Editorial: Proposed beer law would harm local liquor stores

The Kansas legislature will be voting on a new law this month that would allow gas stations and supermarkets to sell regular beer, as opposed to the “cereal malt beverages” that they are now permitted to sell — beer with 3.2 percent alcohol by weight.

This change will do more harm than good, disadvantaging small, locally owned liquor stores while benefiting the large chains that operate most gas stations and grocery stores.

Michael Myers, the owner of Mom & Pop’s Liquor, 19th and Massachusetts, said that the passage of such a law would have a hugely detrimental impact on small, locally owned liquor stores such as his own and could potentially force many of them out of business. He said that under current state law, liquor stores were not permitted to sell mixers, cups, cigarettes — literally nothing but beverages containing alcohol. Gas stations and supermarkets, with their wide selection of complementary products, would be given a markedly unfair advantage.

Specifically, the new law would increase the amount of alcohol allowed in cereal malt beverages from 3.2 percent by weight to 4 percent. Such a change would permit gas stations and supermarkets to sell beer with the same alcohol percentage by volume as liquor stores, and beer companies would no longer have to produce two separate products.

Yet this reclassification could have unforeseen consequences. Marci Francisco, 2nd District State Sen., argued that changing the current definition of a cereal malt beverage would most likely lead small, local liquor stores across the state — in an attempt to preserve their market share — to legally challenge this new definition of cereal malt beverages, which would still be technically “non-intoxicating.” If the case were to reach the Kansas Supreme Court, there is a high likelihood that the justices would determine cereal malt beverages were indeed intoxicating, which is quite obviously the case. The resulting elimination of the current classification would decrease the likelihood that the state would once again allow 18- to 21-year-olds to consume 3.2 beer.

This classification for cereal malt beverages was concocted in the 1930s to circumvent Prohibition, which persisted in Kansas until 1948. Beer with slightly lower levels of alcohol was deemed to be non-intoxicating and therefore was exempted from the ban. And before 1985, Kansas permitted 18- to 21-year-olds to legally consume cereal malt beverages, but prohibited their consumption of other types of alcohol. It was only in 1985, after the federal government threatened to withhold highway matching funds, that the state raised the legal drinking age to 21. Under current Kansas law, however, the age of consumption for cereal malt beverages would automatically return to 18 if the provisions penalizing states were rescinded.

Despite the potential benefits of slightly more intoxicating beer and a better alcohol selection at gas stations and supermarkets, this law should not be passed. It would disadvantage privately owned liquor stores and put in peril the future of many Kansas small businesses, as well as the chance, although slim, that 18 or 19-year-olds would once again be permitted to drink cereal malt beverages.

 

Related articles

New law could allow stores to offer ...

Under proposed Senate Bill 54, shoppers could start to see new items ...

/news/2011/feb/01/proposed-law-could-allow-liquor-and-convenience-st/

Bill may make grocery beer stronger

The bill would allow 4 percent alcohol content in beer from convenience ...

/news/2009/feb/04/beer/

Expanding alcohol sales to retail stores sparks ...

Liquor store owners say House Bill 2532 will hurt small businesses.

/news/2012/feb/19/alcohol-sales/

New liquor bill could hurt some family ...

The bill was presented to the Senate Tuesday and could be voted ...

/news/2011/feb/23/new-liquor-bill-could-hurt-some-family-businesses/

Liquor availability could include retail stores

Retaliers such as Walmart and other grocery stores could be on the ...

/news/2011/feb/09/liquor-availability-could-include-retail-stores/

The University stays alcohol-free

The Provost rejects the proposal to sell beer at Jaybowl.

/news/2008/jul/15/beer/

Liquor laws expand in towns across state

Cities across Kansas amended liquor laws last week. Mulvane will allow sales ...

/news/2007/apr/11/liquor/

/comments/cr/33/9403/#c5326

Underage drinking easy for many students

Sherrif’s office says it will hire more officers to enforce laws at ...

/news/2009/mar/04/cops/

An exception to the alcohol policy

Use of alcohol at athletic events must be related to fundraising.

/news/2009/apr/30/alcohol_policy/

University policy regarding the flow of booze ...

The rules and regulations of serving alcohol on University grounds.

/news/2011/mar/30/university-policy-regarding-flow-booze-campus/

City Commission Recap

Rezoning of the Oread neighborhood, downtown parking and possible demolition of historical ...

/news/2011/apr/20/city-commission-recap/

Editorial: Benefits of proposed alcohol tax outweigh ...

Proposed tax on alcohol would support programs that benefit the mentally ill.

/news/2010/mar/09/benefits-proposed-alcohol-tax-outweigh-costs/

Compliance checks help curb alcohol violations

The Lawrence Police Department has been using random compliance checks in order ...

/news/2008/feb/28/compliance_checks/

Pushin' Booze

The Rock, Paper, Scissors tournament sponsored nationally by Bud Light was more ...

/news/2007/feb/01/pushin_booze/

Kombucha tea pulled from shelves for alcohol ...

Whole Foods has recalled its kombucha stock, but the fermented tea drink ...

/news/2010/jun/29/kombucha-tea-pulled-shelves-alcohol-testing/

Brew-It-Yourself

How to reap the rewards of homemade beer.

/news/2008/aug/21/brewityourself/

Bill could double wholesale alcohol tax

Lawmakers propose increase to alcohol tax in response to state budget cuts

/news/2010/mar/01/double-wholesale-alcohol-tax/

Becoming a brewmeister

/news/2005/sep/08/becoming_brewmeister/

Greening it

How to throw an Earth Day party

/news/2008/apr/17/greening_it/

Excessive and accepted

Lawrence, KU culture may contribute to students' high levels of alcohol consumption.

/news/2009/apr/29/excessive_and_accepted/

/comments/cr/33/9403/#c5320

Lawrence dudes making brews

A new local brewer, Barnyard Brewing, is looking to make its niche ...

/news/2009/apr/16/lawrence_dudes_making_brews/

Proposal is considered to bring beer back ...

Some students and administrators think the propsal could draw more people to ...

/news/2008/feb/11/beer/

Weapons ordinance passed, commissioners doubt its effectiveness

/news/2006/feb/15/guns/

Legislature postpones liquor law enforcement

Business owners have expressed concern about the law, which could increase drink ...

/news/2010/jul/19/legislature-postpones-liquor-law-enforcement/

KSU union beer sales profitable

/news/2005/apr/22/news_campus_beer_sider/

Editorial: Liquor law shouldn't be enforced

An attempt to resurrect a long-ignored Kansas statute regulating the pricing of ...

/news/2010/jul/20/editorial-liquor-law-shouldnt-be-enforced/

Bouncers, waiters get fake ID training

The Lawrence Police Department and the Kansas Division of Alcoholic Beverage Control ...

/news/2007/sep/11/alcohol/

Free State Brewery to expand distribution

Local brewery to begin bottle distribution, on-tap availability in more Kansas and ...

/news/2010/feb/22/free-state-brewery-expand-distribution/

Memory of Jason Wren educates students about ...

The Sigma Alpha Epsilon pledge died of alcohol poisoning in 2009.

/news/2012/apr/22/memory-jason-wren-educates-students-about-alcohol/

Holtz & Mubarak: Drinking culture across the ...

How Spanish and German students get their drink on.

/news/2009/apr/24/holtz_mubarak_drinking/

Buy-ology

Learning about supermarket strategies can help you become a conscious consumer.

/news/2010/apr/29/buy-ology/

Coalition targets fake IDs among students

The New Tradition Coalition created a Facebook ad for fake IDs to ...

/news/2011/mar/10/coalition-targets-fake-ids-among-students/

Underage drinking task force stays focused

Fake ID 101 task force continues its campaign, which included patrols on ...

/news/2011/nov/21/underage-drinking-task-force-stays-focused/

BYOB: Brew Your Own Beer

A look at what it takes to start homebrewing.

/news/2011/nov/17/byob-brew-your-own-beer/

Winemakers celebrate new amendment

Kansas wineries able to sell their product at farmer’s markets under new ...

/news/2009/aug/31/winemakers/

Free State bottles hit shelves in Lawrence

Retailers say they can barely keep the popular microbrews in stock.

/news/2010/jun/08/free_state_bottles/

Montemayor: Fan Cans not the problem

Universities accuse Anheuser-Busch promotion using team colors of causing underage drinking.

/news/2009/aug/31/fan_cans/

Bills in the Kansas Legislature could make ...

Kansas would be the first state to ban the substance.

/news/2010/jan/21/legislature-k2/

Comments

That's one of the classic arguments against lowering the drinking age, and a big reason why many states had different ages for beer and other alcohol. Yet for some reason, the vast majority of countries have legal drinking ages ranging from 16-19 and somehow the wheels don't fall off. I wouldn't exactly carve it in stone that the drinking age won't change either. There's a growing movement propelled largely at the university admistrative level nationally to lower the drinking age. Furthermore, the Federal Minimum Drinking Age Act is up for renewal this year. While its renewal is likely, there should at least be a spirited debate around it. If the federal law does get repealed, I have a feeling the debate would rage on at our state capitol, regardless of how ceareal malt beverages are currently classified.

They allow it in many other states, and somehow the "mom and pop" liquor shops still survive.... Hell, in FL you can buy wine and beer at grocery stores, and in MO you can buy liquor in grocery stores.

The mixer arguement holds no weight, either, as no one mixes stuff with the beer the gas stations would be selling. Mixers go with liquor for the most part.

Petition the state Senate to allow liquor stores to sell mixers either way.

First, just stick to one argument.

I’ll address the drinking age. It’s never going to change, get over it. Besides, how many 18 year olds really have that much trouble getting their hands on alcohol? What happens when we lower the drinking age to 18? Then it becomes that much easier for a 15 year old to obtain alcohol. Can we at least agree that 15 year olds shouldn’t be drinking?

I have never understood the whole age thing. I mean just who is it that decides at what age someone should be permitted to do something? (I think the statutory rape law is stupid.) Does something magical happen when the clock ticks over at midnight and you are no longer seventeen but eighteen? If you read Dickens there is a chapter, David Copperfield, I think, where the ten year boy is headed for boarding school and stops for lunch and a beer. I have read that children who grow up seeing parents drink a glass of wine or beer with dinner and then stop are far less likely to become heavy drinkers than those who are raised to think of it as a "sin" and therefore only drink with the aim of getting drunk. The mom and pop liquor stores can deal with it, as the mom and pop grocery stores have. Let the market place decide.

You are right that other countries have lower drinking ages, and they do alright. I’m betting it’s not as smooth sailing as people like to think using that argument. Our papers just don’t carry the news of young drinking problems in Europe.

Europe also has much more public transportation. Far too many 18 year olds drink and drive irresponsibly. My own unscientific observations suggest my friends, as we have gotten older and wiser to the ripe age of 23, call cabs and walk far more often than we once did. At 16, I wouldn’t (and sometimes didn’t) think twice about drinking and driving.

I agree that it’s hard to draw a line. Everyone is different and some 18 year olds can drink responsibly while some 30 year olds can’t. The simple truth is though that many more 18 year olds are still dealing with hormonal imbalances, still unaware of the dramatic consequences alcohol can have if abused and still not capable of making sound decisions even when not inebriated. These problems are not completely irradiated at 21, but they do occur less often and thus the age protects everyone involved.

This “movement” of college admins wanting the drinking age lowered was nothing more than a chance to get out of liability for underage drinking going on at their universities. It was handily dismissed months ago as rubbish. Trust me, outside colleges and high school cafeterias, no one is clamoring for lowering the drinking age. Politicians know this and thus will never lower it.

Interesting how this has spun off into a drinking age debate... I think it's also noteworthy that the US has some of the lowest legal driving ages anywhere. If I were looking for an answer to the drunk driving problem as a function of age, I would probably look at who is driving vice who is drinking. Don't know if that would fix anything, but I think I'm more comfortable with the idea of a 16 year old drinking than a 16 year old driving. I think a few states have started looking down that road (California I think is one), I doubt the landscape will change much with respect to the drinking age though. Regardless of where the drinking age is, I think we as a society could get a lot more bang for the buck by imposing much stricter penalties (prison time and extreme fines) on convicted drunk drivers, which is a practice much more common overseas. Given the fact that about 70% of drunk drivers in fatal crashes are over 21, I would argue much more work is needed there.

em1, bravo on bringing an alternate solution to the table. I'd have to agree that I'd rather be driving next to a 21 year old and drinking with a 16 year old. Though if 16 year olds were hanging out in the bar I frequent, I'd probably stop frequenting.

Biggest problem I see is that European countries can get away with the higher driving age because of better public transportation. The birth rate in the U.S. is also higher than in Europe. Families with multiple children rely on older siblings’ ability to drive younger ones to soccer practice and debate competitions. We are just a driving nation.

As for 70% of fatal drunk driving accidents involving victims 21 and older, that stat is misleading. There are far, far more people older than 21 to be drinking and driving than there are younger than 21. In fact, that statistic almost argues the opposite point. That’s saying roughly all the people 16-20 account for 30 percent of deaths while everyone 21-death account for 70 percent. It seems like the numbers should be skewed far more toward the second demographic than just 70 percent.

Sign in to comment