Is it Legal to Put Liquor in My Baskets?

"My client wants me to include a bottle of champagne in the basket. Is that okay?"

I’m asked this question all the time. You’re so happy to finally get the sale that you’ll do anything to please the customer -- even break the law.

Adding wines and alcohol to your gift baskets when you have not been issued a license by state officials to do so is a crime punishable by law.

Just when you think it’s okay to add a bottle of bubbly "just one time," you could be selling that gift basket to an undercover ATF (alcohol, tobacco and firearms) officer. The hassle isn’t worth the cost.

The only time you can put wine or alcohol in your gift basket is when you're giving the basket to someone without taking money for your design. In other words, you can put wine or alcohol in your basket if you will not be paid for it.

As a business, suppose you receive an order that requests adding a bottle of red wine. You accept the order, drive to your local liquor store and purchase the product. When the basket is complete, you drive to the recipient’s home to make the delivery.

You ring the bell, and the recipient’s 8-year-old daughter answers the door. "My mommy’s not home," she says. It’s 9:00 p.m., and you don’t feel like making a return trip, plus your client will be disappointed if the basket isn’t delivered this evening. It’s no big deal to leave the basket with the child, right? Wrong.

Children who accept packages can also open the gift and consume the contents. After the mother accompanies her inebriated child to the hospital, she’ll be ready to lash out at the responsible party. If she doesn’t call the police, the hospital certainly will. The same night you profit from the sale will be a night you also incur a loss. You will be escorted to the police station where you could be held criminally liable for your ignorance.

So how do you walk the fine line between making your clients and the ATF happy? You have two choices:

1) Explain to your clients that you are not licensed to package wines and alcohol in your baskets. Any client who does not understand this and either insists that you comply with his/her wishes or says that he/she will never again use your services is a person you don’t need as a client.

2) Offer the client a non-alcoholic substitute. Suppliers have created a myriad of products that rival wines and alcohol in packaging, appearance and taste. Open-minded clients will understand that you cannot include alcoholic products and will either choose one of the alternatives you offer or drop the idea of adding the alcoholic item.

If you're making gift baskets for fun, add the wines and alcohols of your choice. If you're making gift baskets for profit, don’t break the law just to make a sale.