THE VOICE OF AMERICA’S BEER, WINE & SPIRITS RETAILERS ABL Insider A PUBLICATION OF THE AMERICAN BEVERAGE LICENSEES | VOL. 6, NO. 3 | FALL 12 Celebrating Ten Years Business and Product Education, Industry Perspectives and More from the 2012 ABL Convention pages 8-11 Safety and Texas Package Special Report: Security Stores Washington’s Practices for On- Association Rocky Road to Premise Sales Trade Show Privatization page 2 page 4 page 14 ABL INSIDER | FALL 12 | 1 A PUBLICATIONABL OF THE AMERICAN BEVERAGEInsider LICENSEES | VOL. 6, NO. 3 | FALL 12 a word before Published by: Safety and Security Practices American Beverage Protecting your business (and yourself) from civil liability due to alcohol over-service Licensees (ABL) 5101 River Rd, Editor’s Note: The Responsible Retailing Forum (RRForum) and a customer who becomes intoxicated or arrives at the Suite 108 the National Alcohol Beverage Control Association (NABCA) establishment already impaired. The plan should include Bethesda, MD 20816 worked with licensee associations, industry partners, and clear instructions that clarify when staff should involve their (301) 656-1494 training providers to produce Responsible Retailing Practices manager and when law enforcement should be contacted. www.ablusa.org for On-Premises Alcohol Serving Establishments, a report that examines the challenges faced by serving establishments Incidents are recorded in a log book. Recording editor ROSANNE FERRUGGIA and reviews basic principles of responsible retailing. This information about unusual incidents can help prove that article summarizes the report’s section on safety and security an establishment is making a reasonable effort to practice (c) 2012 American practices to prevent alcohol over-service. responsible retailing, should it become necessary to Beverage Licensees. supply such evidence. Incident logs also provide owners All rights reserved. Licensed beverage establishments play an important role with valuable information about their business operations The contents of this publication may not in their community’s social and economic life, but also face and practices, which can be used to make improvements be reproduced by any several challenges due to the unique nature of alcohol and and head off potential future problems. A log should be its effects on the human body. One of those challenges means, in whole or in maintained for several years, consistent with State dram part, without the prior is potential civil liability resulting from a customer being shop or tort law/civil responsibility laws. written consent of the over-served. This is one of many reasons why owners and publisher. managers of on-premise establishments should make Seek assistance from law enforcement. Many licensees responsible retailing a top priority. struggle with whether they should ask law enforcement executive director officials to help them develop plans for dealing with JOHN BODNOVICH There are times when a customer doesn’t “know when problematic customers. Whether or not a customer who has to say when” and a bartender, server, or manager must over-consumed has been over-served, many licensees may director, trade relations & operations intervene. It isn’t always easy, and there are pressures on fear that their request for assistance may be treated as an SUSAN DAY DUFFY staff—including financial pressures—that might make them incident report that can be held against them in the future. hesitate to do what’s right. Despite those pressures, if clear In fact, alcohol law enforcement officials indicate that they manager, policies, proper training, and management support are in would strongly prefer that licensees seek their help when communications & public relations place, staff will act in everyone’s interest—including their developing policies to prevent unlawful sales to underage ROSANNE FERRUGGIA own—and refuse alcohol service to customers who are (or or intoxicated customers and to handle customers who might become) intoxicated. have over-consumed. Our new report, Responsible Retailing Practices for On- To learn more about effective practices to prevent over- Premises Alcohol Serving Establishments, describes the service, plus other responsible retailing practices, please safety and security practices that are commonly used by visit www.rrforum.org and click on the link for Responsible responsible retailers to avoid alcohol over-service Retailing Practices for On-Premises Alcohol Serving Establishments. If you have any ideas, comments, or Staff members are trained. One of the keys to responsible examples related to responsible retailing, please send them retailing is to make sure that all staff are properly trained to [email protected]. to handle an intoxicated customer. Server training provides workers with knowledge of state alcohol laws and the Responsible Retailing Forum (RRF) licensee’s policies for ensuring compliance with those laws, Established in 2003, the Responsible Retailing Forum (RRForum) but also teaches the skills they need to engage customers is a tax-exempt, 501(c)3 organization that brings together public in a non-confrontational manner. Managers can reinforce and private stakeholders—regulatory and enforcement agencies; this training by their own example. attorneys general; public health agencies and advocates; retailers and their associations; distributors and producers; and A security plan is in place. By developing and enforcing researchers—in order to identify and promulgate best practices policies for handling intoxicated customers, beverage for preventing unlawful sales of age-restricted products, and to licensees can make great progress in avoiding over-service. examine the impact of responsible retailing policies from the diverse perspectives of these various stakeholders. To learn more Even so, they also need to have a plan in place to handle about the RRForum, visit www.rrforum.org. contents 3 5 7 12 15 where we stand dc update from the industry op-ed affiliate update In the Spirit of the (Election) Congress Passes Transportation Death and Taxes Clamping Down on Keg Theft calendar Bill, Limited Changes to Alcohol- BY CRAIG WOLF BY JOE MCCLAIN Season President & CEO, Wine and Spirits Related Policy; Tax Issues at the President, Beer Institute BY CHUCK FERRAR Wholesalers of America ABL President Forefront 16 13 associate members op-ed affiliate members On “Alcophobes” 4 6 8-11 BY GUY L. SMITH from the office from the industry convention special Executive Vice President, Diageo North Avoiding a Plunge Off the “Fiscal America Innovative Products & Brands Events and photos from the Cliff” Dominate Sold-Out Texas 2012 ABL Convention Package Stores Association BY CRAIG PURSER President / CEO, National Beer Trade Show Wholesalers Association 14 BY JOHN BODNOVICH special report ABL Executive Director Washington’s Rocky Road to Privatization 2 | ABL INSIDER | FALL 12 BY CHUCK FERRAR, PRESIDENT where we stand American BEVERAGE LICENSEES In the Spirit of the (Election) Season The past few months in our nation’s capital have seen some important trying to earn your vote. Talk to these candidates, developments for independent beverage find out their histories and their interests, and let retailers. them know what is important to you as a member of their community. Some issues that you might With the surface transportation bill – commonly want to discuss: referred to as the “highway bill” – containing language addressing drunk driving policy and - Protect family-owned businesses by safety research; votes on the estate tax rate renewing maintaining the current estate tax as well as the extension of all the Bush-era tax rates. Learn more about the issue from the cuts; and the ongoing chess match between the Family Business Estate Tax Coalition at merchants and the banking/credit card industry www.estatetaxrelief.org. over “swipe fees”, this summer has reminded us that our Senators and Representatives wield an - Support small businesses that pay billions enormous amount of power over our businesses of dollars to banks through hidden swipe fees. and our bottom lines. Greater transparency of the swipe fee process is needed for merchants and consumers. But the beginning “Building a relationship of August brings a - Work with beverage retailers who are quiet to the halls committed to responsible retailing by of the Capitol, as opposing unfunded mandates that detract with your local council our members of from successful policy initiatives campaigns. Congress return Let’s build on the successes of the past twenty to their districts years to increase the decline of drunk driving members, mayor, and to reconnect with and underage access to alcohol. voters. From the state representatives beginning of August Just keep it personally relevant, keep it local, and through September always keep it polite. Grassroots advocacy is a long- 7, all Congressional term relationship, and one that requires consistent is an investment in the Members will maintenance. And likes one’s reputation, it takes be in their home years to build and just seconds to destroy. future.” states and districts for an extended While you’re out there, getting to know your current Constituent Work Period. and/or future Congressional representatives, take a look around the room for your local elected The Senate and House Representatives will likely officials, as well. As we all know, some of our return in September to address some must-pass fiercest battles are fought in state government legislation to keep the government running, but and even in City Hall. Building a relationship with little else is anticipated before they once again your local council members, mayor, and state head back to home to campaign. In an election representatives is an investment in the future. year, especially a Presidential election year such as Not only do these officials serve you now, but they this one, this is a particularly important chance to might go on to serve you for many years, in many make outreach to those serving our communities positions. at the federal level. The importance of the influence of the small I encourage you to take business, beverage licensee on public policy this opportunity to build and government cannot be understated.