Forbes: Pushback Against Tasting Rooms

Discussion in 'Beer Talk' started by M-Fox24, Jun 7, 2017.

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  1. M-Fox24

    M-Fox24 Grand Pooh-Bah (3,941) Mar 17, 2013 New Jersey
    Pooh-Bah Trader

    Pushback Against Brewery Tasting Rooms Threatens The Growth Of Craft Beer

    Hence, state restrictions and proposals...

    New Jersey:
    • Customers are required to take a tour
    • Cannot run a restaurant
      • Discourages other mediums of food (e.g. snacks, food trucks)
    • Confines entertainment
    Maryland:
    • Approved bill, which sets out to “shorten tasting room hours and require that brewers wishing to direct-sell more than 2,000 cases per year must sell them to distributors and buy them back, presumably at retail prices”
    Texas:
    • Potential bill “that would prohibit a brewery and its corporate affiliates that produce more than a total 225,000 barrels per year (1 barrel=31 gallons) from operating a tasting room. Breweries that are grandfathered in or meet certain exceptions can operate tasting rooms as long as they sell their beer to distributors first. Further, the bill limits direct sales to 40,000 cases per year; cases 40,001 and up would go through a distributor first.
    Florida:
    • Potential bill “that would force breweries to produce beer at each of their allowed tasting rooms or move it through a distributor’s warehouse from the production facility to the point of sale.
    ----------

    One argument in support of the pushback, concerns those who are opposed to breweries selling “brands outside of its own:”
    • “I fully support a Brewers right to a Tap Room. I think it is a vital part of building your brewery & its brand. … When you want to sell your own products, I am a huge supporter, when your primary goal is to sell other people’s beers, I’m not so much in favor. That’s kinda the job for the accounts out in the marketplace”
    ----------

    Consequences:
    • “Distributors and retailers…starting to partner with mega-breweries like Anheuser-Busch InBev, which don’t need tasting rooms to make money, to lobby for laws that curtail the influence and abilities of these resources that prove indispensable to pocket-sized breweries and the growth of the craft industry as a whole”
     
  2. JackHorzempa

    JackHorzempa Grand Pooh-Bah (3,375) Dec 15, 2005 Pennsylvania
    Society Pooh-Bah

    I was at a recent Philly Beer Week event and had a long conversation with the owner of a local (to me) beer retailer (he owns a Retail Beer Distributor). During the conversation he mentioned that other the past 1-2 years his sales of beer went down due to the recent openings of nearby small, local breweries. He mentioned the names of 4 of these breweries and even provided a number for his decrease in sales (x number of cases per week).

    Yup, these brewery tasting rooms by selling both on premise draft and packaged beer to take home (i.e., growlers, crowlers, 4-packs of canned beers,…) are indeed impacting heritage beer businesses. A changing beer scene.

    I can understand why existing businesses would lobby for the sorts of legislation as detailed above.

    Cheers!
     
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  3. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    This is nuts. There is no argument for these laws other than we don't want to compete with them. I hate laws that protect vested industries. No one should be forced to use a distributor. DC is a mecca of beer because there is no requirement to use distributors.

    Get rid of regulations protecting existing businesses and let the market decide...

    I'm not even sure what this is about primary goal to sell other people's beers. Has anyone ever been to a tasting room where they are selling another brewery's beers?
     
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  4. hopfenunmaltz

    hopfenunmaltz Pooh-Bah (2,647) Jun 8, 2005 Michigan
    Pooh-Bah

    The Texas bill is something of a conundrum to me. The only "Craft Brewery" in TX that sells more than 255k bbl/yr is Spoetzl (Shiner). The next 2 biggest are between 55 and 60k bbl/yr (St. Arnold and Real Ale), so they have a ways to go.

    In Michigan a brewery can have tasting rooms and be big, I.e. Bell's and Founders which are > 300 k bbl/ yr.
     
  5. M-Fox24

    M-Fox24 Grand Pooh-Bah (3,941) Mar 17, 2013 New Jersey
    Pooh-Bah Trader

    This was primarily in response to Oskar Blues; "The brewery that had recently sold out to a private equity firm had a plan to open a 43-tap beer hall and music venue in Denver that would sell brands outside of its own, including whiskey." Nonetheless, and on a much smaller scale, there are breweries that sell another's product. However, these are not widely distributed nor are they local to their colleague
     
  6. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    Interesting. Regardless I'd like to see the 3-tier system eliminated. At least as law. If a distributor provides a service and a brewery chooses to use them then they should, but they shouldn't be mandated to do so.
     
  7. ONovoMexicano

    ONovoMexicano Initiate (0) Jun 14, 2012 New Mexico

    I have been to a number of breweries or brewpubs that sell other breweries' beers: Rowley Farmhouse in Santa Fe, Pizza Boy outside of Harrisburg, Gun Hill and Threes in NYC, off the top of my head.
     
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  8. ONovoMexicano

    ONovoMexicano Initiate (0) Jun 14, 2012 New Mexico

    While we are restricting what people can produce and then sell, we should apply such a rule to bakeries, pizzerias, hamburger shops, computer stores (see: Apple), car dealerships (wait, they ARE restricted, sorry Tesla!), ice cream shops, coffee roasteries and hell, even restaurants.
     
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  9. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    I dunno, it seems pretty straightforward to me. A special carve out has been granted to breweries of a certain size to bypass the legally mandated distributor tier and sell directly to the customers. Other businesses aren't as tied to that level.

    I do wonder why selling other brewers' beers is a concern, though. I'm assuming that those kegs have already passed through a distributor- so what's the difference in who sells the pints at that point?
     
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  10. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    Oh its quite clear WHY they want to fight it. But is there any reason we as a the voting public should want the 3 tier system to exist? Instead of restricting the tap rooms, lets get rid of the 3 tier system!
     
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  11. M-Fox24

    M-Fox24 Grand Pooh-Bah (3,941) Mar 17, 2013 New Jersey
    Pooh-Bah Trader


    I suppose this depends on the brewery(s) in question, as one could argue that the wholesaler is putting in the manual labor to build “these” brands: “These wholesalers work hard and spend a lot of money to build brands in their markets, and they don’t like getting undercut by their suppliers.”
     
  12. cavedave

    cavedave Grand Pooh-Bah (4,157) Mar 12, 2009 New York
    In Memoriam Pooh-Bah Trader

    Amen, brother.
     
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  13. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    That's hard for me to swallow. If they provide such a valuable service, they wouldn't have to use a law to FORCE people to use them. If they are valuable people will choose to use them.
     
  14. cavedave

    cavedave Grand Pooh-Bah (4,157) Mar 12, 2009 New York
    In Memoriam Pooh-Bah Trader

    If three tier is the best system to distro beer let's de-regulate them and let the marketplace prove it.
     
  15. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    Exactly!

    If they are so valuable they can prove it in the market, it doesn't have to be forced on us.
     
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  16. WesMantooth

    WesMantooth Grand Pooh-Bah (4,844) Jan 8, 2014 Ohio
    Pooh-Bah Trader

    Amen. Couldn't be simpler than this. Sure distributors work hard and help to market and move your product. I have met a lot of really nice, talented people in this area who provide a great service. However, your goal as a brewery, as any other manufacturer, is to sell your product. If you think you can do that on your own, all the power to you.

    These laws are asinine nonsense. I'm glad my state continues to go the other way with regulations.
     
  17. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    Yeah, that's called The Great Big Lie, standard operating bullshit that is spewed every time any sort of reform is proposed. The real truth is that well over 90% of salesmen, I bet, have little to no clue what they represent. They only exist to process orders.

    All of which is besides the point, though. It's a common courtesy among producers not to undercut their wholesalers. And I'd be surprised if many were actually doing it.
     
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  18. nick_perry

    nick_perry Pundit (927) Mar 11, 2017 North Carolina

    These rules are completely ridiculous and the distributors act like cartels! It's a changing world, and by their logic, we should've had laws to keep the steam locomotive, telegraph, and typewriter businesses protected.
     
  19. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    Reforming franchise laws would solve so many issues. The end result would be even more distributors, each with a different size and specialty. Naturally, the ones who benefit from the current system and have no concept of what true accountability is like, will fight tooth and claw to prevent it from happening.
     
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  20. Jaguar10301

    Jaguar10301 Crusader (423) Mar 1, 2010 Maine

    When those were on the cutting block, I promise you the industry groups behind them tried to stem innovation as long as possible. I just read an article in Reason about how we could have had Cell Phones 40 YEARS before we did. The technology was there in the 40's. The industries with vested interest. TV Broadcast and Landline phone made sure the spectrum wasn't available.

    We need to fight the distributors. Write our state representatives and congressmen.
     
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