I agree with your take on "walk-in" purchases, especially when they are allowed two cartons at a time. The PACT Act does not regulate walk-in purchases. The PACT Act does regulate state to state commerce. The US "Postal Service is required by law to provide delivery service to the American public when mailable matter is properly presented." The mail-order/internet sales are not "walk-in" purchases, purchased made on our territory. Although the operator may be Seneca, and their operation is in Seneca Nation, their mailable matter is not properly presented as such. The operators utilize NY addresses and, possibly, NY/USA based servers to host their site and transactions. (States have been making strides towards recover internet gambling revenue based on the location of the user or server) Besides the advertised Seneca-branding, operators are representing themselves as domestic NY operations shipping to another state. Even under these circumstances i would agree with your take that it's allowed, since, the US postal service is not required to inspect the packages, other foreign countries can do it, and the importers are required to reporting their imports(over two cartons) to the state. I agree that the responsibility is on the consumer, which is why our businesses have to stop crying foul, racism, discrimination, everytime their exploitive models are questioned. Claiming sovereignty than operating as just another domestic business of NY harms legitimately sovereign businesses. Exporters should respect foreign nations policies.
November 13, 2009 11:30 AM
Ohnkwe Ohnwe said...
It is not that consumers are only allowed to purchase two cartons, it is that up to two cartons are exempt from the state use tax (in New York). Whether a purchase is of the "walk-in" variety or a remote or non face-to-face purchase, the point of purchase is still at our retail establishments. Although the definition of "point of purchase" has been batted around, the generally accepted definition is the place where either the funds are collected for the transaction or where the data for payment is collected. It isn't an issue of the use of the mail or internet or phone. It is where the data is physically being collected. Call centers that are not on our land probably cross a defensible line, but server location or definition of cyberspace are irrelevant.
November 13, 2009 12:27 PM