THE V OICE OF AMERICA’S BEER, WINE & SPIRITS RETAILERS
ABL INSIDER VOL. 12, NO. 3 | FALL 2018
A PUBLICATION OF AMERICAN BEVERAGE LICENSEES
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2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers
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7.5 Billion $5 November Is Package Liquor Store Month
Affiliate Spotlight: Pete Madland (TLW)
ABL Releases 2018 Economic Impact Report
2019 ABL Annual Meeting Updates
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VOL. 12, NO. 3 | FALL 2018
contents 3 heritage
Celebrate the 9th Annual Package Liquor Store Month
9 industry voices
Craig Purser, President & CEO, NBWA
4 leading
10-11 legal updates
5 where we stand
12-13 state & local
ABL’s Recent Efforts to Support Independent Alcohol Retailers
Association Membership: Your Insurance Policy Against Harmful Public Policy
Key Legal Cases & Updates
Round-Up of State & Local News Stories for Retailers
14 guest view
6 affiliate spotlight
Pete Madland, Executive Director, Tavern League of Wisconsin
Jim McGreevy, President & CEO, Beer Institute
15 convene
7 economic impact
ABL Releases 2018 Economic Impact Report
Latest Information on the 2019 ABL Annual Meeting
16 associate & affiliate members
8 industry voices
Dawson Hobbs, SVP - Government Affairs, WSWA
industry calendar
OCTOBER 2018
MARCH 2019
Tavern League of Wisconsin Fall Conference & Trade Show
2019 ABL Annual Meeting
October 1-4 | Wisconsin Dells, WI October 9 | Mt. Vernon, VA
16th Annual Spirit of Mt. Vernon New York State Liquor Stores Association Trade Show
October 11 | Rochester, NY
New York State Liquor Stores Association Trade Show
October 15 | Little Rock, AR
United Beverage Retailers of Arkansas Annual Meeting
October 15-17 | Washington, DC ABL Fall Board Meeting
Connecticut Package Stores Association Fall Industry Update Alabama Licensed Beverage Association
ABL INSIDER
WSWA 76th Annual Convention & Exposition
APRIL 2019
April 1-4 | Appleton, WI
Tavern League of Wisconsin Spring Conference & Trade Show
April 7-10 | Washington, DC
JUNE 2019
October 24 | Atmore, AL
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March 31-April 3 | Orlando, FL
NBWA Legislative Conference
October 17 | Washington, DC
editor MATTHEW EVANS
March 29-April 1 | Miramar Beach, FL
Wine & Spirits Guild of America Spring Meeting
October 9 | Albany, NY
Published by: American Beverage Licensees 5101 River Rd, Suite 108 Bethesda, MD 20816 (301) 656-1494 www.ablusa.org
March 24-26 | Las Vegas, NV
June 10-12 | Louisville, KY
Beverage Alcohol Retailers Conference
ISSN# 2331-6594 (c) 2018 American Beverage Licensees. All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of the publisher.
AMERICAN BEVERAGE LICENSEES
executive director JOHN BODNOVICH director, trade relations & operations SUSAN DUFFY communications manager MATTHEW EVANS
heritage November Is Package Liquor Store Month: Join ABL in Celebrating America’s Off-Premise Beverage Retailers!
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his November, ABL and licensed beverage alcohol retailers nationwide will join together to celebrate the 9th Annual Package Liquor Store Month. This celebration recognizes the hard work, dedication and accomplishments of independent package liquor store owners from across the United States. Since 2009, ABL has encouraged cities, towns and municipalities to recognize the important and vital role that these small businesses play within their local communities. As licensed beverage retailers (and some of the last remaining independent businesses on “Main Street”), these package liquor stores strive to fulfill their commitment to the responsible sale of beverage alcohol and train their employees to do so - safely and responsibly. Package liquor store owners lead by example when it comes to: ensuring the proper sale of age-restricted products through specialized staff training; new product tastings; and by ensuring they remain accountable to industry regulators - while also working with all parties to develop and shape industrywide regulations and policies. Beverage alcohol retailers also serve as the face of the industry within the framework of the three-tier system. They interact directly with the consumers
– not only in selling products, but also through providing consumers with an education on the wide array of products available to them. This includes knowing where and how items are produced, as well as how best to enjoy and share them responsibly with friends and family. “Some of the last remaining independent businesses on Main Street, package liquor stores, which in most cases also sell beer and wine, train their employees to conduct safe and responsible faceto-face sales to adult consumers, thus leading by example when it comes to preventing underage access to alcohol,” said ABL President Steve Morris. “America’s independent package liquor stores also continue to have a positive impact on their communities by creating jobs, supporting local youth sports and civic organizations, leading disaster relief efforts, offering unparalleled product choices to millions of customers and leading the way when it comes to selling beverage alcohol responsibly.” Across the country, off-premise beverage alcohol retailers also play an important and dynamic role within the greater economy – both at the state and federal levels – with an overall economic impact of $42.04 billion last year. These retailers further account for more than 565,000 jobs, $18.67 billion in wages and benefits, along with $7.12 billion state/ local taxes and $9.18 billion in federal taxes.
“As consumers continue embracing new products and enjoy long-standing brands, independent package store owners provide an environment where a knowledgeable staff can educate customers on the thousands of options they have when it comes to picking the beverage that’s right for them,” noted John Bodnovich, ABL Executive Director. “Superior choice, great value and commitment to first-rate customer service make for better informed and more responsible consumers of beverage alcohol.” With the month of November kicking off the hustle-and-bustle of the holiday season, we encourage you to take a moment and ask members of your local communities to support their local, independently owned and operated small businesses. Accordingly, ABL urges you to promote Package Store Liquor Month by encouraging the members of your communities to visit their neighborhood package liquor store to find the perfect complement to their meal, home bar, party, or holiday celebration. So this November, ABL asks that you show your support for Package Liquor Store Month by posting a picture of your neighborhood package liquor store to social media using the hashtag #PLSMonth. |
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leading Working for You: ABL’s Recent Efforts to Support Independent Alcohol Retailers
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STEVE MORRIS President American Beverage Licensees
here have been several developments impacting America’s beer, wine and spirits retailers in the past few months that I would like to bring to your attention. Some of these developments (such as the U.S. Supreme Court granting cert in the Tennessee Retailers case) are more recent than others, and staff is working to get a better sense of the implications of these developments and will work with the board and myself to determine how best to approach and respond to them. In late September, the U.S. Supreme Court announced that it would hear the case of Tennessee Wine & Spirits Retailers Association v. Byrd. This marks the first time since Granholm v. Heald in 2005 that the Supreme Court has taken up a case that could broadly affect state alcohol laws and regulations, and the businesses of all ABL members. ABL is evaluating how its perspective as a national trade association of independent retail beverage licensees could lend clarity to what is a deeply complicated issue. Read more about the issue in the Legal Update on pages 10-11 of this issue. In mid-October, ABL released one of our most useful members-only benefits: the 2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers. ABL has commissioned this report from New York-based John Dunham & Associates on a biannual basis since 2012. Available in the “Members-Only” section of the ABL website, the 2018 Economic Impact Report and talking points can be broken out at the national, state, congressional district, and state legislative district levels, providing ABL members the ability to quantify the significant contributions they make to their communities when it comes to jobs, taxes and economic impact. As the economic impact section of the website is password protected, I encourage you to reach out to your state alcohol association for your association-specific password. We have also seen recent developments on the music licensing front on Capitol Hill, with both the House and Senate recently passing the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA). At the time of publishing, the bill is awaiting President Trump’s signature. While this bill does not fully address our concerns regarding the current state of music licensing in relation to on-premise retail, it is a positive step in the right direction. To this end, I would like to say “thank you” to our industry partners in the MIC Coalition for their hard work on this issue and continued efforts to reform the music licensing landscape. ABL continues working with the MIC Coalition and other parties in our efforts to pass the Transparency in Music Licensing and Ownership Act (H.R. 3350),
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which would provide retailers with increased transparency when dealing with performance rights organizations such as ASCAP, BMI and SESAC. Switching gears, as we approach November and prepare to celebrate Package Liquor Store Month, I wanted to take this opportunity to highlight the important role played by off-premise independent package liquor store owners and the sense of responsibility that they hold in serving their local communities. Some of the last remaining independent businesses on Main Street, package liquor stores, which in most cases also sell beer and wine, train their employees to conduct safe and responsible face-to-face sales to adult consumers, thus leading by example when it comes to preventing underage access to alcohol. America’s independent package liquor stores also continue to have a positive impact on their communities by creating jobs, supporting local youth sports and civic organizations, leading disaster relief efforts, offering unparalleled product choices to millions of customers and leading the way when it comes to selling beverage alcohol responsibly. Across the country, off-premise beverage alcohol retailers also play an important and dynamic role within the greater economy – both at the state and federal levels – with an overall economic impact of $42.04 billion last year. These retailers further account for more than 565,000 jobs, $18.67 billion in wages and benefits, along with $7.12 billion state/local taxes and $9.18 billion in federal taxes. As consumers embrace craft products, organic alternatives and local producers, independent package store owners provide an environment where a knowledgeable staff can educate customers on the thousands of options they have when it comes to picking the beverage alcohol product that’s right for them. It’s this superior choice and service that makes for better-informed (and more responsible) consumers of beverage alcohol. Lastly, I would like to encourage everyone to plan on joining us in Las Vegas on March 24-26 for the 2019 ABL Annual Meeting. Being held at Bally’s Las Vegas Hotel & Casino, the annual meeting is equal parts hospitality, education and networking, the 2019 ABL Annual Meeting is where independent on- and off-premise beverage retailers will come together to discuss the trends, challenges and opportunities facing them and their peers. Registration is currently open and remember to book your rooms with our reduced-price room block before space runs out! |
where we stand Association Membership: Your Insurance Policy Against Harmful Public Policy
J JOHN BODNOVICH Executive Director American Beverage Licensees
ohn F. Kennedy once said, “The time to repair the roof is when the sun is shining.”
As business owners, most beverage licensees take certain steps to protect themselves in case unforeseeable events should occur. Most people don’t expect their building to catch on fire, or for a little tropical rain storm developing into a category five hurricane that rips the roof off their bar. No one can know that their manager will someday make inappropriate advances toward a subordinate. In addition to taking steps to prevent accidents and training employees to follow the law, ABL members spend a lot of money to protect their businesses with insurance policies to make sure they are covered when something does go wrong. After all, that is the whole point of having insurance. But how do you prevent a force less tangible, yet no less powerful, from affecting your business? As members of your state retail alcohol association, you are paying a very reasonable “annual premium” to insure yourself from the harmful policies that could be put in place with no oversight on your behalf, AND for those to advocate for measures that will help your business’ bottom line. Each year, thousands of bills that would alter beverage alcohol laws and regulations are introduced in just about every state legislature in the United States. (Montana, Nevada, North Dakota and Texas legislatures meet every other year.) There are thousands of chances to change the rules of the retail beverage alcohol game. Some of these chances are opportunities to improve the retail environment for independent licensees. But many others would harm the businesses of otherwise responsible retailers who have reliance interests in their licensees, businesses and employees. The other challenge that state associations help beverage licensees navigate is the ongoing churn of state legislators who may know very little about the beverage alcohol industry. In 2018, for example, the National Conference of State Legislatures reports that 6,066 of the nation’s 7,383 legislative seats are up for regularly scheduled elections. While not every incumbent will lose, there will still be plenty of fresh faces in 2019 and a need to educate these new decisionmakers. This call to communicate and share the retail beverage community’s perspective often falls on your state association and it’s hired
professionals, who in turn activate the grassroots of our industry – you and your fellow beverage licensees. Along with that state association membership, you have the added level of protection that comes from an active national association looking out for you in Washington, DC and helping connect your state association leaders with other, similarly situated beverage licensees in other states. In Congress, of the roughly 10,000-12,000 bills introduced in each two-year session, only 2-3% become law. While this may seem like a small risk of something bad being passed, or a small window of opportunity to change a law for the better, the implications of federal legislation can be sweeping and have an affect on the more than 600,000 retail beverage licensees. Those empowered by federal, state and local government are human, and despite their best intentions, can have an outsized and inordinately negative impact on your business if they aren’t properly informed with the facts and realities regulatory and legal changes. That’s why ABL is actively involved with the federal government, its state associations, other industry associations and companies, and regulatory groups whose members enforce alcohol laws. Adversity tends to bring people together and that is certainly the case with associations. When there is a fight to be won, people rally around the cause to shore up support. Yet there is not always an easily identifiable issue around which to rally. It is at these times that attention and focus can drift and questions can arise as to the worth of belonging to an association at all. An ABL membership and a membership in your state or local association is an investment in your business, not merely an obligation to stay involved. While it may be tempting to let membership lapse when a fight has been won, or the coast seems clear, the most important thing to realize is that keeping a strong insurance policy in place – even during times of relative quiet, prevents you from being caught off-guard when the unexpected happens. I encourage every member to think of membership in their state association and ABL as “blanket policies” of protection, looking out for independent beverage retailers inside the Beltway and beyond. Remember, the next battle could be only a few votes away. |
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affiliate spotlight Why Words Matter When It Comes to Drunk Driving
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t’s become common shorthand in the world of politics and government: Elections Matter. They matter when it comes to public policy, court appointments and the general agenda of the government.
PETE MADLAND Executive Director Tavern League of Wisconsin
Maybe it’s an unintended consequence of social media and text messaging that we have become a bit immune to outrageous statements and glib commentary from professional communicators and amateurs alike, but words still matter, too. In the bar and tavern business, words most certainly matter. Tens of millions of people walk through the doors of bars, taverns and liquors stores every year, and are conscious of how those places conduct their business and treat their customers. We use words and phrases to emphasize responsibility and the responsible use of the products we sell so that our customers know what we expect as business owners. Doing so helps those customers feel comfortable knowing that we are concerned for their welfare as guests in our establishments. We also pick words that reflect the beverage business we are in, and reject the language of those from outside the hospitality industry who are not as accepting of beverage alcohol. Whether arguing for draconian policies or just trying make a media splash with re-warmed, re-packaged research, it’s not surprising to hear complaints from those who are simply anti-alcohol. What IS surprising is to see some muddled messaging coming from INSIDE our industry. While watching the NCAA basketball tournament earlier this year, I was disheartened to see an industry company’s commercial that essentially promoted a zero-tolerance or “0.00 BAC” approach to addressing impaired driving. This ad did a disservice to thousands of bar and tavern owners, the hard-working men and women who make a living serving millions of customers, and their lawabiding customers. These are the people that buy, sell and consume this company’s products. Tavern League of Wisconsin members make a living, support their families and contribute to the local, state
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and federal economies by responsibly selling alcohol beverages to the adult public. And just as everyone else, I am 100% opposed to anyone driving drunk, and encourage TLW members to do their best to prevent that from happening. That’s why we support SafeRide, an innovative and successful program that addresses impaired driving without scaring away customers and negatively impacting those of us in the beverage retail business. But, I think it is fair and reasonable to say that adults can and do often enjoy a glass of wine at a friend’s house over dinner, or a beer or cocktail at the bar after work before legally and safely driving home. That’s why we support the message “Drink Responsibly, Drive Responsibly.” This is a much more realistic and applicable maxim and one that should resonate with alcohol beverage retailers and other industry members alike. Supporting efforts to target hardcore and chronic drunk drivers is important, as is using tools such as DUI courts, roving patrols and intensive supervisory probation programs. All of these strategies have been shown to yield great reductions in recidivism and do not threaten those that choose to drink responsibly prior to driving. Words matter, and that means recognizing that there is a subtle, yet important, distinction between “drink and drive” and “drive drunk”. As we face challenges to our businesses, we need to stick together as an industry with a unified front when it comes to effective approaches to fighting drunk driving. I encourage our friends and partners within the industry to keep this in mind when they are considering their next advertising campaign. | Pete Madland is the Executive Director of the Tavern League of Wisconsin, which represents 5,000 licensed businesses in the Badger State. Prior to his work for the Tavern League of Wisconsin, he was a bar and restaurant owner for 24 years.
economic impact Economic Impact of America’s Beer, Wine & Spirits Retailers Reaches New Highs
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n early October, ABL released its updated economic impact report, which details the substantial impact that America’s beer, wine and spirits retailers have on local, state and national economies through job creation, good wages and direct economic contribution. Providing a detailed and in-depth look at the role that beverage licensees play in the U.S. economy at the local, state and national levels, the 2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers notes beverage licensees create more than 2 million jobs from direct retail alcohol sales. The total economic impact of America’s beer, wine and spirits retail industry is nearly $330.2 billion annually. “Now in its fourth iteration, ABL’s biannual economic impact report provides further confirmation of the important role licensed beverage retailers play in the economy and within their communities: they create and provide hundreds-of-thousands of well-paying jobs and contribute millions of dollars in tax revenues at the local and state level – and billions federally,” said ABL Executive Director John Bodnovich. “Moreover, this updated report provides our members with the ability to access detailed reports on the economic impact, job creation and tax contributions of beverage licensees at the local, state and national level – which they can utilize in their meetings with legislators, regulators and other government entities.” The 2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers indicates that while wages have remained relatively unchanged since 2014, the number of jobs supported – and tax revenues contributed – by beverage licensees has increased significantly during this period. The results reflect an industry and marketplace which continues to grow, providing consumers with an ever-increasing range of beer, wine and spirits products than ever before. According to John Dunham, Managing Partner of John Dunham & Associates, “The beverage alcohol industry is one of the most dynamic sectors of the
economy today. Licensed on- and offpremise establishments, be they taverns, restaurants, hotels, package stores, or local grocers, are an important part of nearly every community in the country. Not only do they provide important jobs and services, but they also generate millions of dollars in tax revenues for the federal, state and local governments.” He added, “Our research shows how this growing industry creates more than 9 million full-time equivalent jobs, real jobs held by real people in a variety of fields including manufacturing, agriculture and hospitality.” The biennial report – which updates the 2016 Economic Impact Study of America’s Beer, Wine & Spirits Retailers – was conducted by economic research firm John Dunham & Associates on behalf of ABL and its State Affiliate members. All jobs in on-premise full-service restaurants and drinking places, as well as all jobs in off-premise package stores, are included as these businesses depend on the sale of alcohol for a substantial portion of their revenues and profits. In all other locations, this analysis examines on- and off- premise retail alcohol beverage sales accounting for full time and equivalent jobs related solely to the sale of alcohol. Report Expanded to Capture Full Scope of Beverage Retail Businesses The 2018 report provides an expanded scope of the impact of licensed establishments, many of which sell other products in addition to beverage alcohol. Alcohol sales and non-alcohol sales from licensed restaurants, drinking places and package stores create 2.03 million jobs and over $122 billion in direct economic impact. An interactive website provides users with the option of generating tailored reports based on all sales by onpremise, full-service
restaurants and drinking places as well as off-premise package stores at the national, state, and local levels. Advocacy Tool for ABL Members ABL members have access to the 2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers and are able to generate tailored reports and download data via the ABL website, www.ablusa. org. These reports and talking points can be broken out at the national, state, congressional district, and state legislative district levels, providing ABL members the ability to quantify the significant contributions they make to their communities when it comes to jobs, taxes and economic impact. “While ABL is primarily focused on legislative issues at the national level, we are supportive of our members as they fight against policies adversely effecting independent business owners, and further support their efforts to advocate for commonsense state alcohol laws and regulations,” noted Bodnovich. “It is our hope that this report and its findings will aid them in these efforts.” The 2018 Economic Impact Study of America’s Beer, Wine & Spirits Retailers is an ABL membership benefit, hosted on an interactive section of the ABL website. The study can be sorted nationally, by state, by congressional district and by state legislative district. To access the study, members can contact the ABL office by emailing info@ablusa.org. |
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industry voices Two Important Developments at WSWA: An Update
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would like to update you on two important matters with WSWA: one involving our leadership and another regarding recent news we’ve made on a key policy issue central to our industry.
DAWSON HOBBS Senior Vice President, Government Affairs Wine & Spirits Wholesalers of America
Regarding WSWA, this update to ABL is slightly different because as you may know, WSWA is in a transition period following the departure of former President and CEO Craig Wolf. We are happy to report that our Board of Directors has chosen Michelle Korsmo to be our new President and CEO. When you hear from WSWA in the next ABL Insider newsletter, it will be from Michelle who joins the team September 17. The WSWA staff and membership are excited about Michelle joining the association and for where the association is headed in the future. Michelle is an inspiring leader with an impressive background. Most recently, she served as chief executive officer of the American Land Title Association. Under her leadership, the association doubled its membership and revenues and tripled fundraising for its industry political action committee. Prior to serving that industry, she worked as executive vice president at the Americans for Prosperity Foundation and as a political appointee in senior leadership at the Department of Labor. Originally from North Dakota, she began her career there after attending North Dakota State University, and running her own political and public relations consulting firm. Moving on to important policy matters, in July, WSWA became the first—and so far only— alcohol industry association to advocate a “way forward” on cannabis legalization, ultimately ending the conflict that exists between states that have legalized and the federal government that still considers cannabis an illegal drug. I’d like to give you the details of our position and its components. WSWA has long advocated that the beverage alcohol industry’s regulatory and operational model gives a proven and effective framework for a socially sensitive product. Our position is that if a state legalizes cannabis and regulates it like alcohol, then the federal government can take action that recognizes cannabis as a legal product in that state. The alcohol production, distribution and sales industry in the U.S. has built an eight-decadeslong reputation of success based on effective regulation while at the same time allowing for maximum competition and innovation. Because
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of this model, American consumers have complete confidence in the safety and authenticity of the products they buy—products that come from the widest variety available anywhere in the world. We believe this model translates well to the cannabis market. As more and more states follow the path to legalization, the federal government should recognize a legitimate state market if it meets a basic threshold similar to alcohol, including: Public safety protections: Regulations should include a 21-year-old minimum age for purchase, possession and use, as well as penalties for giving cannabis to those under age. There should be standards for driving under the influence of cannabis, along with restrictions against health claims. In addition, as with alcohol, states should implement hours and day of sale restrictions, along with policies to discourage underage access and regulation for delivery by common carriers. Industry practices regulations: should be adopted to prevent vertical monopolies, promote effective tax collection and put in place producer, processor, distributor and seller licensing programs. Penalties for violation should mirror the state’s alcohol code, and each state should set up or empower a primary regulatory agency to oversee the market and protect against diversion to other states. Product integrity: States should enact programs to ensure that cannabis and related products are traceable, tested, labeled and responsibly marketed, just as with beverage alcohol. There is no denying that with each election cycle the list of legalization states—and the share of the overall American electorate that has supported the effort—expands. WSWA believes that our entire industry in all three tiers has a unique opportunity to share the success of what makes our system work and why our industry is a shining example of regulation and capitalism working in synergy for the benefit of consumers and safety. Both alcohol and cannabis are intoxicants that impair users, and so regulating them similarly makes good policy sense. Our hope is that adopting our framework can help end the conflict between federal and state governments. We will continue to work closely with our independent retail partners on this and other issues in the future. Our staff and our leadership look forward to the continuing work between our two organizations in the days ahead. |
industry voices Hosting Football Fans? We’ll Bring the Beer
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ootball season is here, and fans across the country are enjoying an action-packed fall. At the same time, America’s independent beer distributors are working with retail partners coast to coast to make sure local bars, taverns and independent stores are stocked for consumers ahead of next week’s game.
CRAIG PURSER President & CEO National Beer Wholesalers Association
From Seattle to Miami – and everywhere in between – the 135,000 employees of our industry are in overdrive to ensure that football fandom has a cold beer in their hand for kickoff. While the scenery on beer routes across the country may look a little different, the commonalities are stronger than their differences.
blizzard was to “wait it out with a six-pack of beer and a football game…” and there’s no better place to wait it out than your local bar or tavern. Throughout this football season, America should give a nod to the independent distributors who work together to make sure we have the perfect pint on Game Day, whether it arrives through rain, snow, hail or sleet. That delivery takes a lot of teamwork to pull it off – but like a good watch party, it’s well worth it. Beer distributors will help keep store shelves stocked no matter the weather or rivalry. |
Today, the partnerships distributors have built with both suppliers and retailers have led to more beer choices than ever before on the shelves of watering holes across the country. Whether customers are looking for a lager, IPA, wheat or pilsner, there is truly a beer for every palate. Staples like Budweiser and Miller Lite remain game time musthaves, as national and local craft brews are also finding a home at watch parties. Additionally, ciders and hard seltzers continue to show major growth according to NBWA’s Beer Purchasers Index. Even with premium lights, new packages and innovations keep customers coming back for more. The beer category continues to evolve in other ways. Over the past 10 years, the high-end beer market, which includes craft, imports, super premiums, ciders and FMBs, has grown share from 25 to 40 percent. This same period has seen the “rise and fall” of hard sodas. There are new craft brands and styles from thousands of small brewers, and the import segment has grown from 13 to 17 percent share with Mexican brands accounting for two-thirds of all imports. I think the former mayor of Buffalo, N.Y., got it right when he said the best way to handle a
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legal updates In Addition to Working on Issues in the Legislative & Administrative Branches of the Federal Government, ABL Also Tracks & Engages in Legal Cases Before Federal Courts
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ennessee Wine & Spirits Retailers Association v. Byrd On September 27, 2018, the Supreme Court of the United States granted review of Tennessee Wine & Spirits Retailers Association v. Byrd. The Supreme Court’s ruling on this case could have a significant impact on the regulation of alcohol in the United States. Tennessee law requires an applicant for a retail license to have been a resident of Tennessee for at least the twoyear period immediately preceding the submission of the license application, with renewal of the license requiring Tennessee residency for at least ten consecutive years. After two prospective retail applicants that did not meet the two-year residency requirement sought licenses, the Tennessee ABC and Tennessee Attorney General filed a lawsuit asking the courts to decide whether the residency requirement is constitutional.
in 2005. Industry legal observers had noted that it was likely that the Supreme Court would eventually revisit this issue to resolve the split and to provide clear guidance to the federal judiciary. This has now happened with the Supreme Court granting writ of certiorari and agreeing to hear this case. Supreme Court briefing deadlines are likely later this fall. Wal-Mart Stores v. Texas ABC Wal-Mart is challenging Texas laws restricting public ownership of liquor stores in Texas. The lawsuit alleges that the Texas liquor store system violates the Equal Protection, Commerce Clause, and Privileges and Immunity clauses of the U.S. Constitution.
The Tennessee Wine & Spirits Retailers Association appealed the 6th Circuit decision to the Supreme Court in the summer of 2018. Each term, the Supreme Courts agrees to hear only 5 percent of the approximately 7,000-8,000 cases filed.
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Briefing is expected to continue before a decision is expected in 2019, though there is no definitive deadline for a decision by the 5th Circuit. Lebamoff v. Rauner On September 1, 2016, a complaint (Lebamoff Enterprises, Inc. et al v. Rauner et al) was filed in the Northern District of Illinois Eastern Division wherein an Illinois resident wanted to have an Indiana retailer ship wine to him. Illinois prohibits out-ofstate retailer direct-to-consumer shipping. The plaintiffs argue that the Granholm decision from 2005 applies to retailers, not just wineries, and seek to use the Commerce Clause and Privileges and Immunities Clause to make their case. In addition to the state defending itself, the Wine and Spirits Distributors of Illinois (WSDI) was granted intervenor status.
On February 21, 2018, in a split 2-1 decision, the U.S. Court of Appeals for the 6th Circuit affirmed a Middle District of Tennessee decision finding that residency requirements unconstitutional under the “dormant” Commerce Clause.
The 6th Circuit followed a previous 5th Circuit decision, rejecting the approach of the 2nd Circuit in the Arnold’s decision (2009) and the 8th Circuit in the Southern Wine decision (2013). The 6th Circuit’s Byrd opinion highlights a split in the Circuits on the interaction between the Commerce Clause and the 21st Amendment after the Granholm decision
In August 2018, the Texas ABC and the Texas Package Store Association, which had been granted intervenor status in the case, appealed the decision to the 5th Circuit Court in New Orleans. ABL subsequently filed an amicus brief with the Presidents’ Forum of the Distilled Spirits Industry, in support of the Texas ABC and TPSA.
On March 20, 2018, Judge Robert Pitman of the United States District Court for the Western District of Texas ruled for WalMart on its dormant Commerce Clause challenge to the public corporation ban and on its Equal Protection Challenge to the “consanguinity” exception to the five-store limit.
Lebamoff v. Rauner hews closely to two earlier cases in which courts rendered favorable opinions to states and their authority to determine their alcohol laws: Arnold’s Wines, Inc. v. Boyle, (2nd Cir. 2009); and Wine Country Gift Baskets. com v. Steen, (5th Cir. 2010). In Lebamoff, the plaintiffs intend to dismantle the Arnold’s decision, putting the existing precedent at risk by creating a circuit split, and enticing the Supreme Court to take up the case. Since the 7th Circuit held oral arguments on February 16, 2018, there has been no
legal updates decision announced on this case. Missouri Broadcasters Association v. Lacy The Missouri’s Broadcasters Association has challenged three provisions of Missouri alcohol code arguing that Missouri law violates their freedom of speech with provisions prohibiting truthful, non-misleading commercial speech, and that the provisions are inconsistently enforced. Upon appeal by the plaintiffs, the 8th Circuit ruled that the district court erred in its decision to dismiss the Broadcasters Association’s claims, and reversed and remanded the case back to the district court. A Missouri district court judge subsequently ruled against the state of Missouri, striking down the three provisions that were challenged. Perhaps more notably, the court also enjoined enforcement of the of the
state’s restrictions on the provision of supplier and wholesaler funds to retailers (i.e. state tied-house law). This outcome places Missouri law at odds with FAA Act tied-house restrictions and has generated questions around the permissibility of such payments and the impact they could have on the independent retail marketplace. It tracks similarly with the RDN case in 2016 where a California advertising restriction was successfully upheld by the 9th Circuit. The state of Missouri appealed the district court decision to the 8th Circuit on July 27, 2018, and amicus briefs are due in October 2018. Connecticut Fine Wine & Spirits d/b/a/ Total Wine & More v. Harris Connecticut Fine Wine & Spirits, also known as Total Wine & More, filed a complaint in August 2016 alleging that
certain alcohol laws in Connecticut are in violation of the Sherman Act. The lawsuit challenges the state’s laws on price post, price hold, quantity discounts, and selling below costs. Following the United States District Court for the District of Connecticut granting the State’s motions to dismiss the case, Total Wine & More appealed to the 2nd Circuit. The Wine & Spirits Wholesalers of Connecticut, Inc., the Connecticut Restaurant Association, the Connecticut Beer Wholesalers Association, and the Connecticut Package Stores Association all intervened in this case. Since the 2nd Circuit held oral arguments on February 1, 2018, there has been no decision announced on this case. |
Register Now! 2019 ABL Annual Meeting | March 24-26, 2019 | Bally’s Las Vegas Hotel & Casino
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state & local Interlock Devices, Ineffective DUI Laws & Questions Over Liquor Licenses: A Round-Up of State News
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labama: New Law Requires DUI Offenders to Install Ignition Interlocks For a number of years, the state of Alabama mandated that some firsttime DUI offenders – and all repeat offenders – install an ignition interlock device (IIDs) in their vehicle. For these first-time of-fenders, they were given the choice of having their driver’s license suspended for 90 days or installing the IID. As of July 1, however, a new law will require all drivers who enter pre-trial diversion programs to install the IIDs. Typical pre-trial diversion program requires that participants to pay fees, submit to drug and alcohol testing, and to meet additional demands, with the understanding that charges will be dropped upon successful completion of the program and the requisite obligations. The new law, however, also requires anyone entering a pre-trial diversion program to install an IID for up to six (6) months or until they have fulfilled their pre-trial diversion program. Some defense attorneys who represent DUI offenders feel differently, arguing that the new law is counterproductive. As noted by Mark Polson, a Birminghamarea attorney, “Pre-trial diversion is effective but the new requirement will hurt participation by making it more expensive. Offenders pay to have the devices installed and monitored unless they are deemed indigent by a court.” Colorado: Denver’s First-of-its-Kind Social Marijuana Use Program for Businesses Is Mostly a Bust. Can It Be Fixed? In November 2016, 54 percent of Denver residents voted in favor of Initiative 300, which would make the city the first to permit public consumption of cannabis products at permitted events and licensed businesses. Since its passage however, only a single business has been
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granted a license: The Coffee Joint, a hybrid bring-yourown-cannabis and coffee shop that allows customers 21 years of age or older to “vape” cannabis and consume cannabis edibles – while being able to purchase tea, coffee and other light fare. As the two-year anniversary of the passage of Initiative 300 approaches, it has largely been seen as a bust. The primary reason for this? Strict zoning requirements and extensive regulations that severely limit the areas in which such hybrid business operate or where events would be held (with proximity and/or location restrictions for consumption areas effectively excluding all but 20 square miles of the city). “There is consensus that the extra distance requirements that Excise and Licenses added are overly burdensome and that they don’t address the real problem,” Councilwoman Kendra Black, Task Force Chair, said in an interview. “They’re somewhat arbitrary; there’s no evidence that they’re protecting anybody.” D.C.: Could the Trump Hotel Lose Its Liquor License Because of the President’s Character? In mid-July, the District’s Advisory Neighborhood Commission 4C voted 8-0 to support a petition seeking to revoke the liquor license currently held by the Trump International Hotel on the grounds that President Trump is “not of good character.” “It is our considered view that Donald Trump, the true and actual owner of the Trump International Hotel, is not a person of good character, doesn’t meet the D.C. Code … requirements and therefore the license should be revoked,” ANC 4C Chairman, Bennett Hilley, and Vice-Chair, Charlotte Nugent, noted in a letter to the Director of the Alcoholic Beverage Regulation Administration (ABRA).
According to ABRA spokesman Max Bluestein, “Anyone – or any civic group – can file a complaint against a licensee, at any time during the license’s period, but an ANC cannot file an official protest against a license if the business is not located within 600 feet of its jurisdiction.” Bluestein went on to note that “An official protest can be filed only when a liquor license is first being considered by the ABC board or when it’s up for renewal, which in the case of the Trump hotel will be in 2019.” Illinois: Governor Rauner Signs Bill Drafted by Riverside Chief, MADD Following the 2015 death of an off-duty police officer from Chicago Ridge who was killed by a drunk driver driving on the wrong side of the street, Illinois Gov. Bruce Rauner recently signed House Bill 4554. Under the bill, driving the wrong way down a one-way street can now be considered an “aggregating factor” in DUI cases. Prior to passage of the bill, judges were not permitted to take wrong-way driving into consideration during the sentencing phase of DUI-related cases. With House Bill 4554, however, judges can now impose additional jail or prison time on those convicted of aggregated felony DUI where wrong-way driving was involved. “My sole purpose in proposing this legislation was to remove impaired drivers from the roadway who are convicted of felony DUI for long periods of time,” Weitzel said in a release. “Additionally, I wanted to bring some comfort and resolve to the pain that Ms. Smith has been suffering since her son was brutally murdered in this wrong-way drunk driving crash. I want the residents of Illinois to know these are drunk driving crashes, they are not accidents - they are purposeful acts and should be treated as such when individuals are convicted in a court of law.”
state & local Pennsylvania: Surprise – Your Liquor License Can Be Suspended In October 2017, the Pennsylvania General Assembly passed Act 44 as part of a larger omnibus bill (H.B. 674), which enables the Pennsylvania Liquor Control Board (PLCB) to shut down establishments and suspend their liquor licenses for failing unannounced compliance checks. Under Act 44, the license suspension remains in place until such time as the noted compliance issues have been resolved and the PLCB re-inspects the establishments. As noted by Theodore Zeller III, an attorney with Norris, McLaughlin & Marcus P.A., “If a restaurant with a liquor license is found to have insufficient stores of food for 30 people during an unannounced visit, or the inspector determines that the type of food served is unacceptable, the inspector will take pictures of the deficiency, and provide a copy of the checklist used to flag the establishment.” “If the inspector then finds that the issue cannot or will not be corrected in a short period of time, a notice of immediate suspension of operating privileges will be posted on-site. The restaurant can then request a follow-up inspection to restore its operating privileges. If the inspector is still unsatisfied, the establishment must then file an appeal in court. Only after winning an appeal would the restaurant be able to lift the suspension.” Prior to passage of Act 44, the only way a Pennsylvania liquor license could be suspended was through nuisance abatement laws or adjudications issued by a state Administrative Law Judge. Unlike Act 44, however, these avenues required notice and hearings – not unannounced, “surprise” inspections. South Carolina: Many Drunken Drivers Walk Free Because of Strict Law, Report Says In a recent report issued by the South Carolina chapter
of Mothers Against Drunk Driving (MADD), the group highlights an issue preventing prosecutors from having more success in prosecuting individuals suspected of drunk driving: a state law which requires videotaping nearly every step of a DUI arrest; should the officer’s body-cam or dashcam fail to keep the suspect in frame (or should there be a malfunction), the charges against the suspect can be dismissed. In discussing the law and its impact on prosecutors, Walt Wilkins, Solicitor for the 13th Circuit noted that “Our ability to (prosecute) is hindered by this current statute; it makes it more difficult than it could, or that is allowed by other states.” In the Greenville area alone, where as many as 1,000 DUI cases are brought annually, the strict interpretation of the law results in a conviction rate of just 45 percent – with an additional 49 percent of cases being pleaded down to lesser charges. Virginia: Uber Impact on State’s Drunk Driving Crash Rates Questioned Ride-sharing company Uber often claims that “there’s a strong correlation between Uber’s presence in cities and a reduction on drunk driving.” To test this claim, a fellow at the Schroeder Center for Health Policy’s Summer Research Program decided to examine the impact of Uber’s entry into Virginia on the rates of motorvehicle accident hospitalizations and the likelihood that fatal motor vehicle accidents were alcohol involved. Between 2012-2016, the “motor vehicle hospitalization rate” across the state of Virginia was 63 hospitalizations per 100,000 residents per county. Based on the research conducted in this study, it was found that Uber’s entrance into the state actually increased this rate by 1.1 motor vehicle hospitalizations per 100,000 residents. While the results don’t establish a causal relationship, it does counter Uber’s claims.
vehicle accident rates, total or alcoholrelated only. Ride-sharing services will continue to be a presence in the economy.” Wisconsin: The Battle Over Wedding Barns The battle over “wedding barns” in the state continues, as the legislative Study Committee on Alcohol Beverages Enforcement continues to examine the issue and work towards a resolution taking into consideration the concerns of both licensed beverage retailers and venue owners/operators. While the state legislature made efforts to address the issue in their most recent session, they ultimately failed over fears the language as presented would impact the publics ability to tailgate at Camp Randall Stadium and Lambeau Field. “Wedding barns” are venues (typically located on farm properties) that are rented out for weddings and other private events. As currently operated, these venues are not licensed to sell alcohol. They do, however, allow guests to consume alcohol on the premises. The concern from licensed beverage retailers here centers around a call for a fair and level playing field, as they feel they are being held to a higher (and more costly) standard than the owners/operators of wedding barn and other similar venues. Committee Chairman Rep. Rob Swearingen, a restaurant owner/ operator and member of the Tavern League of Wisconsin, countered that “implementing uniform standards and liquor licenses for all wedding barns would create a ‘fair playing field’ for all venues.” Swearingen further signaled his openness to the possibility of mandating a licensed bartender for private events at venues beyond wedding barns. |
As such, the research noted that “policymakers should not assume private ride-sharing services will alleviate motor
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guest view Aluminum Tariffs Are Bad for Our Nation’s Bars and Taverns
M JIM McGREEVY President & CEO Beer Institute
ore than just about anyone else, the men and women who own and work in our nation’s bars, taverns, restaurants, and casinos know the ideal occasion involves matching the perfect beer in the right packaging for the right consumer. Whether the beer is in an aluminum bottle or can, a glass bottle, or poured in a glass directly from a keg, America’s brewers and beer importers along with our retail partners want to make sure that when Americans choose to enjoy a beer, it matches the occasion. Unfortunately, earlier this year President Trump signed an executive order establishing a 10 percent tariff on imported aluminum, which is getting in the way of that goal. Because of this tariff, America’s more than 5,000 brewers are now absorbing a new $347 million annual tax to their businesses.
Attorney General Jeff Sessions asking the Department of Justice to examine aluminum pricing irregularities, so unfair market practices do not disproportionately harm end users, such as the beer industry. The Trump administration is listening; the Department of Commerce just a few weeks ago announced they would be working with other federal government agencies to investigate pricing irregularities in the Midwest Premium. America’s brewers and importers are grateful for President Trump and members of Congress for providing broad and fair federal excise tax relief for all brewers and beer importers as a part of comprehensive tax reform the President signed last December. Brewers and importers large and small are, and will continue, to invest in the United States and will innovate by creating even more types of beer for consumers, supporting jobs across the nation, including in our local bars and taverns.
“Because of this tariff, America’s more than 5,000 brewers are now absorbing a new $347 million annual tax to their businesses”
Tariffs are taxes, and increasing taxes kills jobs. Last year, America’s brewers bought 36 billion aluminum cans and bottles, and an independent economic analysis found that a 10 percent tariff on imported aluminum could lead to the loss of more than 20,000 American jobs, from brewmasters to bartenders to waiters and waitresses that depend on America’s vigorous beer industry.
And the tariffs have also exposed a broader issue of how aluminum is priced through the Midwest Premium. Created by metal producers years ago, the Midwest Premium was initially intended to cover the logistical costs of moving metal into North America – essentially a shipping and handling fee. But over time, the Midwest Premium has become a device to speculate and artificially inflate the price paid for aluminum at the expense of end-user businesses and consumers. Since January it has increased by as much as 135 percent – far more than the 10 percent tariff would warrant. Earlier this year, Rep. Ken Buck (R-CO) led 31 of his colleagues in sending a letter to U.S.
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Unfortunately, the cost of this tariff negates much of the federal excise tax savings that brewers would see from the tax cuts, and brewers are now faced with difficult decisions on how to adjust for the significant costs to their businesses that this new tax is imposing, including possibly raising beer prices for other businesses in the supply chain. American beer is a crown jewel of American manufacturing. Today, more than 2.2 million American jobs depend on our nation’s breweries, and together brewers and beer importers are pouring more than $350 billion into America’s economy. And American consumers—when they go to their favorite bar—want to enjoy the right beer for the right occasion without unnecessary taxes. |
convene Save-the-Date & Join American Beverage Licensees in Las Vegas for ABL’s 17th Annual Meeting!
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his Spring, ABL returns to the “Entertainment Capital of the World” for the 2019 ABL Annual Meeting in Las Vegas, Nevada. Taking place March 24-26, 2019 at Bally’s Las Vegas Hotel & Casino, the ABL Annual Meeting will include an exciting program that focuses on a wide-range of issues affecting on- and off-premise beverage retailers and their businesses. With a mix of educational sessions, networking opportunities and multiple hospitality events, the ABL Annual Meeting is sure to provide attendees with key takeaways that they can apply directly to their retail businesses. Session topics, speakers, sponsors and hospitality events will be announced in the coming weeks, including the 2019 ABL Annual Meeting Keynote Address. For all the latest information, or to register for the 2019 ABL Annual Meeting, please visit the “Events” section of the ABL website at www. ablusa.org. |
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n October 1, ABL announced that Craig Purser, President & CEO of the National Beer Wholesalers Association (NBWA), will be recognized with the 2019 ABL Top Shelf Award at ABL’s 17th Annual Meeting on March 25, 2019 in Las Vegas, Nevada. The ABL Top Shelf Award, the highest honor presented by America’s beer, wine and spirits CRAIG PURSER PRESIDENT & CEO | NBWA retailers, recognizes those who have demonstrated professional excellence in the beverage alcohol industry, and have had a positive influence in their community.
During his tenure at NBWA, Purser has been a consensus builder among industry partners, alcohol regulators, public health advocates and elected leaders. Under Purser’s leadership, NBWA has worked with a wide variety of stakeholders to help Congress pass meaningful legislation that emphasizes the primary responsibility of the states to regulate alcohol as afforded them by the 21st Amendment. He has also championed efforts to addresses health and safety issues related to underage drinking and worked in coalitions with numerous industry partners to promote and defend the beverage industry. Purser has served as a trustee for the Alcohol Beverage Medical Research Foundation and the Center for Alcohol Policy. He also serves as a member of the U.S. Chamber of Commerce’s Association Committee of 100, the ASAE’s Key Industry Association Committee and the Association Executives Council of the National Association of Wholesaler-Distributors. He served as the Chairman of the Board of Governors of the Bryce Harlow Foundation, an organization dedicated to advancing integrity in government. Purser has also served as a guest lecturer at the University of North Carolina, the George Washington University and the University of Oklahoma. “During his nearly 15-year tenure at NBWA, Craig has demonstrated a tireless commitment to supporting the interests of over 3,000 independent beer distributors – working with stakeholders to find common sense solutions to a myriad of issues impacting the beverage alcohol industry,” said ABL Executive Director John Bodnovich. “In addition to his efforts on behalf of NBWA, Craig is committed to improving and advancing ethics in government advocacy, as evidenced through his volunteer work for so many important causes.” The ABL Top Shelf Award will be presented on Monday, March 25 at the ABL Honors Gala, which is part of ABL’s 17th Annual Meeting in Las Vegas, Nevada on March 24-26, 2019. |
Annual Meeting Schedule Overview*
SUNDAY, MARCH 24th
MONDAY, MARCH 25th
MONDAY, MARCH 25th (Cont.)
8:00 - 9:00 a.m. ABL Board of Directors Breakfast
8:00 - 9:00 a.m. Breakfast
6:00 - 7:00 p.m. Retailer of the Year Reception
9:15 a.m. - 5:00 p.m. ABL Board of Directors Meeting
9:15 a.m. - 12:00 p.m. General Session (I)
7:00 - 9:30 p.m. ABL Honors Gala
6:00 - 8:00 p.m. Opening Night Welcome Reception
12:00 - 1:15 p.m. Annual Luncheon
TUESDAY, MARCH 26th
4:30 - 6:00 p.m. Registration Desk Open
8:00 a.m. - 2:00 p.m. Registration Desk Open
*Please Note: This Schedule Is Tentative & Subject To Change*
1:15 - 4:15 p.m. General Session (II)
9:00 - 11:15 a.m. General Session (III)
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AmericanBeverageLicensees
American Beverage Licensees is the preeminent national trade association for retail alcohol beverage license holders across
the United States. Its members are comprised of on-premise and off-premise retailers who annually help infuse billions of dollars into the American economy. ABL represents the interests of American small business owners and a historical part of the American way of life. Many members are independent, family-owned operators who assure that beverage alcohol is sold and consumed responsibly by adults. | DIAMOND
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affiliate members ALABAMA Alabama Beverage Licensees Association ALASKA Alaska CHARR
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INDIANA Indiana Association of Beverage Retailers KANSAS Kansas Licensed Beverage Association
KENTUCKY Kentucky Association of Beverage Retailers
MONTANA Montana Tavern Association
SOUTH DAKOTA South Dakota Licensed Beverage Dealers & Gaming Association
NEW YORK New York State Liquor Stores Association
TEXAS Texas Package Stores Association
NEW JERSEY New Jersey Liquor Store Alliance
OKLAHOMA Retail Liquor Association of Oklahoma
VIRGINIA Virginia Licensed Beverage Association
RHODE ISLAND Rhode Island Liquor Stores Association
WYOMING Wyoming State Liquor Association
MARYLAND Maryland State Licensed Beverage Association
PENNSYLVANIA Malt Beverage Distributors Association of Pennsylvania
MISSISSIPPI Mississippi Hospitality Beverage Association
SOUTH CAROLINA ABC Stores of South Carolina
MASSACHUSETTS Massachusetts Package Stores Association
TENNESSEE Tennessee Wine & Spirits Retailers Association
WISCONSIN Tavern League of Wisconsin
WINE & SPIRITS GUILD OF AMERICA
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