Transcript Lessons from a Regulation Road Warrior

Pamela S. Erickson, M.A.
Public Action Management
Former Executive Director,
Oregon Liquor Control
Commission
Symposium 21, Des
Moines, IA, October 3, 2013
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Liquor Stores v. Big Box Grocers—Same rules for all?
More outlets to make more money, sell more alcohol—
No consequences?
Three tier issues—buying vertical integration,
wholesale regulation enforcement
Late night entertainment districts—more money, more
work for law enforcement
Anti-trust—sleeping beauty awakens
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Indiana: Sunday sales, cold
beer and “same rules for all.”
Kentucky: Maxwell Pic-Pac
case. Equal protection for
drug stores and grocery
stores! Is there a 21st
Amendment?
Pennsylvania: Beer
wars…beer specialty stores v.
taverns v. grocers
Washington State: Market
advantages shift to big box
stores.
Alcohol specialty stores are
safest venues for selling
alcohol.
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Connecticut governor wants to
expand alcohol sales
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New licenses created to sell
alcohol in non-traditional spaces
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Dry jurisdictions go wet
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Sunday sales expands
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Alcohol is a “legal product” so
should be treated like any other
legal product
Small changes have no
consequences but create jobs
and bring in more tax dollars
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Illinois: Prohibits manufacturer
from owning any part of a
wholesaler
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Other states adopt franchise
protection laws
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Arizona: Extensive three-tier
violations uncovered
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Washington: I-1183 and other
efforts weakened, but did not
destroy, three-tier system.
Wholesale price restrictions
rated as highly effective.
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Revitalize inner cities
Create jobs, more money,
more tax revenue by
selling more alcohol
Law enforcement impact
Problems with public
disorder, DUI, underage
drinking
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The “pre-drinking issue”
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Is it cost/effective?
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US DOJ files lawsuit over
Anheuser-Busch/Modelo
merger
DOJ requires notification when
ABI intends to buy wholesaler
Mexican Federal Competition
Commission limits exclusive
arrangements of beer duopoly
(Grupo Modelo/ABI and
FEMSA/Heineken have 98%
market share)
Craft beer implications
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www.healthyalcoholmarket.com for legal expert reports from
Kentucky Maxwell Pic-Pac lawsuit; for affidavit on vertical integration
filed in ABI Illinois case.
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www.alcohollawreview.org for Indiana briefs , USDOJ lawsuit
against ABI and many other recent cases.
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For rating of 47 alcohol policies including wholesale price policies, see:
“Efficacy and the Strength of Evidence of U.S. Alcohol Control Policies,”
2013 American Journal of Preventive Medicine, Nelson et al / Am J Prev
Med 2013 3;45(1):19 – 28, www.ajpmonline.org
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Nightlife issues: “Dealing with alcohol-related harm and the nighttime economy,” Executive Summary, Monograph Series No. 43,
Australian National Drug Strategy; Responsible Hospitality Institute
for best practices and case studies www.rhiweb.org.