Outdated, Stale Liquor Laws...

Discussion in 'Beer Talk' started by PorterPro125, Aug 26, 2015.

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  1. JackHorzempa

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

    Amen to that!!

    The problem is that the state politicians write the laws!:grimacing:

    Cheers!
     
  2. upsbeernut

    upsbeernut Savant (1,111) Sep 22, 2011 Georgia

    Thats true but the grocery is thank goodness but usually im asleep awaiting another fun monday at ups
     
  3. AWA

    AWA Savant (1,195) Jul 22, 2014 California

    For once, CA is in pretty good shape. No really ridiculous alcohol laws here. And some stupid ones, like consuming alcohol on the beach, aren't really enforced.
     
  4. microbrewlover

    microbrewlover Initiate (0) Oct 5, 2006 Pennsylvania

    First, something positive: In PA beer distributors just got the right to sell 12 packs, as opposed to selling only cases; I'm glad that finally changed.
    Now, for the antiquated laws, in PA, no beer sales before 12 Noon on Sundays. Supermarkets can sell beer but no more than 192 oz. and the beer must be sold in a separate section of the store and paid for at a separate register.
     
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  5. jarbraj

    jarbraj Initiate (0) Feb 10, 2014 Georgia

    I just don't understand what these laws protect
     
  6. JackHorzempa

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

    Would you prefer to buy 6-packs from your beer distributors?

    Cheers!
     
  7. microbrewlover

    microbrewlover Initiate (0) Oct 5, 2006 Pennsylvania

    The ability to buy 6-packs from beer distributors would be great. For example, pick up a case of something you like then try a 6-pack of something new, therefore you don't have to commit to a case or a twelve pack.
     
  8. JackHorzempa

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

    I too would like to be able to purchase 6-packs from my beer distributor but to the best of my knowledge that would take a reform to PA's alcohol legislation vs. the PLCB making a change of definition (which I believe is what happened with the recent change to let distributors sell 12-packs).

    The 'problem' with the 12-pack thing is that not every craft brewery packages in 12-packs. This limits purchasing choices at beer distributors.

    Cheers!
     
  9. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    Included in that the supermarket must have the beer on offer in a section of the building that qualifies as an eatery, serving food for on site or take out and having a minimum of 30 seats. Otherwise they don't qualify for a license (provided there is one available in the township where they are located and that the township approves their being able to obtain a license).
     
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  10. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    To understand you have to go back and study the history of why the US had prohibition (it wasn't just to prevent alcohol consumption) and then the conditions that had to be in place for states to be willing to approve its repeal.
     
  11. jarbraj

    jarbraj Initiate (0) Feb 10, 2014 Georgia

    I get that... I meant the point of keeping these laws in modern times
     
  12. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    Ahhh, well some of it is simply inertia--that's they way its always been done sort of thing--and undertainty about the potential negative side effects of change. Originally the case law went into effect to inhibit abuse (don't ask :-)).

    Some of it is the special interests that have grown up over the years that have already been mentioned by others, for example if I'm one of the bar owners I don't want the by-the-case retailers to be able to sell six-packs as they'll cut into my business. If I'm one of the by-the-case retailers who's invested $100,000 or more in a license and location, etc. I don't want bars selling more than a limited number of ounces.

    Also a little known bit of information often overlooked by many (or unknown to them) is that legislators themselves might not want to see a change. While it doesn't impact beer sales all wine and liquor in PA has an 18% tax that was enacted back in the 30s for Johnstown flood relief. Johnstown has long ago recovered from that flood so what happens to that money? Was the tax repealed? Of course not. It goes into a special discretionary fund for each legislator the legislators can use to aid their constituents, e.g., help with one time support of a special project, etc.
     
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  13. jarbraj

    jarbraj Initiate (0) Feb 10, 2014 Georgia

    Haha thanks for th detailed answer but I was mostly asking rhetorically. As in, there isn't a point other than special interests taking precedence over what's actually best for he state
     
  14. Pug

    Pug Initiate (0) Jun 6, 2012 Minnesota

    Oh - and to add to the Minnesota brewpub issue (no distribution permitted), they can only brew up to 3500 barrels per year, and included in that is no more than 500 barrels for off-sale (growlers, mostly, since I don't recall hearing of a MN brewpub which sells on-site bombers).

    The brewpub can have multiple locations, but I believe they still can only hit 3500 barrels in total.
     
  15. lester619

    lester619 Initiate (0) Apr 17, 2009 Wisconsin

    Every time I read stuff like this I realize it's easier to get drunk where I live than just about anywhere else in the world.
    ON WISCONSIN!
     
  16. laketang

    laketang Grand Pooh-Bah (3,017) Mar 22, 2015 Arizona
    Pooh-Bah

    I grew up in mad town, tho I moved to Illinois in 1980, but I know what you mean
     
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  17. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    The state ABV caps on beer (which are slowly disappearing or being moved upwards) are probably a result of post-Repeal lawmakers trying to both encourage lower alcoholic beverages in general via tax laws, and, in addition, wanting to prevent alcoholic beverage producers from avoiding higher excise taxes by making high alcohol "beer" rather than higher-taxed wines or spirits.

    The median state excise tax on beer is 20¢/gallon, on wine it's 72¢/gallon (and can go as high as $8/gal) and for distilled spirits it is $3.75/gallon.

    As noted in the links above, even within the categories, some states have higher rates based on ABV - the classic examples being Vermont, with an excise tax rate on beer of 26.5¢/gallon which bumps up to 55¢ over 6% alcohol - and Texas, where "beer" (4% abw and under) were taxed at $6/bbl. while "malt liquor/ale" (which were defined as over 4% abw) were taxed at $6.138/bbl. While the "beer|malt liquor/ale" labeling definition no longer applies, I expect the tax rates still do.

    While many of the Federal and state alcoholic beverage laws are "outdated" in the sense that they don't acknowledge the many changes in the brewing industry and in "beer" in general, there was some reasoning behind most of the regulations (however much one disagrees with those reasons).
     
    #157 jesskidden, Sep 27, 2015
    Last edited: Sep 27, 2015
  18. Bgonzo

    Bgonzo Initiate (0) Jul 27, 2014 Kansas

    Almost all laws written at both the state and federal level become irrelevant at some point. It's the responsibility of us Americans to rework and rewrite the laws to suite craft beer beer drinkers in the 50 most "awsomest" states ever!
     
  19. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    For PA's now obsolete "case law", it was, in part, to protect the local breweries. After Repeal, PA had more breweries than any other state- 15% of all the breweries in the country. None were "national" breweries with coast-to-coast distribution, and up until the 1970s, PA still had more local and regional breweries than any other state, and those breweries had to be owned by Pennsylvania residents.

    To quote the Penn. State Brewers Association president in 1980, in a speech entitled Why Pennsylvania Has Eight Breweries "....We do have good laws...favorable laws". He went on to say that the earliest members of the PBA were responsible for writing the liquor code after Repeal which "protected the brewers". He also claimed that they'd fought and won the battle to "...keep beer out of grocery stores ".

    One of the earliest provision of PA's post-Repeal liquor laws had so-called "importing" distributors (those which brought in and distributed out-of-state brewed beer, rather than buying direct from in-state brewers) paying higher licensing fees and bond rates. That part of the law was challenged by the then-large nationals brewers like Schlitz, Pabst and AB, claiming "...it amounted to a virtual establishment of a monopoly for Pennsylvania breweries..." .

    Or, as Dick Yuengling, Jr said in 1999:
     
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  20. Mark_Eck

    Mark_Eck Initiate (0) Jan 19, 2014 Michigan

    I've never seen anyone here get carded in the 10 years I've been here in Shanghai even though I've seen 8-10 year olds walk out of stores with bottles of 50%+ rice wine bottles. This was a problem with the high school students at the school I used to work for who used to go across the street at recess and pick up $1 pints of 50%+ liquor. They even had their school uniform on when they bought it.
     
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