Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Alcoholic Beverage Law & Policy

No description
by

Candice Alexandria

on 4 September 2014

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Alcoholic Beverage Law & Policy

Alcoholic Beverage Law & Policy
Old News & New Developments
Rob Lowrey
Staff Attorney
CSU Student Legal Services
Introduction
Alcohol Regulation in
Threes:
1. Health
2. Tax, and
3. Criminal
Regulation of
4. Manufacture,
5. Transportation, and
6. Consumption
History
Agenda
Federal, State, & Local Law
-Home Brewing
-Brew Pub Licensing
-Open Containers
-Public Tours & Tastings
-Restaurant & Art Gallery Issues
-Developments in the News
History
Prohibition 1920-1933
(18th Amendment)
1) [T]he manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to jurisdiction thereof for beverage purposes is hereby prohibited
2) The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Humor In History
Mother's in the kitchen
Washing out the jugs;
Sister's in the pantry
Bottling the suds;
Father's in the cellar
Mixing up the hops;
Johnny's on the front porch
Watching for the cops

-Poem by a New York Rotary Club member during Prohibition
History, continued...
Repeal of Prohibition 1933 (21st Amendment)
1) The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
2) The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
(Fort Collins was DRY until 1969)
RMCHRONICLE.COM
Fort Booze
By: Josh Johnson 1/24/2008
Despite 73 years of prohibition, Fort Collins has never stayed on the wagon.
As the sun sets over Old Town, Fort Collins, so shifts its clientele. The doors are shut to the wholesome, domestic products of The Cupboard, while across the street, the neon lights of the Drunken Monkey cut through the dark, guiding patrons seeking the revelry and intoxicating bliss of booze.
This cultural dichotomy has been the cause of dispute as two groups with very different ideas of prosperity in Old Town try to cohabitate harmoniously. This issue, however, is nothing new. In fact, day and night have been at odds in Old Town since before Fort Collins’ inception. And despite laws, murders and intimidation, day has never been able to drive out the night…

Art Dept: Candice Coltrain
Current Federal Homebrew Law
1978 President Carter signed amendment to federal statute allowing home brewed beer
-Title 25, Chapter 51, Subchapter A, Part I, Subpart D, § 5053 (internal Revenue Code
(e) Beer for personal or family use...
[A]ny adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer. . . shall not exceed -
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or (2) 100 gallons per calendar year if there is only 1 adult in such household.
Colorado Home Brew
Law
CRS 12-47-106. Exemptions.
(2) (a) [W]hen permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of fermented malt beverage or malt or vinous liquor as is exempt from the federal excise tax on such alcohol beverage when produced by a head of a family for family use and not sale.
Colorado Home Brew Law
(b) The production of fermented malt beverages or malt or vinous liquors . . . shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.

(c) Fermented malt beverages or malt or vinous liquors . . . shall be exempt from the tax imposed by this article, and the producer shall not be required to obtain any license . . . .
Colorado Home Brew Law
Transport, Competitions, Etc
(d) Malt liquors . . . may be transported and delivered by the producer to any licensed premise where consumption of malt liquors by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in the judges of such events. [Samples] shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
Some Ironies
of Local
Regulation
Some states, counties, cities actually outlaw homebrewing:
-Homebrewing Illegal in Utah
>Homebrew supply stores still thrive
d
>March 2009, A Change in the Law
-In Remote Alaska: homebrewing is a felony
>In anchorage it's a hobby
-M-I-S-S-I . . .
Brew Pubs in Colorado
New Class of license created in 1996
Brew Pub license allows sale and consumption on premises of malt, vinous and spirituous liquors, and permits manufacture of malt liquor on licensed premises. Malt liquor manufactured on licensed premises may be sold for consumption on premises, sold to independent wholesalers for distribution to licensed retailers or sold to the public in properly labeled sealed containers "to go."
Offenses Against
Decency
Fort Collins Municipal Code
Indecent
Exposure
Window
Peeping
Open
Container
of Alcohol in
Public
Liquor Store Tastings (2006)
12.47.301 Licensing in General
(10)(c)(I) Tastings shall be conducted only by a trained server who is either a licensee or an employee of a licensee, and only on a licensee' licensed premises.
(II) The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to section- 12-47-403 at a cost that is not less than the lain-in cost of such alcohol.
(III) The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.
(IV) Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive
(V) Tastings shall be conducted only during hours the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11a.m. or later than 7p.m.
(VI) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.
(VII) The licensee shall promptly remove or destroy the samples immediately following the completion of the tasting.
(VIII) The licensee shall not serve a person who is under twenty-one years of age or who is visible intoxicated.
(IX) The licensee shall not serve more than four individual samples to a patrol during a tasting.
(X) Alcohol samples shall be in open containers and shall be provided to a patron free of charge.
(XI) Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed one hundred four days per year.
Offenses Against Decency
Fort Collins Municipal Code Sec. 17-141. Carrying or drinking liquor or fermented malt beverages in certain places
(a) No person shall carry or have any opened container of liquor or fermented malt beverage on any street, sidewalk, alley or other public place, in any automobile or on the grounds or in the facilities of any public or private school, college or university except where authorized by the governing authority of such institution.
Offenses Aginst Decency
Fort Collins Municipal Code Sec. 17-141.
(d) As used in this Section, the phrase open container shall mean any container other than the original closed container as sealed or closed for sale to the public by the manufacturer or the bottler of the liquor, vinous liquor or fermented malt beverage.
Offenses Against Decency
(Plastic Bottles, Keg Cups, etc...)
Also, if any liquor or fermented malt beverage has been transferred from its original container into another container, whether that other container is closed or sealed in any way, the container into which the liquor or fermented malt beverage has been transferred shall be deemed to be an open container under this definition.
Utah Legalizes Homebrewing
realbeer.com
March 25th, 2009 | Posted by Jay Brooks
Yesterday, Governor Jon M. Huntsman, Jr. of Utah signed into law legislation that makes homebrewing beer legal. The “Exemption for Alcoholic Beverage Manufacturing License” was sponsored by Representative Christine A. Johnson and made Utah the 46th state to legalize homebrewing. The US Government made homebrewing legal on a federal level in 1978. Since then all but four states; Alabama, Kentucky, Mississippi and Oklahoma have made homebrewing legal.
“Home-brewing is a healthy and vibrant hobby in Utah as evidenced by the outpouring of support HB 51 received in the 2009 Legislature,” commented Rep. Christine A. Johnson. “Many thanks to the American Homebrewers Association for thorough education, great committee testimony and association members who flooded elected officials with emails of support.”

But it’s not just homebrewers who are excited about the change. Jennifer Talley, brewmaster for Squatters Pub Brewery/Salt Lake Brewing Co in Salt Lake City, says the relationship between professional and amateur brewers has always been a tight one and legalizing homebrewing will allow this relationship in Utah to evolve and grow.
But it’s not just homebrewers who are excited about the change. Jennifer Talley, brewmaster for Squatters Pub Brewery/Salt Lake Brewing Co in Salt Lake City, says the relationship between professional and amateur brewers has always been a tight one and legalizing homebrewing will allow this relationship in Utah to evolve and grow.

“Homebrewing is truly an art and most professional brewers I know were once homebrewing in their kitchen. Utah beer enthusiast will now have the freedom to express their deepest beer desires through perfecting the craft of homebrewing in their own kitchens,” says Talley.

The American Homebrewers Association estimates that there are approximately 750,000 homebrewers in the United States, including 7,000 homebrewers residing in Utah. Utah is the only state to have legalized homebrewing in the last ten years.

“With the successful passage of HB 51, Utahns can confidently assemble into homebrew clubs and organize competitions,” states the Utah law student Douglas Wawrzynski, who launched this most recent attempt to legalize homebrewing. “Utah homebrewers are finally free to relax, stop worrying, and have a legal homebrew.”

“It has been an honor to work with the homebrewers of Utah to help legalize homebrewing in their state,” says Gary Glass, Director of the American Homebrewers Association (AHA). “I can think of no greater cause for the American Homebrewers Association to take on than ensuring all Americans can legally brew at home.”

There is currently an active movement to legalize homebrewing in Alabama, and the AHA has heard from homebrewers in Kentucky, Mississippi, and Oklahoma who are interested in starting movements in each of those states.
'Open carry' could breathe
life into downtown Loveland
Proposal would allow
public alcohol consumption on Fourth Street
By: Tom Hacker | 8/21/2012
An "open carry" proposal seems bound for Loveland City Council consideration, and it has nothing to do with guns.
It's about alcohol, and whether it ought to be OK for people to carry adult beverages in open containers on Fourth Street in downtown Loveland during specified hours on certain days.
A year-old state law enables cities to designate "entertainment districts" where alcoholic drinks can be purchased at licensed establishments and carried publicly in specified zones.
And city officials are exploring whether the provision might play a role in breathing more life into downtown Loveland.
"As far as this pertains to downtown, I think it would be an easy thing to do," said Loveland councilor Daryle Klassen, who was the first to float the idea among other city officials.

'A Mobile Thing'

"One of the advantages that we have is that it's a little more concentrated on Fourth Street. Downtown revitalization, I've always thought, is a mobile thing. You go up and down the street. You hear some live music up here, and stop and talk with a friend down the street."
A model for how such a scenario might work is 15 miles east, where Greeley is in its first summer of an experiment that
goes under the name "GO Cup."
On June 8, Greeley became the first Colorado city to open a downtown district for public alcohol consumption at its Friday Fest events, held on the Eighth Street Plaza and along a half-block stretch of Eighth Avenue in the heart of downtown.
Organizers of the "GO Cup" program say it has been successful enough in bringing traffic to the long-suffering city core that the event will continue every Friday through October.

Survey Shows Support

"It's been so well received," said Mandi Huston, a Greeley Downtown Development Authority staff member who has been involved in the planning and operation of the project. "We've had absolutely no negative experiences with this. It's a sustainable idea. People know now that there's something to do here."
Loveland economic development staff member and downtown planner Mike Scholl has taken the idea to the city's Facebook page for a referendum from users, and has found that a survey posted there shows support of exactly two-thirds of those responding.
"We've had 97 responses, and 66 percent are in favor," Scholl said.
Scholl also confessed his
ambivalence about the prospect of open alcohol use.
"I kind of wonder in Loveland's case whether it will be as great as some people want it to be, or as negative as some other people fear it would be," he said.

'Family-Friendly'

Huston said Greeley's success is measured by the crowds that attend the Friday Fest gatherings, including many city residents who have needed to consult maps to find their way downtown.
"It's drawn a lot of people from out on the west side," she said. "And it's a family-friendly event. We've even had families from Longmont come to downtown to enjoy this."
An ordinance debated and eventually passed by Greeley's City Council over the course of the spring spells out how issues of insurance, liability and security are handled under the stringent, but accommodating, GO Cup rules.
Patrons must show proper identification at one of the seven licensed venders in the downtown district before getting an alcoholic drink, and must wear a wristband before taking the drink outside in a container clearly marked with the GO Cup logo.
Thereafter, their movements are restricted to the plaza and streetside zones specified in the ordinance.
Greeley DDA staffers have received so many inquiries from other Colorado cities and towns interested in their program that the agency will conduct a Sept. 7 symposium on how they put it in motion.
For now, the so-called "open carry" proposal does not appear on the Loveland council calendar, Scholl said.
"I know it will be in front of them at some point, because they've asked us to look into this," he said.
Unless, of course,
it's good for business...
Offenses Against Decency
(Take-Home Restaurant Wine, 2004)
If an original container has been unsealed, undone or opened in any manner, it shall be considered an opened container for purposes of this Section, except, with regard to vinous liquors only, where the container has been opened and resealed in compliance with Section 12-47-411(3.5), C.R.S., and such resealed container remains sealed and is not present in the front driver or passenger compartment of an automobile.

In the News...
Art Gallery Licenses, 2008
- C.R.S. 12-47-422
Trader Joe's coming to
Colorado,
state records show
By: Alicia Wallace | 01/18/2012
Trader Joe's is planning to come to Colorado this year, and a source close to the situation said the California grocer is "most likely" coming to Boulder's Twenty Ninth Street shopping center.
The grocer filed documents on Monday registering the business name with the Colorado Secretary of State. According to state records, the grocer expects to begin
"transacting business or conducting activities" in Colorado as of April 1.
Trader Joe's spokeswoman Alison Mochizuki declined today to comment about the filing.
"We don't have anything to confirm," the spokeswoman said.
JT Fulton, Twenty Ninth Street's property manager, also declined to comment.
Liquor Store Delivery?
Tuesday's Collegian
State laws kill buzz of home brews
By: Stacy Jones | USA TODAY | 8/9/2010
When the 2010 Oregon State Fair opens on Aug. 27, there won't be an amateur beer-brewers competition for the first time in 22 years.
An overlooked, 80-year-old statute that says Oregon home-brewed beer can't leave the home has forced fair organizers to cancel the competition, which had 335 entrants last year, says Oregon Liquor Control Commission spokeswoman Christie Scott.
Brewers were reminded of the statute after the Oregon Michigan,
says Chris Frey, chairman of the American Homebrewers Association.
Michigan law says homemade beer can travel, but not into the bars where clubs often meet. Frey, of Saline, Mich., says the licensed bars that host such meetings, for now, can no longer host them.
"We realized we have put our hosts at risk," he said.
Frey says state Reps. Douglas Geiss and Deb Kennedy, both Democrats, proposed a change that would have made tastings and competitions in bars legal. It died in committee this year after the liquor commission expressed opposition.
Most states permit home brewing by defaulting to federal law, which permits people 21 and older to brew 100 gallons per calendar year without a license and prohibits them from selling it, says
Gary Glass, director of the American Homebrewers Association.

This year, Oklahoma legalized home brewing, leaving Mississippi and Alabama as the only states that outlaw it, he says.

Republican state Rep. Colby Schwartz wrote the measure that made home-brewed beer legal in Oklahoma. "Most people didn't know it was against the law. You can walk into almost any store and buy a home-brew kit."

Chris Hummert, competition chairman of the Oregon Brew Crew, a Portland-based group dedicated to home-brewing education,says the newly unearthed statute in his state could stifle growth of brewing entrepreneurship. "Competitions provide an outlet where home brewers can perfect their craft and refine their beers and recipes and eventually become professional brewers."
Philadelphia bar
owners foaming
about raids,
old laws
Matt SlocumBartender Sean McGuinness pauses while working at the Resurrection Ale House, Wednesday, March 10, 2010, in Philadelphia. An anonymous complaint that the Philadelphia bar was selling beer that has not been properly licensed with the Pennsylvania Liquor Control Board led to raids on three upscale bars last week in which police confiscated three quarter-kegs and 317 bottles of beer that believed to have not been properly registered with the state. PHILADELPHIA — A real brouhaha has beer lovers in the City of Brotherly love frothing over with anger. State regulators say it's a simple matter of making sure bars and beer manufacturers aren't scamming the system. But bar owners say hard-to-spell beer names and typographical errors show how archaic Pennsylvania's
Prohibition-era liquor laws really are.
It all came to a head after an anonymous complaint that a Philadelphia bar was selling beer that had not been properly licensed with the Pennsylvania Liquor Control Board, an agency created in 1933 to regulate the sale of alcohol.
That tip led to raids last week at three upscale bars, where police confiscated three quarter-kegs and 317 bottles of beer that were not believed to have been properly registered with the state. Raids at Memphis Taproom in Philadelphia's Kensington section, Local 44 in west Philadelphia and Resurrection Ale House downtown caught the couple who run them by surprise. "I feel like there are a lot of typographical errors that caused this," said Leigh Maida,
who received calls from staff around midday March 4. "The laws were really developed before there were so many kinds of beers."
Under Pennsylvania liquor law, manufacturers of malt or brewed beverages must pay a $75 annual fee to register each brand. About 2,800 beers are now registered in the state; manufacturers submit applications to the liquor board, showing the agreement they have with the wholesaler.
In the recent raids, a tipster contacted the state, said Sgt. William La Torre, commanding officer of the Philadelphia office of the Bureau of Liquor Control Enforcement, which enforces the liquor laws. Statewide, police say there are typically fewer than 10 complaints a year about unregistered beer.

Hartranft, don't know who filed the complaint. They believe the problem largely results from archaic liquor laws and misunderstandings about formidable beer names that often get abbreviated.
The liquor code, they say, is no match for beers with names like Dogfish Head Raison d'etre and a dark ale called 't smisje BBBorgoundier. The rigid code also isn't able to account for when they abbreviate Allagash White Beer to "Allagash Wit" on their menus.
At one bar, Maida had a beer listed as "de dolle Oebier gran reserva;" the beer itself was "de dolle oerbier," but the police had it spelled as "de rolle oebier," she said.
Pennsylvania has some of the strictest liquor laws in the country, funneling the sale of wine and spirits through state-run liquor stores and regulating the sale of beer mostly through the state's approximately 1,100 licensed distributorships.
Distributors can only sell kegs and cases of beer; bars, restaurants and delis, which must apply for liquor licenses from the state Liquor Control Board, can sell six-packs. In recent years, a small number of grocery stores and markets also have gotten licenses to sell beer.
Maj. John Lutz, director of the Bureau of Liquor Control Enforcement, said police are working with the board to try to figure out which of the recently seized beers are registered.
So far, 72 of the 317 bottles seized were being returned after police determined they were registered, Lutz said. No
charges have been filed in the ongoing investigation. "We're trying to sort out the whole labeling issue," Lutz said. "Anything that was just a spelling mistake, hopefully we've caught."
As part of their follow-up to last week's raids, police seized about 12 cases of beer from a distributor in northeastern Philadelphia, he said.
But with the growing number of breweries nationwide, enforcement of the state's liquor laws has become more challenging. "When it comes to the registration of the beer, the burden is really on the manufacturer to register the beer," Lutz said. "With the number of microbreweries that have sprung up around the country, it has become very difficult."
Liquor code violations are heard by administrative law judges. The Liquor Control Board, for its part, said it's simply a matter of following the laws passed by the Legislature.
Nevertheless, the hubbub has many in the city's beer community crying foul.
Keith Wallace, owner of the Philly Beer School, which offers classes on beer, said the raids show how unrealistic the archaic system is.
The Liquor Control Board can too easily be used as a weapon by people who have a gripe with a bar or restaurant, he said. "It's impossible not to be in violation of PLCB laws some way because they are so onerous," he said. "Nobody follows the law 100 percent."
By: The Associated Press | 03/13/2010
Colorado to Ban Light & Low-Calorie Beer in Bars?
Next year bars and dine-in restaurants in Colorado might be forced by law to stop selling light, low-calorie, and low-alcohol beers.
Any beer under 4% alcohol by volume would technically not be a malt beverage and in Colorado bars and restaurants are only licensed to sell liquor, wine, and malt liquor. While the provision isn’t new the new enforcement of the code may mean that by next year bars may have to stop selling light and low-calorie beers like Amstel, Heineken, Yeungling, Michelob, MGD 64, Bud Select 55, and even some non-lightbeers like Murphy’s
Irish Stout; all of which come in under 4% ABV. At the same time, grocery and convenience stores will continue to sell beers that fall under the 3.2% alcohol by volume threshold.
That number, 3.2% might sound familiar if you’ve followed my coverage of the Colorado beer-in-grocery-store fight that has been raging in the state in recent years. Currently, Colorado grocery stores can sell beer as long as it is less than 3.2%
alcohol by volume. In recent years grocery and convenience store owners have made a push, challenging the laws and asking that they be allowed to sell full-strength beer-currently only available in liquor stores, restaurants, and bars. Liquor store lobbyist have been able, thus far, to thwart such attempts and last year, after another failed effort, grocery store owners and their supporters in the legislature amended a bill that would require the
liquor laws in the state to be enforced to the letter. “Either stop selling the product we sell, or let’s stop having this false delineation on beer,” said Jason Hopfer, lobbyist for a group of convenience stores. “Let’s let beer be beer.”
It seems that the grocery and convenience store owners are employing a strategy whereby the customer and bar owners will be as inconvenienced as they are and perhaps they will be incensed enough
to call their representatives and vote down the silly state laws.
It might actually work. Parties that have thus stayed away from the debate are suddenly taking an interest:
Pub owner Patrick Schaetzl had this to say:
It’s ridiculous…I don’t understand why the nanny state would (ban beers) when the other stuff is three, four and five times more alcohol by volume. It’s going to hurt a lot of places.
While Pete Meersman, president of the Colorado Restaurant Association said:
“We’re not really involved in this fight,” said “Our members feel like they ought to be able to sell the stuff. Patrons, too, are beginning to see their stake in the fight. Two bar patrons interviewed by the Denver Post added:

“In a lot of ways, they’re safer beers to drink,” said Maloney, who sticks to low-alcohol beer when he’s skiing. “It’s really just another way for state government to make things complicated.”
While liquor stores are already drafting bills to cut-off the latest grocery-store strategy, perhaps Coloradans will begin to see what Maloney, Meersman, Schaetzl, and convenience stores see: the state government of Colorado should not be telling business owners and grown adults what drinks they can buy where.
By: Michelle Minton | 12/2/2010
Beer battle destined to return to
Legislature
A Denver-area legislator will start the latest battle in the seemingly never-ending Capitol beer wars when he introduces a bill in the next two weeks that would allow grocery and convenience stores to sell full-strength beer — but only full-strength beer that is made by a craft brewery.
The legislation by Rep. Kevin Priola, R-Henderson, also would raise from one to five the maximum number of licenses someone can get to sell full-strength beer, a move that would allow chain grocery stores to increase the number of locations where they can offer the product.
Priola, who has been a supporter of beer-sales expansion efforts but has never been the primary sponsor of such a bill before, said he hopes his proposal meets the needs of both grocers who want to sell full-strength beer and craft brewers who argue their products still wouldn’t make it into chain stores if the law is changed.
“I keep coming back to other issues that have come up in the past four years,” Priola said. “I think it’s an elegant balance that should address the needs of brewers and consumers.”Grocers and convenience stores said that they would prefer to be able to sell all kinds of full-strength beer but feel the bill is a step in the right direction, if not a final solution.
However, liquor-store owners and craft brewers both said they oppose the measure, believing that it still will lead to closures of locally owned liquor stores and less shelf space for craft beers to be sold.
“My whole philosophy is: ‘We’re one of the craft-brew capitals of America. Why mess with what we’ve got?’” said Rep. Brian DelGrosso, a Loveland Republican who has opposed beer-sale expansion efforts for several years. “He’s looking to help the craft beer industry, but they didn’t ask for his help. It’s like someone saying ‘We’re from the government, and we’re here to help.’”
Full-strength beer sales has been an explosive issue since the Legislature voted in 2008 to allow liquor stores to operate on Sundays, taking away the largest portion of beer sales for grocery and convenience stores that can sell nothing stronger than beer that is 3.2 percent alcohol by weight. Legislators introduced bills to allow full-strength sales during every session from 2008 through 2011, but all of the proposals died under a hail of criticism from liquor stores and the increasingly powerful craft beer industry. Priola’s effort, which he said he expects to introduce in early February, would allow grocers and convenience stores to sell beer up to 10 percent alcohol by volume — a strength that covers most every beer sold in a six pack — but only from brewers that make 6 million barrels of beer or less a year. The production cutoff mirrors the definition of a craft brewery established by the Boulder-based Brewers Association, and it would mean that beers from such companies as Anheuser-Busch InBev and MillerCoors LLC could only be sold at those stores in low-strength forms.
Representatives for both
Anheuser-Busch and MillerCoors declined to comment on the bill until it is introduced.
Chris Howes, president of the Colorado Retail Council, said grocers support the bill because it takes “small steps” to syncing state liquor laws with those of other states that allow grocers to sell full-strength beer in as many locations as they’d like. He added that he believes the market will demand more modernization eventually. Grier Bailey, manager of government affairs for the Colorado/Wyoming Petroleum Marketers Association, said his convenience-store members also would like to sell the full range of beers but back Priola’s measure.
“The reality of this bill is it’s specifically targeted to both consumers in Colorado and the industries that support them,” Bailey said. “It’s a conversation that might not be appropriate in other states but is in Colorado.”
But liquor-store owners, who now are allowed just one license each, oppose the proposal because they believe it benefits only large out-of-state chains rather than the more then 1,600 individuals who now own such stores in Colorado and work closely with local liquor producers. Jared Blauweiss, who stocks about 450 beers in his Mr. B’s Wine and Spirits in Denver, said that the bill seems less a compromise than a rehashed version of past efforts.
And John Carlson, executive director of the Colorado Brewers Guild, said that most craft brewers will not benefit from grocers and large convenience stores being able to sell them, as chains typically sell only the most popular craft beers. That will narrow the market for where the state’s roughly 160 craft breweries can be sold — especially seasonal or one-time beers that are not year-round big sellers — and could shutter some breweries that need the revenues from local liquor-store sales.
“Craft brewers brew just 4.6 percent of the beer that is produced in Colorado but are responsible for over 64 percent of the brewing jobs in this state,” Carlson said. “I don’t think you’re going to see a lot of new jobs in those chain retailers if you allow them to sell full-strength beer.”
Priola said he remains hopeful that he can get more support for what he called a “measured and reasonable” bill.
By: Ed Sealover | 01/25/2013 | Denver Business Journal
Beer's "Growler" Phenomenon Goes
Mainstream, Helping Craft Sales
Shaken News Daily | August 24th, 2012
Most small craft brewers distribute their beer on draft only, because bottling is expensive and the off-premise is difficult to crack. Frequently, those draft sales are made in growlers—64-ounce containers that are filled at breweries and taken away. But now the growler is being embraced by mainstream retailers, including grocery stores, c-stores, gas stations and drug stores.
Sunoco launched its Craft Beer Exchange Program in July 2011, dispensing beer in growlers at over 40 of its gas stations in the Buffalo, New York market in partnership with A-Plus convenience stores. Each location offers nine to 12 taps and includes brews from Allagash, Dogfish Head and Victory Brewing, along with larger craft brewers like New Belgium Brewing Co. Sunoco has since expanded the program to offer growler fills at 17 locations in Charleston, South Carolina. Sunoco, which operates over 600 gas stations and c-stores nationwide, is considering the program in other states.
The growler phenomenon is generating buzz in other retail channels. At the Filling Station Beer Store in Chelsea Market in New York City, Stephanie Hirsch has been selling 16- and 64-ounce growlers for two years. “We have a small, open-air space,” Hirsch says. “People can also take a seat and drink the beer here.” The Filling Station has six taps and sells growler containers for $2 (pints) and $5 (half-gallon jugs). Prices on larger growler fills range from $11-$15, with a 10% discount for refills. Craft beers include local brews from Kelso, Captain Lawrence and Brooklyn Brewery.
In beer-savvy Seattle, Chuck’s 85th Street market is a hot spot for beer to go. The small grocery store carries over 1,000 beers and maintains 30 taps. “We started as a market with a great beer selection and added taps last July,” says owner Chuck Shin. “Now we’ve become a neighborhood pub.”
Chuck’s sells 64-ounce growlers for $6 and a 32-ounce size for $5. Fills on larger growlers average $12-13. Shin buys 84 cases of the larger growlers at a time and also rinses returns for customers. “The (growler) clientele is different from regular beer buyers,” he says. “They have more discipline and know what they want.”
Not all retailers are content with standard growler jugs. “We carry half-gallon Mason jars instead,” says Chris Ormond, beer buyer for Belmont Station, a bottle shop and “bier café” in Portland, Oregon. “You can waste a pint of foam trying to fill those narrow mouth growlers.” In addition to over 1,000 bottled beers, Belmont station offers 16 draft beers. The café charges $3 for growler jars and $11-$12 to fill them, depending on the beer.
At 99 Bottles beer store in Federal Way, Washington, owners Craig and Tiffany Hereth Adomowski sell hundreds of bottled beers but last summer added eight taps to fill growlers. They use standard 64-ounce jugs as well as 32-ounce swing-top bottles. The store charges $5-$15 for smaller growler fills and $10-$30 for the larger ones, depending on the beer. Top sellers include Mack & Jack’s African Amber and Manny’s Lucile IPA, both beers from local breweries that don’t normally bottle their products. These beers are always on tap at the store, while the selection from the other taps varies.
Supermarkets are now also offering beer to go. Heinen’s, a Cleveland, Ohio-area chain, has added draft lines in 15 of its 17 stores. “We’re exceeding expectations—it’s the top-selling SKU in our stores,” says Heinen corporate wine and beer buyer Ed Thomkins. Each Heinen’s store has its own four-handle dispense unit and offers a mix of local, national and imported beers. Two taps are the same for all stores while two rotate.
At New York City’s Grand Central Terminal, Justin Philips opened the Beer Table Pantry in August 2011—a tiny (150-square-foot) store selling bottled beer and filling 64-ounce growlers from six taps. “My customers are mostly regular commuters, as well as tourists,” says Philips, who also owns the Beer Table restaurant in New York. He pours only beer from small brewers and stocks 80-100 bottled brands. “I have only a grocery license, so you can’t drink beer here,” he adds. Sales volume varies, but he fills as many as 100 growlers on a busy Friday. The Beer Table Pantry charges a $5 deposit on growlers and fills them for $10-$15.
Some U.S. drugstores are also selling draft beer. New York-based Duane Reade (purchased by Walgreens in 2009) now has Brew York City Growler Bars in two stores—one in Brooklyn and one in Manhattan. All growler fills cost $7.99 and include beers from craft breweries such as Bear Republic, Dogfish Head, Green Flash and Shmaltz Brewing.
In most states where growler sales are now permitted, beer laws had to be amended. (Florida still bans it, permitting breweries and pubs to sell draft beer only in quart or gallon sizes.) Washington state only legalized it last July. In Arizona, a new law permitting growler fills went into effect on August 2. The Arizona Department of Liquor License and Control, on behalf of Walgreens, asked for the wording to be added to a broad legislative liquor bill. At this point, Walgreens hasn’t indicated whether it plans any growler sales points in the state.
on tap at the store, while the selection from the other taps varies.
Supermarkets are now also offering beer to go. Heinen’s, a Cleveland, Ohio-area chain, has added draft lines in 15 of its 17 stores. “We’re exceeding expectations—it’s the top-selling SKU in our stores,” says Heinen corporate wine and beer buyer Ed Thomkins. Each Heinen’s store has its own four-handle dispense unit and offers a mix of local, national and imported beers. Two taps are the same for all stores while two rotate.
Beer’s “Growler” Phenomenon Goes Mainstream, Helping Craft Sales
August 24, 2012
Most small craft brewers distribute their beer on draft only, because bottling is expensive and the off-premise is difficult to crack. Frequently, those draft sales are made in growlers—64-ounce containers that are filled at breweries and taken away. But now the growler is being embraced by mainstream retailers, including grocery stores, c-stores, gas stations and drug stores.
Sunoco launched its Craft Beer Exchange Program in July 2011, dispensing beer in growlers at over 40 of its gas stations in the Buffalo, New York market in partnership with A-Plus convenience stores. Each location offers nine to 12 taps and includes brews from Allagash, Dogfish Head and Victory Brewing, along with larger craft brewers like New Belgium Brewing Co. Sunoco has since expanded the program to offer growler fills at 17 locations in Charleston, South Carolina. Sunoco, which operates over 600 gas stations and c-stores nationwide, is considering the program in other states.
The growler phenomenon is generating buzz in other retail channels. At the Filling Station Beer Store in Chelsea Market in New York City, Stephanie Hirsch has been selling 16- and 64-ounce growlers for two years. “We have a small, open-air space,” Hirsch says. “People can also take a seat and drink the beer here.” The Filling Station has six taps and sells growler containers for $2 (pints) and $5 (half-gallon jugs). Prices on larger growler fills range from $11-$15, with a 10% discount for refills. Craft beers include local brews from Kelso, Captain Lawrence and Brooklyn Brewery.

Stainless steel growlers arrive
in Colorado breweries
The glass growler is an economical if imperfect vessel.
As long as you don't have a case of the dropsies (or are overly obsessive about freshness), it's a relatively inexpensive and easy way to cart 64 ounces of craft beer home or to a party.
While a number of breweries have shifted to amber glass to better block out light and a few now offer smaller growlers to cater to solo drinkers, the growler has not changed much over the years.
Only now are the seeds of a growler revolution being sown.
A growing number of Colorado breweries — including Great Divide, Oskar Blues and Upslope on the Front Range — are experimenting with stainless-steel growlers produced by companies betting consumers will be willing to pay more for a sturdier container that could, with innovation, eventually keep beer fresher longer.
In early October, Great Divide in Denver received a shipment of 144 stainless-steel growlers from the Portland, Ore.-based Zythos Project.
The company's cleverly named product, The Brauler, is available at 26-plus breweries and was designed by beer writer Christian DeBenedetti and chemical engineer/entrepreneur Harvey Claussen after input from the craft-beer industry. Claussen said the vessel is twice as thick as it needs to be and designed so even a highly carbonated beer in a hot car won't become a growler bomb. Great Divide tap room manager Will Curtin said the brewery is sensitive to staying cost-competitive, so it is continuing to sell glass growlers alongside the stainless-steel ones that go for $35.
"Some of the appeal of glass is, I can roll by a brewery, grab one, leave it at a party and not really worry about it if it's $5," Curtin said. "The main drawback (of stainless steel) is the price."
Claussen said a new carbonation tool, a "FreshCap" system, will ship early next year, giving growler beer a much longer shelf life.
"If someone can figure that out, they will have made themselves at least $1 million," said Bryan Simpson, spokesman with New Belgium Brewing in Fort Collins. "If you can figure out a way to engineer that, the viability of growlers would grow tenfold."
Oskar Blues in Longmont is high on its new stainless growlers because it aligns with the brewery's pro-can gospel of portability and elimination of light damage, said spokesman Chad Melis.
Odell Brewing marketing and branding manager Amanda Johnson-King said the Fort
Collins brewery has mixed feelings about stainless..
On the one hand, concerns exist "about any kind of vessel you can't see through because you can't tell if it's clean," she said. That is one reason Odell's growlers are clear glass. Another concern is wasting beer if you can't tell when a stainless growler is full, she said.
Other breweries stubbornly refuse to sell their draft beer to go.
"We don't do growlers because as soon as the beer goes into the growler, the oxidation process has begun, which has immediate big effects on the flavors and aromas we worked so hard to achieve," said Joe Osborne, marketing director for Boulder-based Avery Brewing. "If someone takes home a growler and tosses it in the fridge, the beer is not the same beer anymore within about two hours — especially IPAs and hop-forward beers."
Osborne said Avery will watch growler developments that might prompt a change in direction.
All beer, no beefcake: The words "pinup calendar" probably conjure images of bare-chested firefighters. Or something like that.
If there are any beer bellies lurking in a new 2013 calendar spotlighting a dozen Colorado craft breweries, they are tucked safely away (or being sucked in) by fully clothed models.
The Fort Collins-based Pitchfork Pinups Calendar Company put together the project as a sequel to its similarly tasteful Farmers of Colorado calendar, which debuted in 2012 and is returning for 2013.
"We had so many people who like craft beer ask us to make a craft beer calendar, which we thought was a great idea because there are so many great breweries in our state," said company co-founder Kelsi Nagy. "The aim is to connect people with their local food producers."
The calendar is on sale for $14.95 plus $4.95 shipping and handling, at pitchforkpinups.com. Proceeds go to Save the Colorado River Foundation.
Golden stout: Left Hand Brewing introduced its Milk Stout about a dozen years ago after co-founder Dick Doore was inspired by Castle Milk Stout he encountered on a trip to Africa in 1998.
Back then, sweet stouts were a largely untapped market in the U.S. — save for a certain well-known Irish brand that starts with a "G."
"While the rest of the (U.S.) craft-beer industry was pushing their IPA and competing for handles and shelf space, we faced few competitors," said Left Hand spokeswoman Emily Armstrong.
Now, Milk Stout is Left Hand's biggest seller. The creamy concoction was the only Colorado brew to take gold at this month's European Beer Star awards in Nuremberg, Germany, a competition that is limited to beer categories with origins in Europe.
By: Eric Gorski | The Denver Post | 11/28/2012
The Triumphant Return of the Hopsicle
Radley Balko | July 15, 2008
After a year of negotiation, the "hopsicle" returned to Rustico earlier this month.  There's also now a bill pending in the state legislature cementing the legal status of the frozen treat.

Also taking effect this month in Virginia:  a bill legalizing sangria.  That drink was also banned in the commonwealth, due to a post-Prohibition law banning any drink that mixes spirits, wine, or beer.  The law technically outlawed martinis and boilermakers, too.

Legislators Fight Nebraska's
Boilermaker Alcohol Ban
It's perfectly legal in Nebraska, as in other states, for an adult to go into a bar and order a Long Island Iced Tea or any other drink that combines several different kinds of alcohol.
But unlike every other state, Nebraska makes it illegal to serve a boilermaker, an Irish Car Bomb or any other cocktail that mixes liquor with beer -- mixed drinks sold throughout the rest of nation.
Nobody remembers exactly when the law went into effect, but Nebraska Liquor Control Commissioner Hobert Rupe suspects it was around the time of Prohibition. Now, he's among those trying to scratch the law from the books, introducing what's become known as the "boilermaker bill" -- though there is no certainty they'll prevail.
"Was it a problem in 1935?" Rupe asked during an interview with ABCNews.com. "Perhaps. Is it a problem in 2010? I don't think so."
'It's Kind of Silly'
Many bartenders agree, noting a certain hypocrisy in today's enforcement of the ban. "I think it's kind of silly," said Kim Ringo-Bright, general manager at the Starlite Lounge, a bar in downtown Lincoln, Neb. "It doesn't make a lot of sense. I mean, a Long Island Tea [which is legal] has five liquors in it. You know, five different kinds of liquor. So you can't do a shot and a beer?"
Not in Nebraska. A 12-ounce Long Island Iced Tea would contain approximately 33 percent alcohol by volume, not counting the ice, while a 12-ounce boilermaker, which is a shot of whiskey in a beer, holds about 10 percent alcohol by volume. The Long Island Iced Tea is legal; the boilermaker is not.
"It would take a number of [boilermakers], and you'd get full before you'd have the same effect as from the Long Island Tea," said Dan Crowell, who studies mixology, the art of making mixed drinks. Crowell also works for Sterling Distributing Company, an Omaha-based liquor distributor.
Originally, the ban was meant to deal with the phenomenon known as "needle beer" or "spiked beer," said Rupe, who is also the president of the National Conference of Liquor Administrators. During Prohibition, most Nebraska communities -- like many other towns across the nation -- had a regulation that prohibited consumption of spirits in public, including alcoholic beer. But non-alcoholic beer was legal, leading some people to unlawfully add alcohol to it: Beer bottles were then corked like wine, allowing some to inject liquor into a bottle with a syringe.

Loopholes in Boilermaker Alcohol Ban

Some 70 years later, most Nebraskans still aren't generally aware of the law. At least once a week, Marypat Heineman, a bar manager and bartender at Starlite Lounge, gets a request for a boilermaker or an Irish Car Bomb. Some are just trying their luck, but most don't know better. Her answer is usually a no, but the law has loopholes.
Besides, Rupe himself admits that enforcement of the ban is sporadic if not virtually nonexistent. He says there are no records of citations for violating the ban.
Heineman smiles as she describes the logic around the loophole. No, you can't serve your customers an Irish Car Bomb if they ask you for an Irish Car Bomb. No, you can't serve them separate ingredients of an Irish Car Bomb (Guinness, Jameson Irish whiskey and Baileys Irish Cream) if they just tried to order an Irish Car Bomb. But yes, you can give them the beer and the shots if you technically don't know -- and they don't say -- that those will be mixed together.
"I know that Project Extra Mile thinks that this is a … well-thought-out backdoor scheme," said Nebraska Senator Russ Karpisek, who introduced the current "boilermaker bill" and also was on the committee that considered a similar bill in 2007. "I'm sorry if it's hurting their case. That was not the intent at all."
Many states are caught up in a similar alcopops discussion -- and "all states are always re-evaluating their alcohol laws and looking for changes," said Ronalee Polad, a former Michigan Liquor Control Commission enforcement officer who now tracks alcohol regulations for a program run by the National Hospitality Institute.
A law like the boilermaker ban "made sense when it was introduced a long time ago," Polad said. "But things evolve and business changes, and there are a lot of regulations that haven't kept up with the way business is done and people live their lives."

A Question of Principle

For some of the Starlite Lounge patrons, it was also more of a question of principle.
"I believe in people making their own choices for their own reasons and not have to be told what to do by the government or anybody else," said Kristina Bargen, a 21-year-old agribusiness student from the University of Nebraska-Lincoln.
Susan Horn, 59, a professor from Lincoln, wondered: "If I choose to shoot down two martinis really fast, what is the difference?" Her daughter Taura, a 32-year-old photographer, agreed: "We all have a free choice of what we can and can't drink."
Neither the Horns nor Bargen had heard about the ban on mixing beer and alcohol in Nebraska before. And for Liquor Commissioner Rupe, that may be an achievement in itself. If anything, he said, "at least now people will be aware of the law."
By: Alina Selyukh | ABC News
Lincoln, NE | February 17, 2010
Mississippi one step closer to allowing home brewing
By Sarah Robinson | March 6, 2013
Maybe the next Craft Beer Festival will have some local entries. According to the AP, the Mississippi House has sent a bill to Gov. Bryant that would make home brewing legal in Mississippi.

JACKSON (AP) — The House has sent a bill to Gov. Phil Bryant that would legalize home brewing in Mississippi.

House members voted 70-36 Wednesday to approve Senate Bill 2183, which allows people 21 and older
to brew up to 200 gallons of beer each year, as long as they live in a city or county where alcohol is legal.

The measure exempts home brewers from permits and excise taxes charged by the Department of Revenue. The attorney general had said home-

brewing is legal in Mississippi, but tax authorities had said it didn’t have legal authority to create a permit specifically aimed at home brewers.
The bill says home-brewed beer can’t be sold and can only be taken outside a home when the brewer is taking it to a tasting event or competition.
First Friday Gallery Walk
Offers Beer & Boos
By: Stacy Nick | 10/02/2013
This month, the First Friday Gallery Walk will feature works that go "Boo!"
in the night, tap into Fort Collins' beer culture and celebrate local artists.
Through the month of October, PSA's "Art on Tap" show features art focused on IPAs to porters and all things beer-between. Bold paintings and whimsical scultures celebrate the libations that Fort Collins is known for. Poudre Studio Artists & Galleries, 406 N. College Ave., regular hours are 11a. to 6p. Thursdays and Fridays and 11a to 5p Saturdays. Visit www.pourestudioartists.com for more information.
Tim Preston taps into his more playful side with his latest show, on display through the month of October at Trimble Court Artisans Cooperative, 118 Trimble Court. Regular store hours are 10a to 6p Mondays through Saturdays and 11a to 5p Sundays. Visit www.trimblecourt.com for more information.
"Art on Tap"
"Spooktacular" by ceramic
artist Tim Preston
Beer-delivery drone grounded by FAA
By Heather Kelly, CNN
updated 10:03 AM EST, Mon February 3, 2014 | Filed under: Innovations

't smisje BBBorgoundier ?
Full transcript