of settlement are made by the carrier.
Insurance can play a major role in working with the various business
contracts.
As contract partners, it
is recommended you work with your insurance agent or carrier to review any
contract agreement to determine how it will affect your liabilities and to
confirm if additional risk management tools may be needed.
Top 3 Tips for Contracts
1. Get it in writing.
2. Keep it simple in language and form.
3. Seek professional advice from your insurance advisor and legal counsel.
Mercer Family Estate, Horse Heaven Hills, Washington
By: Cheryl Gray
From grapes to glass, teamwork is at the top of the list of requirements for any successful vineyard or winery. And what of the extras that come into play if that team happens to be family?
Just ask Brenda Mercer of
Mercer Family Vineyards, whose family settled in the Prosser, Washington area
in 1886, before Washington became a state.
Three Mercer brothers, Don, Bud and Rick, founded the fifth-generation enterprise right in the
heart of what is now the world-renowned, grape-growing Yakima Valley.
“They moved out to the
Horse Heaven Hills after World War II to run a cattle and sheep operation,
initially. As things progressed and
irrigation water became available, the Mercer (Ranches) began growing row crops
such as sugar beets and potatoes. Under
the recommendation of Dr. Walter Clore, Don and Linda Mercer planted the very
first wine grapes in the HHH in 1972 on what is now known today as Champoux
Vineyard.”
Mercer adds that the
family has incorporated education and technology into the variety of wine
grapes they produce, spread across at least a half-dozen vineyards totaling
nearly 1,000 acres. ”There is a great
deal of education and training happening in our neck of the woods in the field
of agriculture and viticulture. We are
blessed to have the WSU (Washington State University) Wine Science Center in
our back yard. But even with education
and outside training, a lot of knowledge is still gained by hands on
experience. “
John Derrick, Vineyard
Manager for Mercer Ranches, has been with the family for three
generations. Derrick points out that the
success of this family-run business has always included collaborating with
educational partners who are in the region. “We are lucky enough to work with
WSU, WSU Tri-Cities, Yakima Valley Community College, Walla Walla Community
College and LAEP (Latino Agricultural Education Program). We also work directly with educators and
extension in the vineyard doing experiments and collaborating on new ideas and
products. Working with the programs above, we have built up a great team here
at Mercer Ranches. “
Derrick adds that Mercer
Ranches has recently placed emphasis on expanding its vineyard operations,
providing, he says, the perfect opportunity to try new methods and ideas. “I have always appreciated the family’s willingness to try something
new and I have seen that first hand with three generations now. Mercer Ranches was well positioned to
mechanize the vineyards because of the vision and drive provided by Rob (Mercer).”
Brothers Rob and Will
Mercer, both of whom attended Washington State University, have been running
the family business since 2010. Rob is
in charge of the farming and viticulture operations. Will serves as General Manager at Mercer
Estates. In fact, many of the Mercer
family offspring either currently work or have worked the farm and
vineyards Liz Mercer-Elliott, another
WSU graduate who also trained in winemaking at Hogue Cellars, runs the
company’s Carma Wine Club out of its Prosser Tasting Room. Calvin Mercer, another WSU graduate, runs
Austin Sharp Vineyard. Still other
family members have worked in many different facets of the company.
According to Andrew
Martinez, Head Winemaker of Martinez Vineyard & Winery, the Mercer family
helped to bring to life his own family’s dream of operating a vineyard and
winery in Yakima Valley. Martinez says
his immigrant father, Sergio, and mother, Kristy, a Washington native, bought
and planted clones from Don and Linda Mercer back in 1981, planting three acres
of Cabernet Sauvignon on property the Martinez family bought on Phinny Hill in
the Horse Heaven Hills in 1978. Martinez
was born a year and a half after his father planted the family’s first
vineyard.
“Helping to lay
irrigation, plant grapes, sucker, prune, hoe weeds, shoot thin, and harvest are
all things that were fairly normal chores in my upbringing. All the hard work
that is spent in the vineyard is the reason for realizing the need to go to
college for a better life.” Martinez
graduated from Yakima Valley Community College with a degree in Science and
attended as many wine-making seminars and other educational outreach programs
as he could. He honed his wine-making
skills four days out of the week while working as a dental hygienist part-time.
In the meantime, Martinez says that his
wife, Monica, who also grew up on a
farm and whose grandfather, he says, was among the first winemakers in Prosser
making wine from Washington grapes, earned her MBA. The couple’s return on investment in education,
Martinez says, has greatly benefitted the family business. “Needless to say, wine and grape growing runs
thick in our blood. Monica’s MBA and my
Science degrees have helped the vineyard and winery be elevated with tools they
needed to be more successful.”
Martinez says the family
made the leap from grape growers to wine makers in 2005. “… I talked my dad into making two barrels
of wine for our first 50 cases. For years, we had sold the grapes but now, it
was time to start utilizing them ourselves. It was time to show all the hard
work and dedication in the vineyard to everyone! Barrel-aging wines for 24 months, we had time
to stockpile vintages and slowly increased amounts until 2007, where we started
selling in a corner of a shared room at Winemakers Loft. In 2009, the facility was sold and new owners
wanted to fill actual tasting rooms. So, we were up with a hard decision. Was
it time to have an actual tasting room of our own? Being a microscopic winery, it was either
sink or swim and we decided to go for it.
Thirty-eight years after the vineyard was planted, 14 years after our
first two barrels of wine made, and 10 years after having the tasting room
opened, we are making over 2,000 cases of wine and selling 95% of that through
that same door each year.”
Martinez says the business
tasks are now split among the family members.
While he serves as Head Winemaker, Sergio Martinez is Grape Grower,
Kristy Martinez is in charge of Tasting Room/Hospitality and Monica Martinez is
Business Manager.
Two Mountain Winery is a
fourth generation enterprise headed by brothers Matthew and Patrick Rawn. Located in Yakima Valley near Zillah, the
Rawn brothers oversee 228 acres of wine grapes on seven vineyard sites used not
only for their own wine production but also for their winery grape clients.
Patrick Rawn, who is
General Manager and Head of Vineyard Operations, says that once the brothers
returned to their family’s land, they focused their interest, passion and
skillset(s) on producing grapes for making wine, transforming what was once a
family-owned tree fruit farm into a successful vineyard and winery. They planted the first vineyard in 2000. “Our production facility and a couple of our
vineyards are located on the farm our grandparents started in 1950, near where
our grandfather grew up farming… it is very important to us we honor our
history and their legacy. “