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NABCA Daily News Update (1/23/2019) 2 Control State News January 23, 2019 WV: West Virginia high schools awarded $8,500 Students SAVE THE DATE compete in a contest to prevent underage drinking March 17-19, 2019 License State News 26th Annual Symposium on Alcohol Beverage Law and Regulation CO: The first bill Colorado Gov. Jared Polis will sign is worth Registration is open for NABCA’s 2019 Legal Symposium. a celebratory beer. For program details, travel information and to register online, please click here. HI: New proposal seeks to increase punishments for drunk drivers NABCA HIGHLIGHTS International News The Public Health Considerations of Fetal Canada: P.E.I. to remove personal exemption limits for Alcohol Spectrum Disorders (White Paper) interprovincial alcohol Native American Nations & State Alcohol Policies: An Analysis (White Paper) Public Health News Alcohol Technology in the World of Tomorrow Overeating And Alcohol Use As Different Coping Strategies - (White Paper) Against Negative Emotions In Female University Students The Control State Agency Info Sheets. Please view website for more information. Alcohol-Linked Disease Overtakes Hep C As Top Reason For NABCA Survey Database (members only) Liver Transplant Upcoming NABCA Meetings Consumption of marijuana edibles rises amidst scarce Statistical Data Reports research into their health impact www.NABCA.org Industry News Obstacles Emerging Wine Regions Must Overcome Education News The Bond Project: Creating a safer drinking environment Daily News Status of Small Alcohol Suppliers: Still Growing with Bright Spots and Bumps Budget 2019: Why alcohol is likely to get more expensive soon CBS rejects Super Bowl ad for medical marijuana company NABCA Daily News Update (1/23/2019) 2 CONTROL STATE NEWS WV: West Virginia high schools awarded $8,500 Students compete in a contest to prevent underage drinking News Release January 22, 2019 Charleston, W.Va. – The West Virginia Alcohol Beverage Control Administration (WVABCA) is pleased to announce the winners of the 6th annual NO School Spirits Public Service Announcement (PSA) contest. • 1st Place-$5,000.00 to Tolsia High School in Wayne County • 2nd Place-$2,500.00 to Berkeley Springs High School in Morgan County • 3rd Place-$1,000.00 to Webster County High School Middle and high school students from across the state submitted a video entry to the WVABCA that addressed underage drinking or drinking and driving. Over 150 students took part in this year’s contest. The first-place winning video will be developed into a television and radio PSA. A grant for $10,000.00 from the National Alcohol Beverage Control Association (NABCA) will allow the PSA to run across the state during prom and gradation season. The winning prize money is provided by State Farm and must be used for a school sanctioned event or school materials. WVABCA Commissioner Fred Wooton said, “Involving our youth in an educational program to address underage drinking can be an effective way to save lives. Our grant sponsors, State Farm and NABCA, allow the WVABCA to deliver this program and reach more students every year.” Contact: Gig Robinson 304.356.5506 – office 304.541.0788 – cell [email protected] LICENSE STATE NEWS CO: The first bill Colorado Gov. Jared Polis will sign is worth a celebratory beer. Colorado Sun By Jesse Paul, Staffwriter January 23, 2019 The measure — which is expected to get final legislative approval Wednesday — is intended to fix a problem with the law that allowed the sale of full-strength beer in grocery and convenience stores starting Jan. 1. The state’s Liquor Enforcement Division agreed to waive enforcement of the current law to give Colorado lawmakers time to address the problems regarding how beer is made, stored and delivered. “We have a waiver from liquor enforcement until Feb. 1, so we do have to get it down to the governor’s desk,” said House Democratic leader Alec Garnett, a bill sponsor. “And I do believe it will be the first bill that Gov. Polis signs into law.” Colorado lawmakers approved far-reaching legislation in 2016 — and a related bill in 2018 — that expanded full- strength beer sales to grocery and convenience stores. It represented the largest change to the state’s alcohol laws since Prohibition. Prior to Jan. 1, only liquor stores could sell full-strength beer — grocers were limited to 3.2 beer, those brands with 4 percent alcohol by volume or less. NABCA Daily News Update (1/23/2019) 3 But the law didn’t remove the dual licensing rules. So, unless it is changed, brewers would need to segregate a batch of beer headed to grocery and convenience stores from the batches destined for sale at liquor stores. Likewise, a distributor would need to store the beer intended for the two different retail outlets in different spaces at the warehouse — and deliver them separately, too. “Even though it’s under one roof, it would still require (one) on one side and full-strength on this other side — even though you can’t tell the difference,” said Steve Findley, the president of the Colorado Beer Distributors Association, as he toured the Elite Brands of Colorado Warehouse earlier this week. Under Senate Bill 11, the state would consolidate the licenses for beer makers, distributors and importers to eliminate the conflicting rules in existing law. Without it, brewers and distributors said they would need to add production equipment and storage space, making the new law untenable. “That’s what happens when you have three days left in the session and you try to jam through something as complex as the liquor laws that haven’t been touched since Prohibition. Stuff falls through the cracks,” said Mike Pfalmer, the president of RMC Distributing in Colorado Springs. The legislation received unanimous approval in the state Senate and a similar result is expected Wednesday in the House. The governor is expected to sign the measure. HI: New proposal seeks to increase punishments for drunk drivers KHON 2 By Kimberlee Speakman January 22, 2019 HONOLULU (KHON2) - Representative Chris Lee is proposing harsher punishments for people convicted with Driving Under the Influence (DUI) or who have had their licenses revoked by the Administrative Driver's License Revocation Office for drunk driving. The new proposal would make it illegal for those convicted to buy or drink alcohol for three years. "I talked with a bunch of folks who have had DUIs who have driven drunk in the past. Often just taking away a license or paying a fine isn't enough of a deterrent," said Rep. Chris Lee, who represents Kailua and Waimanalo. "So what we're looking at doing, is for any drunk driving conviction, prohibiting people from going out in public and publicly purchasing alcohol or drinking, to prevent them from actually being in a position where they would be able to drive home drunk again," said Lee. As for enforcing the proposal, licenses will have a special mark alerting retailers to not sell alcohol to the person holding the license. "Creating a designation on a license for example is an easy way to make sure that people are identified when they try to use that identification to buy alcohol. Because that's something that's checked anytime someone wants to buy a drink," said Lee. But attorney David Fanelli says the current proposal has many problems that could cause legal issues in the future. "It's criminalizing a conviction in a sense that it's making it then criminal to consume liquor in public. This raises a host of constitutional issues with the commerce clause," said David Fanelli, an attorney. "Another issue that arises is an invasion of privacy issue where you have to show your ID, and it's going to say 'liquor restricted' on there. There's any number of places where you'd need to show your ID that have nothing to do with purchasing alcohol," said Fanelli. He says even the enforcement would be difficult because it requires help from workers. "People who have liquor licenses are now to police these people the same way they police these people under 21, and it'll be a misdemeanor if they violate it," said Fanelli. NABCA Daily News Update (1/23/2019) 4 As for the specifics of whether the new proposal will make the designation after the first or additional DUIs, Representative Lee says that's still something to discuss in future meetings. You can read the full proposal here. INTERNATIONAL NEWS Canada: P.E.I. to remove personal exemption limits for interprovincial alcohol The Chronicle Herald January 22, 2019 CHARLOTTETOWN, P.E.I. - P.E.I. is removing personal exemption limits for alcohol in an effort to further break down barriers of trade within Canada. The change, which will allow individuals within Canada to transport any quantity of alcohol into the province for personal use, will be made during the spring sitting of the provincial legislature. Several other provinces have announced they will also remove limits, which will allow provinces easier access to other markets. Finance Minister Heath MacDonald said the province is pleased to join other provinces and territories in eliminating personal trade barriers for alcohol. “This change will contribute to our province’s economic growth, increase consumer choice and will be yet another chance for Island products to be featured and enjoyed throughout new markets across the country.” Currently on the Island the personal exemption limits are nine litres of wine (or a standard case); three litres of spirits; and 24.6 litres of beer (or three standard cases of 24). During the Council of the Federation meeting last summer, Canadian premiers discussed breaking down barriers to trade within Canada. An Alcoholic Beverages Working Group was developed to further explore options and their recommendations included a proposal to increase or remove personal limits on transport of alcohol into jurisdictions.
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