PIRATE BOMB

When information gets passed on to customers a lot gets left out of the translation.

So what it may sound like to a final customer as distributor X refusing the sell store Y beer Z unless they also buy beer A is really a distributor X telling store Y that since they haven't purchase any of beer A, B, etc. they are lower on the list for beer Z.

If you want 'your' beer store to get more limited stuff then maybe pick up a sixer of Chainbreaker or Pivo Pils next time. Just saying.

 

Fair point, Patrick. Had I simply walked in and asked about the beer, I might feel differently. I called the shop, confirmed they still had a bottle. Told them I was driving there to pick it up and expressed my hope it wouldn't sell before I got there. It was only when I got there that he pulled that stunt.

I also shared in a post (back when @BrutalSusan was taking all the heat around pricing) that while I've never had a pricing issue, I've also never scored a single unique limited-release beer there even though I live only four blocks away. I work in Round Rock so always miss the deliveries... but I have friends at other shops willing to put a bottle aside for me given all the beer I buy from them. Just can't seem to make that connection. However, that has nothing to do with how personable I find Sam.

To me, finally was able to score an elusive beer and then faced this. Just too many other shops out there willing to be a little bit more than just a vendor. Not sure if Sam is back yet, but I will go talk with him and share my experience. Feel like I owe it to him to have this conversation face-to-face.

 

Except in Tarrant...where if it's a Barrel Aged 12oz bottle from Avery, 9/10 you're SOL (Hall's excluded). Damn it.

@H0rnedFr0gs -- you might know more on this, but does Fort Worth struggle to sell most Avery products? Hell, I could be part of the problem. I rarely will pick up anything from their regular lineup. Stick with the Trinity, Dictator and Demons...

 

I searched through the code and couldn't find anything about requiring a customer to buy one beer in order to buy another. It sounds fairly sketchy to me, but it also seems like if it's uniformly applied, it'd be a pre-negotiated contract type of thing. IANAL and the fact that I didn't find anything doesn't mean it doesn't exist, just that I couldn't find it.

I did however find this gem I'd not seen before:

Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT.
No person authorized to sell beerat retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of theretailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the
following acts:
...
(4) solicitation of any person to buy drinks for consumption by the retailer or any ofhis employees;​

Which means, I believe, that those restaurants/bars that ask you to "buy a beer for the kitchen" are in violation of the code. Just an interesting thing I found.

 

Below are the two regs/statutes that would most likely apply in the instance described. I am NOT implying in any way that anyone is in violation of these laws, nor am I arguing that these laws are fair or even sensible. Just the facts, ma'am.

Having said that, as others have mentioned there is a very grey legal area here. And the question "Is _____ illegal?" is a very difficult question to answer and often depends on mind-numbingly mundane details.

Sorry for the wall of text. Not an attorney, but I have some background in the legal/lobbying world generally, and with these laws specifically. Happy to answer any questions.

TAC Title 16. §45.110 Inducements.
...
(b) This rule applies to members of the manufacturing and wholesale tiers for all alcoholic
beverages.
...
(c) Inducements. Notwithstanding any other provision of these rules, practices and patterns
of conduct that place retailer independence at risk constitute an illegal inducement as that term is
used in the Alcoholic Beverage Code. Examples of unlawful inducements are:
...
(2) requiring a retailer to purchase one product in order to be allowed to purchase
another product at the same time;

Tex. AL Code Ann. §104.03
A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission.

 

You guys should pass a note to @chaseabeer. Chase and Prairie, in general, are pretty good about calling out stores who engage in non-consumer friendly practices.

As far as having TABC regs enforced, good luck.

 

Hey lbour,

Sorry for a late response, I got back from a vacation a day after this happened to you and while i was away my Brother (Ahmed) was managing E1G.

After reading your post i immediately called my employee (Abdul) and asked if this happened and he told me something that i was not expecting atol and something that i would never ever do which is force/ask/tell my customer to buy something or anything that they do not want period not because it COULD be ILLEGAL but just because i don't think anybody should be forced to buy anything that they do not want - Hell i would have done the same thing if it had happened to me. He said he asked one person only one person dunno who(you) to buy something else if he wants pirate bomb and he said you immediately walked out and he realized it right away that he should not have done that HE said he tried to call you back by saying excuse me but you were gone -

I am Really sorry it happened to you and it happened at my place and i hope you believe me and continue to support us because that its not something that we do at E1G and it was a one time mistake by my employee who acted on his own and believe me i will make sure he will not do that again.

Thank you for spending your hard earned $500 at E1G - We give same service to all our customers regardless of how much they've spent or how many times they've visited E1G in past or if they'll come or not for there regular beer needs in future.

Once again thank you all BA friends for supporting us - you all are AWESOME!

Cheers,
Sam
E1G

 

Is east 1st or any smaller beer / wine retailer considered a "wholesale" tier? If not, none of this applies.

 

I just sent a tweet to TABC to clarify this....we will see.

 

Looks like Austin just got some Pirate Bomb in

 

See the problem is that that restricts a distro from bundling sales to a retailer, but doesn't mention whether a retailer can do the same to a customer. Two different tier-interactions in our lovely three-tier system.

 

https://www.facebook.com/HayMerchan...2231945133234/801434766546279/?type=1&theater

I laughed

 

Quickie pickie? Only $20 a bottle I bet lol

 

Yeah I missed out on this, but QP is the only place in Austin I refuse to patronize. I'd love to know if anywhere else got some in today though.

 

No worries...I am not about to bring up our drama to TABC. Just generic questions.

 

screw quickie pickie...i work close to it but refuse to shop there

 

No. East 1st is a retailer, but the laws still apply here. The distributor is a wholesale tier entity, and, under the described scenario, hypothetically violated the first rule I cited. The violation on the part of a retailer would come from the second law I posted (Sec. 104.03) which prohibits conspiracy to accept illegal benefits, and I think it's safe to say that offering the same tied-products to a consumer would constitute conspiracy.

Right, but also [see above]. There's nothing explicit in the alcohol code that I'm aware of governing retailers offering tied products to a consumer. There MIGHT be the potential for application of some anti-trust laws, but that's just getting really semantic and silly.

Just want to reiterate that I'm not accusing anyone of violating the code or acting improperly.

 

So anyway, how is the beer? Anyone tried it yet?