BUYING WINES DURING THE 2020 BUYING MORATORIUM

marcs · Post by **marcs** » Wed Jan 01, 2020 6:54 pm

This thread is for supporting those who wish to continue buying wines during the 2020 buying "moratorium", discussing all the various exemptions and exceptions to the so-called moratorium, or just for people who are buying wine during 2020 and want to see if they can get others to do so as well!

Blanquito · Post by **Blanquito** » Wed Jan 01, 2020 8:38 pm

Day 1 of my captivity...

The going is easy, I am feeling fine as I consider plans to ship all the wine ordered in the final-minutes-of-2019-buying orgy. Come on, who could need more wine?!, I tell myself...

I feel a sense of pride. I am proud of us for our commitments to buy no wine before its time, proud of Stefan for doubling-down of buying during our freeze, proud of the BD for granting all of his generous dispensations and exemptions, proud of the youngsters on the site who will pick up the slack while we wise ones hunker down, so proud...

Only a small, mostly repressed, sense of dread alerts me to any inkling that something may be amiss...

OrlandoRobert · Post by **OrlandoRobert** » Wed Jan 01, 2020 11:12 pm

In support of the moratorium, I think you all should drink more in 2020. With the hindsight of 20/20 - get it - you will be able to buy more in 2021

DavidG · Post by **DavidG** » Thu Jan 02, 2020 3:22 pm

My wife rolled her eyes - yet again - when I reminded her yesterday I really was holding to no more than 12 bottles purchased for the entire year. Especially after I told her about my final under the wire purchase at 11:57 PM on 12/31. She thinks we’ve got way too much wine already so she’ll be very supportive.

Those of us doing this should get extra credit: 2020 is a leap year so our fortitude will be tested an extra day!

Blanquito · Post by **Blanquito** » Thu Jan 02, 2020 5:52 pm

1.5 days down, 364.5 to go.

JimHow · Post by **JimHow** » Thu Jan 02, 2020 6:03 pm

I feel strong.

DavidG · Post by **DavidG** » Thu Jan 02, 2020 8:07 pm

It’s been over 1 day since I bought wine.
Master of my domain.

jal · Post by **jal** » Thu Jan 02, 2020 8:50 pm

DavidG wrote: Master of my domain.

Me as well

Almost did this, though:

https://images.app.goo.gl/LcXXhGHbz6tPArgM7

Blanquito · Post by **Blanquito** » Thu Jan 02, 2020 10:22 pm

There’s a blanket champagne exemption, right? Or is that just Chris B’s?

DavidG · Post by **DavidG** » Thu Jan 02, 2020 10:25 pm

No blanket Champagne exemption that I know of.
Mr. Vino got one, not sure about ChrisB.

Blanquito · Post by **Blanquito** » Thu Jan 02, 2020 10:54 pm

Alrighty then, I am hence 7 bottles into my one mixed case for the year!!!

jal · Post by **jal** » Thu Jan 02, 2020 11:56 pm

So question
I know there's a blanket exemption for wine purchased at a restaurant during a meal, how about a bottle purchased on the way to said restaurant to consume with dinner?

SF Ed · Post by **SF Ed** » Fri Jan 03, 2020 2:05 am

Its not the same as what you guys are trying to do, but I was looking at my CellarTracker stats and I have drunk a substantial number of bottles more than I have purchased in 2017, 2018, and 2019. That's been my goal - reduce cellar size and buy less wine. I've been achieving both (with consumption down a bit too).

Maybe I am doing the slow taper while you guys are doing the fast. Different ways of getting to the same outcome.

SF Ed

stefan · Post by **stefan** » Fri Jan 03, 2020 2:07 am

And suppose on the way, you buy a case of wine to make sure you have enough for dinner--can you keep any unconsumed bottles or must you gift them to the waitstaff?

(Methinks stefan will enjoy this moratorium much more than the participants,)

DavidG · Post by **DavidG** » Fri Jan 03, 2020 2:42 pm

Two days down, zero purchases.
Master of my domain!

DavidG · Post by **DavidG** » Fri Jan 03, 2020 2:44 pm

jal wrote:So question
I know there's a blanket exemption for wine purchased at a restaurant during a meal, how about a bottle purchased on the way to said restaurant to consume with dinner?

I dunno, need a ruling from Jim. I asked for and got an exemption for bottles bought specifically for a dinner or tasting. Not sure if it’s universal. I'll argue it should be.

JimHow · Post by **JimHow** » Fri Jan 03, 2020 2:48 pm

Patrick/Jacques:

We lawyers have a term, "nunc pro tunc," Latin for "now for then."
We basically file motions "nunc pro tunc" when we are seeking retroactive relief, or seeking to have something implemented dating back to a prior date.
Usually it requires some level of special cause, unless an opposing party does not object.
The best I can do is grant a Champagne exemption "nunc pro tunc," since I granted such to Winona Chief.
Likewise, I believe a nunc pro tunc granting of the bottle-purchased-on-way-to-restaurant exemption seems consistent with exemptions granted prior to 12/31.
The buying-a-case-on-way-to-dinner exemption request seems like an abuse of process, however, and is hereby denied.

JimHow · Post by **JimHow** » Fri Jan 03, 2020 2:51 pm

Ha David, you posted as I was typing the above message.
You read my mind.
Indeed, most requests "nunc pro tunc" will be granted, provided they are consistent with requests granted prior to 12/31.

DavidG · Post by **DavidG** » Fri Jan 03, 2020 2:53 pm

JimHow wrote:Patrick/Jacques:
The buying-a-case-on-way-to-dinner exemption request seems like an abuse of process, however, and is hereby denied.

Even if it is entirely consumed at that dinner?

Just sayin' - we’ve got some ambitious BWEs in this group.

JimHow · Post by **JimHow** » Fri Jan 03, 2020 2:53 pm

Hmm. You make a compelling argument.

Jay Winton · Post by **Jay Winton** » Fri Jan 03, 2020 4:38 pm

restaurant wine purchases to be consumed at dinner aren't part of this, right? I actually cancelled a good deal I made on Dec. 30th. I can stay strong. I just unsubscribed from wine vendor emails. No sense looking at deals I'm not going to buy.

jal · Post by **jal** » Fri Jan 03, 2020 5:17 pm

1 bottle of Leroy Bourgogne to be consumed at a restaurant was brought back home as the restaurant had a semi decent wine list. I will therefore count this as part of my purchases for the year.

1 down
35 to go.

JimHow · Post by **JimHow** » Fri Jan 03, 2020 6:02 pm

Well done, Jacques. Well done.
Certainly in the spirit of the moratorium.

jal · Post by **jal** » Fri Jan 03, 2020 8:18 pm

8 bottles today:
Edmond Vatan Sancerre Clos la Néore 2017 × 3 ($140.00 ea.)
Castiglion del Bosco Rosso 2015 $19.00
Larue St. Aubin 1er Cru En Remilly 2014 × 2 ($50.00 ea.)
Servin Chablis 1er Cru Butteaux 2017 × 2 ($35.00 ea.)

27 bottles remaining.

I can do it. I can do it. I can do it. I can do it.

brodway · Post by **brodway** » Sat Jan 04, 2020 2:52 am

We lawyers have a term, "nunc pro tunc," Latin for "now for then."

https://www.youtube.com/watch?v=68eue5cpbsE

brodway · Post by **brodway** » Sat Jan 04, 2020 3:02 am

Jim....

why is it that each member has to make a new application for an exemption on something that was already decided in a previous ruling? wouldn't each and every BWE member be subject to same exemption based on res judicata ?

JimHow · Post by **JimHow** » Sat Jan 04, 2020 4:14 pm

I think that would be more in the nature of stare decisis, Emil.
The dicatorial (legislative) intent was that there would be no more granting of exemptions after midnight on 12/31.
In my kindness and benevolence, however, I am willing to do everything I can to help BWEers, in their human frailties, with their wine needs.
The only procedural relief I see available is through a petition nunc pro tunc, for good cause shown.
But yes, your argument is sound, the relief requested would likely be granted based upon the precedent of prior rulings in December 2019.

OrlandoRobert · Post by **OrlandoRobert** » Sat Jan 04, 2020 6:02 pm

Sir Jim, are we at leave to acquire more 2016 Sociando Mallet?

While I was not participating in a total moratoria, I was swearing off of new releases.

JimHow · Post by **JimHow** » Sat Jan 04, 2020 6:09 pm

Leave granted, OB.
Our records indicate you are not subject to the moratorium.

OrlandoRobert · Post by **OrlandoRobert** » Sat Jan 04, 2020 6:12 pm

Done. And excellent!

DavidG · Post by **DavidG** » Sun Jan 05, 2020 12:32 am

Three days down, zero purchases.
Master of my domain!

AKR · Post by **AKR** » Sun Jan 05, 2020 1:01 am

jal wrote:1 bottle of Leroy Bourgogne to be consumed at a restaurant was brought back home as the restaurant had a semi decent wine list. I will therefore count this as part of my purchases for the year.

1 down
35 to go.

I would note that BillP and I just threw back an 05 rouge of Leroy, and it went very well with puffy mushroom tartelettes. I'm not well versed in the hierarchy of Bourgognes, but it was crazy good. But I guess M. Lalou Bize is pretty crazy herself!

jal · Post by **jal** » Sun Jan 05, 2020 1:49 am

Mine was a white and we drank it yesterday. For the price $65), I thought it was just ok, a bit too much reduction and it paled in comparison to a 2016 Roulot White Bourgogne that tasted more like a Meursault Villages.

Blanquito · Post by **Blanquito** » Sun Jan 05, 2020 4:11 am

No wine purchased today. I’m 3 for 4.

JimHow · Post by **JimHow** » Sun Jan 05, 2020 6:12 am

I'm feeling very strong.
That Champagne and Chasse Spleen purchase on Day One put me in a good frame of mind.
Very little desire to buy wine. A little bit of an urge after that Sociando on Friday night but heck I've got a case of it.
There's plenty in stock in NH and at the regular price it won't sell.
I may buy more later in the summer when it goes back on sale.

Nicklasss · Post by **Nicklasss** » Sun Jan 05, 2020 6:24 am

Stay strong BWEers.

Nic

P.s . Looking forward to see you all in 2020.

Comte Flaneur · Post by **Comte Flaneur** » Sun Jan 05, 2020 11:37 am

Exemption request:

Dear BD

Being blighted by being born in the year 1963, one of the worst ever for Bordeaux, and the fact I don’t drink port, birth year wines are lean pickings and rarely come up.

I have, however, just been offered a once in a life time opportunity of three bottles of Biondi Santi Brunello Di Montalcino 1963, which was deemed a good year in the region, and at a great price.

I hereby apply for an exemption on humanitarian grounds.

Your humble servant

CFdB

OrlandoRobert · Post by **OrlandoRobert** » Sun Jan 05, 2020 1:29 pm

I just purchased more BAMA. 2009 vintage. Yum.

brodway · Post by **brodway** » Sun Jan 05, 2020 2:36 pm

Comte

Your plea for exemption at this level may not be an appropriate venue. 63 Santi is almost holy. I will leave this to the BD, but its very possible that the Vatican may need to render this decision.

brodway · Post by **brodway** » Sun Jan 05, 2020 2:50 pm

The dicatorial (legislative) intent was that there would be no more granting of exemptions after midnight on 12/31

Jim....

I could be mistaken, but if the issue of fact was previously in question and your honor did strike down the gavel at midnight of 12/31/19 deciding in favor of a BWE members request for relief, wouldn't collateral estoppel apply in any future applications for same requests