Center for Alcohol Policy Study Explains How Regulations Prevent Counterfeit Alcohol in the U.S.

ALEXANDRIA, Va. – Recent news reports indicate that several tourists and families traveling to all-inclusive resorts in Mexico suspect they were given tainted alcohol, which in some cases resulted in death. The reports underscore a stark contrast between alcohol regulation in Mexico and the United States, where state-based alcohol regulation and a three-tiered system of distribution provides a clear chain of custody and guards against tainted alcohol products reaching consumers.

The Milwaukee Journal Sentinel pointed to a 2015 report from Mexico’s Tax Administration Service, which found that 43 percent of all the alcohol consumed in the nation is illegal, produced under unregulated circumstances resulting in potentially dangerous concoctions. The paper reported, “The national health authority in Mexico has seized more than 1.4 million gallons of adulterated alcohol since 2010 — not just from small local establishments, but from hotels and other entertainment areas, according to a 2017 report by the country’s Federal Commission for Protection against Health Risks.”

A report by former Chief Counsel for the United States Alcohol and Tobacco Tax and Trade Bureau Robert M. Tobiassen, “The ‘Fake Alcohol’ Situation in the United States: The Impact of Culture, Market Economics, and the Current Regulatory Systems,” explains why there are few incidents of fake alcohol products in the United States. The study describes “strong regulatory systems that police the production, importation, distribution and retail sales of alcohol beverages through independent parties” and the country’s “competitive marketplace that provides alcohol beverages at all price points.”

Center for Alcohol Policy Executive Director Michael Lashbrook said, “The state-based system of alcohol regulation implement in the United States following passage of the 21^st Amendment has been extremely effective at supporting a competitive marketplace while at the same time promoting public safety. America does not experience large problems with bootlegging, counterfeit products or a black market, which were common during national Prohibition and have proven deadly in other parts of the world that lack an effective regulatory system for alcohol.”

Visit the Center for Alcohol Policy website to read the full report on counterfeit alcohol and watch a video about the origin of America’s state-based alcohol regulatory system.

A wide range of experts will come together to discuss current alcohol laws and challenges at the Center for Alcohol Policy’s 10^th Annual Alcohol Law and Policy Conference, taking place September 6-8, 2017, in Chicago.

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The Center for Alcohol Policy is a 501 (c)(3) organization whose mission is to educate policymakers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

New Video Highlights Policy Discussion Including Wide Range of Experts

ALEXANDRIA, VA – The Center for Alcohol Policy has unveiled a new video highlighting discussion and debate during the Pennsylvania Alcohol Policy Forum, held on March 22. The event, which took place in Harrisburg, Pennsylvania, brought together more than 70 alcohol regulators, state lawmakers, legislative staff, public health representatives and industry members.

Panel discussions focused on how alcohol regulations work to foster public health and safety as well as why a level playing field is essential for an orderly and competitive marketplace. The current economic impact of the alcohol industry on the commonwealth of Pennsylvania also was addressed, as well as the history of the commonwealth’s alcohol control policies.

“I think that education is the key… to maintaining the integrity of the alcoholic beverage industry in America going forward,” said Jessica Starns, former executive counsel for the Louisiana Office of Alcohol and Tobacco Control and alcohol law attorney. Starns served as a panelist at the Pennsylvania Alcohol Policy Forum in the session, “Threats to State-based Alcohol Regulation.”

Starns also discussed her new report, “The Dangers of Common Ownership in an Uncommon Industry: Alcohol Policy in America and the Timeless Relevance of Tied-House Restrictions,” which examines the history and purpose of tied-house prohibitions found in federal and state alcohol laws. Additionally, the report explains how these prohibitions are as relevant today as when enacted following the repeal of Prohibition.

Neal Insley, senior vice president and general counsel at the National Alcohol Beverage Control Association, spoke on a panel that explored the rationale for the industry’s modern-day system of state-based alcohol regulation, focusing on Pennsylvania’s control model and three-tier system. The history of alcohol control policies and the public health and economic benefits seen today in the commonwealth also were discussed.

“Now, I have a challenge for you,” Insley said to the audience. “Next time you go shopping, try to find a craft candy bar or craft soda – you just won’t find them. Now, try to find a craft alcohol beverage, and I bet you will have much more success. That is because of the unique alcohol regulatory laws’ ability to foster competition and support a level playing field.”

A panel discussing trade practice regulations delved into the purpose and benefits of the regulations and detailed those present in the commonwealth. Threats to state-based alcohol regulation also were discussed at the forum by looking at recent developments, legal questions and the possible economic impacts of changing the current regulatory system.

The Center for Alcohol Policy regularly hosts conferences that bring together a wide range of experts in the field of alcohol law. The Center will host its 10^th Annual Alcohol Law and Policy Conference September 6 – 8, 2017, in Chicago. Each year, the event includes attorneys, alcohol regulators, academic leaders, public health advocates and other experts who discuss and debate current alcohol laws and challenges. Additional details are available on the Center’s website.

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The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policymakers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, VA – A new report released by the Center for Alcohol Policy examines the history and purpose of tied-house prohibitions found in federal and state alcohol laws and explains how these prohibitions are as relevant today as when enacted following the repeal of Prohibition. The report, “The Dangers of Common Ownership in an Uncommon Industry: Alcohol Policy in America and the Timeless Relevance of Tied-House Restrictions,” was authored by former executive counsel for the Louisiana Office of Alcohol and Tobacco Control and alcohol law attorney Jessica C. Starns.

The report explores the history of tied-house laws and the abuses of pre-Prohibition alcohol commerce that served as the catalyst for their adoption, as well as the orderly and competitive marketplace they helped create post-Prohibition. The report also investigates the marketplace dynamics that make these laws as essential today as they were in 1933. Starns explains that recent alcohol policy debates have “disregarded the facts that the centuries old problems related to alcoholic beverages have not dissipated, and the well settled goal of the business firm to maximize profits remains key.”

Patrick Lynch, Center for Alcohol Policy advisor and former Rhode Island attorney general, said, “This report on the dangers of common ownership serves as an important reminder of the need for these laws and will be a valuable resource for those faced with questions about or challenges to tied-house and trade practice policies. These laws have a timeless relevance that is well documented in the Starns report.”

Tied-house prohibitions are laws and regulations that prevent a licensee in one tier of the alcohol beverage industry from having common ownership or financial ties to a licensee in another tier. (Suppliers and brewers are first-tier participants; distributors are second-tier participants; and retailers are third-tier participants in the three-tier system.) These measures, designed to prevent vertical integration in the alcohol beverage industry, are further supported by trade practice regulations that seek to limit other forms of influence that licensees of one tier can exert over licensees of another tier. These laws vary from state to state, as well as between the state and federal levels.

The report illustrates the conflict between the marketplace and public health issues America faced with alcohol pre-Prohibition, how alcohol control policies were formed by the states following Prohibition, and how the current alcohol regulatory system has worked to maintain a vibrant alcohol marketplace while at the same time addressing public health concerns. Starns explains, “The alcoholic beverage control system and its emphasis on restricting vertical integration within the industry is more relevant today than ever before and critical to ensuring the continuation of a healthy and prosperous marketplace while thwarting a recurrence of the conditions that once led to Prohibition.”

The report concludes, “Because of the trade-practice regulations: large, powerful corporations are not able to dominate the marketplace; consumers have a wide array of products to choose from; large and small suppliers are equally able to get their products to the market; retailers are free to determine what products they will stock and how they will place them and small retailers can compete with their larger counterparts; and, the states can mitigate the public health and safety dangers that afflicted the pre-Prohibition saloon by preventing communities from being inundated with cheap alcohol.”

The report was funded by a grant from the Center for Alcohol Policy and will be distributed to policymakers and alcohol regulators throughout the United States. The report also is available on the Center’s website.

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The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policymakers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, Va. – The Center for Alcohol Policy is pleased to announce that Anna Brawley, a senior associate at Agnew::Beck Consulting, is the winner of its Ninth Annual Essay Contest. The national essay contest is intended to foster debate, analysis and examination of state alcohol regulation.

The 2016 essay contest addressed the question:

The 21^st Amendment repealed Prohibition and put control over alcohol regulation directly in the hands of the states. Though each state’s alcohol control policies are unique, they all include distinct regulations for different types of alcohol. Why are various types of alcohol regulated in different ways? Should they be?

Center for Alcohol Policy Advisory Council member and Samford University Cumberland School of Law Professor Brannon Denning said, “We can learn a lot from our nation’s history with alcohol, especially looking at the societal problems that led to national Prohibition and the public policy initiatives that were put in place following the passage of the 21^st Amendment, which repealed Prohibition and began today’s system of state-based alcohol regulation.”

Brawley’s winning essay, “Deconstructing the Drink Menu: A History of Alcoholic Beverages and Proposed Policy Framework,” outlines what is and should be considered when developing sound alcohol beverage control policies. “It remains true that distilled spirits, per ounce, are the most potent choice, and limiting access to these products relative to other, less-potent options is sound policy. It is equally true, however, that the goals of reducing overconsumption, preventing youth access, and reducing the harmful consequences of consumption can only be met through thoughtful regulation of all alcoholic beverages,” Brawley’s essay states.

Brawley concludes, “Legislation and policies with such broad reach and cumulative significance for the general public, business interests in the alcohol industry, local governments and enforcement professionals, and other impacted groups must be designed with minimal burden and therefore maximum chance of compliance. A policy framework differentiating between different types of alcohol should therefore meet the following criteria: to be rational, equitable and practical.”

Rebecca Strazds, a commercial banker specializing in beverage finance, was awarded second place for her essay, “Localities, Licenses, and Loopholes: An Analysis of Variances in Alcohol Regulation and their Continued Effectiveness in Modern Industry,” which explains the modern-day benefits of alcohol control policies in light of the issues leading up to Prohibition. Strazds’ essay concludes, “The evidence is clear: alcohol should continue to be regulated the way it is today, both with regards to localization and category discretion.”

The winning entrants received prizes of $2,500, $1,250 and $500 respectively.

To read the winning essays, please visit www.centerforalcoholpolicy.org/essay-contest.

Photo Downloads:

Anna Brawley – First Place

Rebecca Strazds – Second Place

David King – Third Place

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The Center for Alcohol Policy is a 501 c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Educational Resources Highlight 21^st Amendment as Origin of America’s State-Based Regulatory System

ALEXANDRIA, VA – This Constitution Day, celebrated annually on September 17, the Center for Alcohol Policy is highlighting its educational resources that explain the 21^st Amendment’s role in establishing America’s state-based regulatory system.

The Center for Alcohol Policy video The Origins of America’s State-Based Regulatory System illustrates the origin of today’s alcohol regulatory system, which works to balance alcohol control with an orderly and competitive marketplace.

The video features Center for Alcohol Policy advisors Brannon Denning, professor at Samford University’s Cumberland School of Law, and Jerry Oliver, Sr., former Arizona alcohol regulator and chief of police for Detroit, Richmond and Pasadena.

“The 21^st Amendment was important because not only did it repeal Prohibition but it also returned control over alcohol policy where it belongs, to state and local governments who can determine what kinds of policies serve the needs of their citizens best,” Denning said.

The video describes the Center’s republication of the book Toward Liquor Control, which outlined how states should regulate the sale and serving of alcohol following the repeal of Prohibition, and how the book is still helping shape policy today.

“It gives the tenets for why alcohol should be controlled at the local level, why states and local jurisdiction are to have the final say as to how alcohol is accessed and how it’s distributed,” said Oliver.

“It’s clear that what’s acceptable in Nevada isn’t necessarily acceptable in Utah,” added Denning. “The 21^st Amendment and the flexibility of state-based regulation allows those local differences to be taken into account.”

Another educational resource that explains the 21^st Amendment’s role in establishing America’s state-based alcohol regulatory system and offers tips for those charged with enforcing state laws today is the brief guide, “Alcohol Beverage Control: The Basics for New State Alcohol Regulators,” written by former alcohol regulator Roger B. Johnson, a 38-year veteran of the Alcohol & Tobacco Enforcement Unit of the Wisconsin Department of Revenue, and published by the Center.

The Center also supported the development of a “Toast the Constitution!” lesson plan. Through a partnership with the Bill of Rights Institute, this resource helps educators teach students about the origins of the 18^th Amendment, the individuals and groups who fought for and against Prohibition, and the events that led to its repeal with the passage of the 21^st Amendment.

To learn more about the Center for Alcohol Policy and its programs, please visit www.centerforalcholpolicy.org.

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The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation.  By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption.  For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Underage Drinking, Prevention Efforts and Trade Practices Also Highlighted

 DALLAS, TX – Enforcement of alcohol regulations and policies was a recurring theme during the Center for Alcohol Policy’s Ninth Annual Law and Policy Conference held at the Renaissance Dallas Hotel August 28 – 30 in Dallas, Texas. The conference brought together a diverse group of state and federal alcohol regulators, law enforcement, legislators, public health advocates and alcohol beverage industry representatives to review trends in the field of alcohol regulation and learn from best practices around the country.

Jim Hall, Center for Alcohol Policy advisor and former National Transportation Safety Board chairman, welcomed attendees and summarized the objectives of the conference saying, “Look around the room. There are regulators, legislators, federal health officials, public health interest groups, trade groups, law enforcement and industry members. We may not always agree on policy, but the fact that we are all under one roof having a civil debate is an accomplishment not only for the Center for Alcohol Policy but also for your leadership in your respective fields.”

The conference began with a presentation by staff of the Substance Abuse and Mental Health Services Administration (SAMHSA), the lead federal agency charged with coordinating the federal response to underage drinking. SAMHSA Chief of Staff Tom Coderre and Public Health Analyst Rob Vincent reviewed data, trends and prevention strategies to address this important public health priority. While progress has been made in this fight, especially with regard to episodic drinking by 12-17 year olds, the SAMHSA officials pointed out that progress seems to have stalled with the 18-20 age group.

During the question and answer portion of the session “Legislators and Regulators Working Together,” Jerry Oliver, a member of the Center’s Advisory Council and former regulator and chief of police, made a passionate plea to a panel of state regulators and legislators to provide the resources to properly staff and enforce the licensing and trade practice regulations that are so important to protect public safety. Oliver cited the past trends of budget cuts and staff reductions in alcohol regulatory agencies that have created a situation where a mere handful of alcohol enforcement agents are responsible for overseeing an entire state area and tens of thousands of licensees.

During the session “Trade Practices in the Headlines,” Shawn Walker, deputy chief for the Bureau of Law Enforcement of the Virginia Department of Alcohol Beverage Control, reviewed his agency’s recent efforts to increase trade practice enforcement in their state. Rather than a few well-publicized stings for those breaking trade practice rules, the Virginia initiative starts with an educational effort with all three tiers of the industry to review the market practice rules and notify the industry that the agency’s special investigations unit will soon begin a much more aggressive approach to enforcement of these important regulations. The goal is to achieve voluntary compliance through education.

The session “The Need for Greater Expertise in Alcohol Litigation” provided an annual update on alcohol litigation. Other important topics covered at the conference included intellectual property and alcohol law, international trade and alcohol and issues in private label alcohol.

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 The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Sherry Cook, Executive Director of the Texas Alcoholic Beverage Commission, Receives Leadership in Alcohol Regulation Award

DALLAS, TX – The Center for Alcohol Policy is pleased to announce that Sherry Cook, executive director of the Texas Alcoholic Beverage Commission (TABC), is the recipient of the Fourth Annual Leadership in Alcohol Regulation Award.

The award, which recognizes a specific program, agency or person who oversees the alcohol industry and promotes public safety, was presented by the Center’s Advisory Council at the Ninth Annual Alcohol Law and Policy Conference, taking place at the Dallas Renaissance Hotel in Dallas, Texas.

“The Center for Alcohol Policy appreciates that alcohol regulators are the front lines of many initiatives in the states aimed at keeping the alcohol industry properly regulated, promoting public health and safety and supporting a competitive business marketplace,” said Jerry Oliver, a Center Advisory Council member who has served as alcohol regulator in Arizona and as police chief in Pasadena, Richmond and Detroit. “This award highlights effective best practices that may serve as examples to alcohol regulators in other states.”

“One of the most impressive facets of Sherry Cook’s work is her tireless dedication to improve the state standard for liquor regulation by spearheading innovative programs and initiatives aimed at protecting the public and increasing the efficiency and effectiveness of the commission,” continued Oliver. “Since Director Cook joined the commission in 2006, she has made giant strides to modernize TABC’s business practices and initiated programs that focus on education and training.”

Director Cook oversees an agency with more than 600 employees, a biennial budget of more than $95 million, $200 million in annual revenue collections and a licensing system covering 73 different types of licenses among more than 50,000 licensed businesses in Texas. She has worked tirelessly to modernize the efficiency and operations of the TABC as well as the inter-office coordination for a large and diverse state. As an example of Cook’s commitment to improving the agency, she has implemented a statewide reorganization of the agency’s leadership structure. The reorganization better distributes the agency’s manpower and resources in line with the demands of evolving public safety concerns, increases in the state’s population and a growing alcoholic beverage industry.

Director Cook has made public education a key focus of the TABC and has recognized that the public needs to have more facts about alcohol and its potential for misuse. Under her leadership, the Texas ABC implemented 2Young2Drink, a web-based education program aimed at school-aged students and their parents, which highlights the dangers of underage consumption of alcoholic beverages.

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Photo Download: Award Recipient and Center for Alcohol Policy Advisors

(L to R): Center for Alcohol Policy Advisors Jim Hall and Jerry Oliver; Texas Alcoholic Beverage Commission Executive Director Sherry Cook; Center Advisors Brannon Denning and Patrick Lynch

Read biographical details for the Center for Alcohol Policy Advisory Council members.

The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, VA – The Center for Alcohol Policy is pleased to announce that Roni Elias, a recent graduate of Florida A&M University College of Law, is the winner of its Eighth Annual Essay Contest. The national essay contest is intended to foster debate, analysis and examination of state alcohol regulation.

Last year marked the 10^th anniversary of the Supreme Court’s Granholm decision, which ruled against two states’ laws that discriminated against out-of-state alcohol producers but also affirmed, “The three-tier system is unquestionably legitimate.” Contest entrants were asked to explore how this “unquestionably legitimate” system has fostered competition, increased new products available to consumers and worked to protect consumers and the public.

“This year’s essay gave participants from across the country the opportunity to examine the impact of the 2005 Granholm decision on today’s state-based alcohol system,” said Brannon Denning, a member of the Center’s Advisory Council and associate dean and professor of law at Samford University Cumberland School of Law.

Elias’ winning essay, “Three Cheers for Three Tiers: Why the Three-Tier System Maintains Its Legal Validity and Social Benefits After Granholm,” outlines the regulatory and economic advantages of the three-tier system and how threats to the system could erode those benefits that suppliers, wholesalers, retailers and consumers receive.

“[A]s Americans have long recognized, alcohol cannot be sold in the same way as any other commodity… changing the operation of the three-tier system should not, therefore, be taken lightly,” Elias’ essay states.

Elias concludes, “Although the Supreme Court’s decision in Granholm might have seemed to offer a chance for a dramatic expansion of direct shipment and a transformation of the regulatory scheme for selling alcohol, a careful reading of that decision, along with subsequent judicial rulings have made it clear that the three-tier system is still consistent with the constitutional order.”

Gurney Pearsall, a student at the University of Colorado Law School, was awarded second place for his essay, “When Wine Enters, Sense Leaves: A Case For Why the Three-Tier System’s Regulations Stir Competition, Boost Diversity and Protect Consumers,” which compares aspects of the current U.S. alcohol regulatory system to that of European alcohol regulatory models to highlight the benefits of a state-based, three-tiered system.

Pearsall’s essay states, “In Granholm v. Heald, the U.S. Supreme Court described the nearly century-old three-tier system as ‘unquestionably legitimate.’ As such, the Twenty-First Amendment will likely continue governing the three-tier system for the foreseeable future.”

Pearsall concludes, “The three-tier system is a uniquely American enterprise, and it continues to set the standard for other nations that are struggling to walk the fine line between dangerously under-regulating their alcohol market, on the one hand, and counter-productively overregulating their alcohol market on the other hand.”

The winning entrants receive prizes of $5,000 and $2,500 respectively.

To read the winning essays, please visit www.centerforalcoholpolicy.org/essay-contest.

Photo Downloads:

Roni Elias

Gurney Pearsall

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The Center for Alcohol Policy is a 501 c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation.  By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption.  For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, VA – The Center for Alcohol Policy (CAP) is accepting entries for its Eighth Annual Essay Contest until December 5, 2015. The topic for this year’s contest is:

2015 marks the 10 year anniversary of the Supreme Court’s Granholm decision, which ruled against two states’ laws that discriminated against out-of-state alcohol producers but also affirmed that “The three-tier system is unquestionably legitimate.” How has this “unquestionably legitimate” system fostered competition, increased new products available to consumers and worked to protect consumers and the public?

“The CAP Essay Contest is intended to foster debate, analysis and examination of state alcohol regulation and its implications for citizens across the United States,” said CAP Advisory Council member and Samford University Cumberland School of Law Professor Brannon Denning. “We can learn a lot from our nation’s history with alcohol, especially looking at the societal problems that led to national Prohibition and the public policy initiatives that were put in place following the passage of the 21^st Amendment, which repealed Prohibition and began today’s system of state-based alcohol regulation.”

WHO CAN ENTER: The contest is open to all persons who are over the age of 18 as of December 2015. Students, academics, practicing attorneys, policymakers and members of the general public are encouraged to submit essays.

HOW TO ENTER: Essays may be emailed to essay@centerforalcoholpolicy.org or mailed as a hard copy to: Center for Alcohol Policy; Attn: Essay Contest; 1101 King St., Suite 600-A; Alexandria, VA 22314. Essays must be accompanied by an entry form.

DEADLINE: The deadline for entries is December 5, 2015. Winners will be announced in early 2016.

AWARDS: Cash prizes will be awarded to the first, second and third place winners in the amounts of $5,000, $2,500 and $1,000 respectively.

To read essay guidelines and last year’s winning essays, please visit www.centerforalcoholpolicy.org/essay-contest/.

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The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policymakers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

CHICAGO, IL – The Center for Alcohol Policy (CAP) Eighth Annual Alcohol Law and Policy Conference kicked off day two at the Hyatt Chicago Magnificent Mile in Chicago, Illinois, with keynote remarks by South Dakota Attorney General and National Association of Attorneys General President Marty Jackley.

This annual event brings together a wide range of alcohol policy experts – including attorneys, current and former alcohol regulators, legislators, law enforcement, public health advocates and other experts – to discuss and debate current alcohol laws and challenges.

Attorney General Jackley detailed the role of state attorneys general in alcohol policy debates and the importance of policies that safeguard against the abuse of alcohol.

Since taking office in 2009, Attorney General Jackley has been committed to fighting crime, strengthening public safety and making South Dakota a safer place to live. Now serving his second term, Attorney General Jackley continues to implement programs aimed at protecting the citizens of South Dakota. To that end, he has worked to expand South Dakota’s 24/7 Alcohol Sobriety and Monitoring Program across the state and nation, which has proven successful in reducing the likelihood for alcohol re-offenses.

Center for Alcohol Policy Advisor and Former Chairman of the National Traffic Safety Board James Hall led a discussion on how to measure the efficacy of U.S. alcohol control policies, which included insights from Dr. William Kerr of the Public Health Institute and Toben Nelson, associate professor of epidemiology and community health at the University of Minnesota.

The conference concluded with a panel of state legislators discussing alcohol legislation, economic development and public health. Center for Alcohol Policy Executive Director Mike Lashbrook moderated the discussion with Illinois House of Representatives Majority Leader Louis Lang, Pennsylvania State Senator Chuck McIlhinney and Michigan State Senate Regulatory Reform Committee Chairman Tory Rocca, who shared the lessons they’ve learned from debating legislation that appropriately balances economic growth with public health concerns.

The legislators discussed efforts to weigh competing state interests related to law enforcement, public health, orderly markets, taxation and jobs.

Visit www.centerforalcoholpolicy.org for a summary from day one of the conference and the full conference agenda. Read live updates from the event on Twitter using the hashtag #CAPLaw.

Photo Download: Keynote Speaker Marty Jackley

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 The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation.  By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption.  For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Montana Liquor Education Unit Recognized for Efforts to Enforce State Alcohol Laws and Promote Public Safety

CHICAGO, IL – The Center for Alcohol Policy (CAP) is pleased to announce that the Montana Department of Revenue’s Liquor Education Unit is the recipient of the Third Annual Leadership in Alcohol Regulation Award.

The award, which recognizes a specific program, agency or person who oversees the alcohol industry and promotes public safety, was presented yesterday evening by the CAP Advisory Council at the Eighth Annual Alcohol Law and Policy Conference, which took place September 9-11 at the Hyatt Chicago Magnificent Mile in Chicago, Illinois.

Accepting the award were Montana Liquor Education Unit employees Kacey Collins and Lisa Scates.

“The Center for Alcohol Policy understands that alcohol regulators are the front lines of many great initiatives in the states aimed at keeping the alcohol industry properly regulated, promoting public health and safety and supporting a healthy business marketplace,” said Jerry Oliver, a CAP Advisory Council member and former Arizona alcohol regulator. “This award highlights effective best practices that may serve as examples to alcohol regulators in other states.”

“One of the most impressive facets of the Montana Liquor Education Unit is its tireless dedication to improving the state standard for liquor education and server training while involving all community stakeholders in its initiatives,” continued Oliver. “Since the unit was created by the Montana Department of Revenue in 2008, it has developed a broad network of community partners, brought in more than 240 active volunteer trainers and expanded and updated the state training program, ‘Let’s Control It: Alcohol Responsibility Matters.’”

The unit has worked with a variety of partners to help launch initiatives such as the Montana Community Change Project, DUI task forces across the state, the Comprehensive Highway Safety Plan Alcohol Strategy Implementation team and the Interagency Coordinating Council on State Prevention Programs. Earlier this year, the unit hosted the 2015 Alcohol Education Summit, which brought nearly 200 alcohol stakeholders to the state capital for two days of education, dialogue and sharing of best practices.

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Photo Download: Award Recipients

(L) Kacey Collins, Liquor Education Professional

(R) Lisa Scates, Alcohol Education Coordinator

Photo Download: Award Recipients and Center for Alcohol Policy Leaders

(L to R): Center for Alcohol Policy Executive Director Mike Lashbrook, Center Advisor Brannon Denning, Montana Department of Revenue Liquor Education Unit Liquor Education Professional Kacey Collins, Center Advisor Patrick Lynch, Montana Department of Revenue Liquor Education Unit Alcohol Education Coordinator Lisa Scates

Read biographical details for Center for Alcohol Policy Advisory Council members here.

The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation.  By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption.  For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

CHICAGO, IL – The Center for Alcohol Policy (CAP) Eighth Annual Alcohol Law and Policy Conference began today at the Hyatt Chicago Magnificent Mile in Chicago, Illinois, with a welcome by CAP Advisory Council member and former National Traffic Safety Board Chairman James Hall. He noted that the conference is a key opportunity for a diverse group of state and federal alcohol regulators, law enforcement, legislators, public health advocates, members of the alcohol beverage industry and others interested in alcohol policy issues to come together to learn and share ideas.

CAP Advisor and Samford University Cumberland School of Law Professor Brannon Denning moderated a panel examining the 21^st Amendment a decade after the Granholm v. Heald decision in 2005, when the U.S. Supreme Court held that states many not directly favor in-state alcohol producers while denying the same benefit to out-of-state producers as this violates the dormant Commerce Clause of the U.S. Constitution.

Max Hess, attorney at Taylor, Feil, Harper, Lumsden & Hess, P.C.; Neal Insley, general counsel for the National Alcohol Beverage Control Association; and Michael Madigan, managing partner at Madigan, Dahl & Harlan, P.A.; reviewed the numerous court cases that have clarified the law since Granholm v. Heald and upheld states’ right to regulate alcohol under the 21^st Amendment.

Attorney Michael Madigan said, “The 10 years since the Granholm decision have brought further support for the ‘three-tier system is unquestionably legitimate’ reasoning of the Supreme Court.”

A panel moderated by Pamela Erickson, the CEO of Public Action Management and former executive director of the Oregon Liquor Control Commission, focused on lessons learned by local governments with regard to granting new liquor licenses, informing local stakeholders and the impact on law enforcement. Karen Duddlesten, deputy director of the Las Vegas Department of Planning; Kathie Durbin, division chief for licensure, regulation & education for the Montgomery County Department of Liquor Control in Maryland; and Julia Sherman, coordinator of the Wisconsin Alcohol Policy Project at the University of Wisconsin Law School; shared examples from their states.

Jerry Oliver, CAP Advisory Council member and former Arizona alcohol regulator and chief of police for Detroit, Richmond and Pasadena, moderated a panel on new threats to public health. Sgt. Jermaine Galloway of the Boise Police Department, Bruce Lee Livingston of Alcohol Justice and Dr. Brad Uren of the University of Michigan explored what legislators, regulators, law enforcement and the community can do to keep kids safe in today’s environment.

A panel moderated by Paul Pisano, senior vice president of industry affairs and general counsel for the National Beer Wholesalers Association, examined the history, successes and weaknesses of the Federal Alcohol Administration Act, which was passed 80 years ago by Congress to govern the federal regulation of the new alcohol industry following Prohibition’s repeal. The panel included Anthony Gledhill, chief counsel for the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB); Vicky McDowell, the president & CEO of the Presidents’ Forum of the Distilled Spirits Industry; and Robert Tobiassen, former general counsel for the TTB. Tobiassen noted that the law is 80 years old but has much regulatory flexibility.

J.T. Griffin, chief government affairs officer for Mothers Against Drunk Driving (MADD), provided an update on drunk and drugged driving, including current incidence rates and the future of technology to prevent cars from being operated by drunk drivers.

A panel of both veteran and new state alcohol regulators shared what they have learned from their position and what others involved in the alcohol industry should consider as they embark on their duties to regulate the alcohol industry. Panelists included Ivan Fernandez of the Illinois Liquor Control Commission; Thomas Philpot of the Florida Department of Business & Professional Regulation Division of Alcoholic Beverage and Tobacco; and Jessica Starns of the Louisiana Office of Alcohol and Tobacco Control. Roger Johnson, former assistant chief for the Alcohol & Tobacco Enforcement Division of the Wisconsin Department of Revenue, also shared insights from his new guide, “Alcohol Beverage Control: The Basics for New State Alcohol Regulators.”

The final session of the day featured Scott Kotchko, executive vice president of Whitman Insight Strategies, who explained the results of a recent bipartisan survey on national attitudes about alcohol. The survey findings indicate that Americans agree that regulation is important, especially when it comes to alcohol; Americans do not think alcohol is just like other consumer products and support regulations on alcohol that are not found on other consumer goods; Americans are very happy with the variety of alcohol options currently available to them; and Americans believe that local businesses that understand the local community should manage alcohol distribution and sales.

The CAP’s Eighth Annual Alcohol Law and Policy Conference continues Friday, September 11, at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. The conference agenda can be found at www.centerforalcoholpolicy.org.

For live updates from the event, follow @AlcoholPolicy on Twitter using the hashtag #CAPLaw.

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The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Center for Alcohol Policy Releases Survey Results on Public Attitudes on Alcohol Policy

 ALEXANDRIA, VA – According to a bipartisan national poll commissioned by the Center for Alcohol Policy (CAP), the American public overwhelmingly supports the current system of alcohol regulation in the U.S. Additionally, the current regulatory system for alcohol is viewed by Americans as necessary to keeping the public safe.

“Americans recognize and agree that when it comes to a unique product such as alcohol, regulation is vital, and they support the states’ ability to set their own laws and regulations around alcohol,” said Mike Lashbrook, the Center’s executive director. “Additionally, this national survey shows that consumers are highly satisfied with the choice and variety available to them in the American marketplace.”

Key findings include:

Americans agree that regulation is important, especially when it comes to alcohol. 

• 89% of adults agree that it is very important to keep the American alcohol industry regulated.
• 82% agree that parents, police officers and retailers already have a difficult challenge keeping alcohol out of the hands of minors. Getting rid of alcohol rules, regulations and safeguards could make the problem worse.
• 94% believe that people selling or delivering alcohol should verify that a person is 21 or older before they sell or deliver alcohol to that person.

Additionally, Americans do not think alcohol is just like other consumer products, and they support regulations on alcohol that are not found on other consumer goods.  

• 70% believe alcohol should not be sold just like other consumer goods.
• 84% support the current legal drinking age of 21 or older.

Americans are very happy with the variety of alcohol options currently available to them.

• 91% of adults agree that it is easy to find a wide variety of beer, wine and liquor in their community.
• 84% agree that there are more local and craft beers and liquor available in their community today than ever before.

 Americans also believe that local businesses that understand the local community should manage local alcohol distribution and sales. 

• 81% support the rights of individual states to determine their own laws and regulations regarding the manufacture, distribution and sale of alcohol.

The national survey of 1,005 adults over the age of 21 was conducted using an online methodology by a bipartisan team of pollsters, Whitman Insight Strategies and WPA Opinion Research, on behalf of the Center for Alcohol Policy from April 27 – May 3, 2015. The margin of error is ± 3.1%.

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 The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, VA – This week, Missouri Governor Jay Nixon signed legislation into law creating the Division of Alcohol and Tobacco Control Fund. The fund will support enforcement of liquor and tobacco laws and will be supported by fees from liquor licenses and permits. Specifically, 70 percent of the fees collected for liquor licenses and permits are directed to the fund, which may be used only by the Division of Alcohol and Tobacco Control for the administration and enforcement of the liquor control laws and other laws prohibiting the sale of tobacco to minors.

Jerry Oliver, Center for Alcohol Policy advisor and former director of the Arizona Department of Liquor License and Control, issued the following statement on behalf of the Center:

The alcohol industry is a regulated industry. In order for the regulatory foundation to work effectively today, state alcohol regulators need the appropriate level of resources to enforce state alcohol laws. That comes with ensuring that state regulatory agencies are funded at appropriate levels.

In professional sports, the need for quality, competent officiating is frequently on public display. Fair officiating benefits the competitors on the field, the viewing public and the integrity of the sport. The same is true in the alcohol industry. Only with active regulators can competition in the industry flourish and the public benefit. The Center applauds the leadership of Missouri by recognizing the need for a funded regulatory agency.

The Center for Alcohol Policy funded a study by former Michigan Liquor Control Commissioner and former Michigan House of Representatives Floor Leader Pat Gagliardi entitled, “The Need for State Alcohol Regulatory Funding: Fighting Deregulation by Defunding.” The report analyzes the number of alcohol enforcement agents in states across the country, their increasing workload and the scope of their duties, as well as the record number of licenses for enforcement agents to monitor. It also outlines several suggestions for ways states can seek to increase funding for their alcohol beverage control operations.

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The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

ALEXANDRIA, VA – The Center for Alcohol Policy announced today that Mike Lashbrook, former president of the Michigan Beer and Wine Wholesalers Association (MB&WWA), has been named executive director for the Center.

Lashbrook brings to the Center more than two decades of experience in public policy and the alcohol industry. At MB&WWA, he served as the chief executive responsible for the oversight of all operations, governance and activities of the association and its subsidiaries. He was the chief spokesperson before government, the media and the public. Lashbrook joined the association as its president in 1989, serving in that post for 26 years. During that time, Lashbrook served as chair of the Wholesale Beer Association Executives and of the Wine and Spirits Wholesalers of America Inc. Advisory Council. He was inducted into the Michigan Society of Association Executives Association Hall of Fame in 2014.

Center for Alcohol Policy Chairman Brian Clark said, “Mike is widely recognized as a leader in building bridges and partnerships between members of the alcohol industry and public health professionals, substance abuse prevention groups and law enforcement officials. By bringing these groups together, Mike has helped them effectively communicate about and advocate for strong, responsible alcohol regulations and safeguards.”

“Mike brings immense industry knowledge and a clear vision as we work to educate policymakers, regulators and the public about alcohol, its uniqueness and its regulation,” Clark continued. “We are fortunate to have such a strong and experienced leader join our team.”

Download High-Resolution Photo of Mike Lashbrook

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The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Former Alcohol Regulator Roger Johnson Describes Role of State Regulators

Roger B. Johnson, a 38-year veteran of the Alcohol & Tobacco Enforcement Unit of the Wisconsin Department of Revenue, released a new guide, “Alcohol Beverage Control: The Basics for New State Alcohol Regulators.”

The publication was made possible in part by the Center for Alcohol Policy and can be found here.

Jim Hall, Center for Alcohol Policy advisor and former chairman of the National Traffic Safety Board, said, “This will be a useful guide for new alcohol regulators in every state, who are charged with enforcing their state’s alcohol laws, sometimes with very little resources. As an effective alcohol regulator for nearly 40 years, Roger Johnson knows what it takes to succeed in effectively and efficiently enforcing reasonable regulations that balance the sometimes competing demands of a competitive industry and the public’s health and safety.”

The report explains: “There is no national alcohol market. There are 50 different alcohol markets by constitutional design. Each state’s alcohol industry regulation evolved differently, although they all share concepts from the important work Toward Liquor Control by Raymond Fosdick and Albert Scott.”

It describes several areas of alcohol beverage control and industry regulation universal to the states, including:

• Preventing “tied-houses” or illegal benefits between various tiers of the industry that would harm fair competition
• Ensuring public safety by penalizing underage or over-service of alcohol beverages
• Protecting the state’s revenues by ensuring the strength of a regulatory system that has allowed the collection of excise taxes, while also protecting each state’s legitimate industry members by conducting inspections of licensed premises
• Provide education and training to the industry, municipal officials, local law enforcement, advocacy groups, the media and the general public to help them learn about the legalities, their rights and responsibilities and ensure compliance with state alcohol beverage laws
• Balance desires for a “free market economy” with the goal of promoting temperance

“Laws unenforced are laws unobserved,” Johnson concludes. “One can pass all the laws to regulate the various segments of the [alcohol beverage] industry effectively but, without adequate staffing to administer and enforce them, the end result is ‘no regulation.’ And ‘no regulation’ results in chaos for the public and the alcohol industry.”

Johnson adds, “The industry needs, and the public expects, ‘reasonable regulation’ to maintain the health and safety of society.”

Johnson is a past president of the National Liquor Law Enforcement Association and was named “Agent of the Year” in 1996. His “False I.D. Instruction” program received NLLEA’s Program of the Year Award in 1998. He also served as third vice president of the National Conference of State Liquor Administrators.

Johnson will be among the presenters at the Eighth Annual CAP Alcohol Law and Policy Conference taking place September 9-11, 2015, at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. Additional details regarding the conference can be found at www.centerforalcoholpolicy.org/law.

ALEXANDRIA, VA – The Center for Alcohol Policy (CAP) is pleased to announce that Timothy Cuffman, an accountability analyst for National Heritage Academies in Grand Rapids, Michigan, is the winner of its Seventh Annual Essay Contest. The CAP national essay contest is intended to foster debate, analysis and examination of state alcohol regulation.

The topic of the 2014 contest was: “As states contemplate the legalization of prohibited products, like marijuana, what are some lessons policymakers and regulators can learn from the movement to end alcohol Prohibition in the 1930s?”

“The historic movement that ended alcohol Prohibition and created the successful state-based alcohol regulatory system we have today offers lessons we can draw upon as states now consider legalizing other prohibited products, like marijuana,” said CAP Advisory Council member and former chief of police and Arizona alcohol regulator Jerry Oliver. “The Center’s essay contest encouraged entrants to reflect on this nation’s history of alcohol policies as policymakers and regulators debate the states’ evolving drug policies.”

Cuffman’s winning essay, “The Twenty-first Amendment in the Twenty-first Century: Lessons for Cannabis Reform,” outlines the legal, social and geopolitical differences between national alcohol Prohibition and the present prohibition of cannabis. He explains, “While national alcohol Prohibition in the United States was a function of a constitutional amendment (with the corresponding Volstead Act that governed enforcement), the national prohibition of cannabis is simply a function of federal law (while many states have parallel state regulations). Consequently, the method of repeal is different in each case.”

Cuffman asserts that there are three lessons that present-day policymakers and reformers can derive from the movement to end Prohibition:

1. If there is to be lasting and stable cannabis reform, it is necessary to repeal or reform cannabis policy at the national level rather than simply the state level.
2. It is necessary to balance regional restriction with federal de-prohibition and restriction.
3. Through substance regulation, it is necessary to balance individual freedoms with public interests.

“Now the better part of a century removed from Prohibition, it seems as though American policymakers have yet to adequately account for the lessons of the Twenty-first Amendment and the circumstances surrounding Prohibition’s repeal,” Cuffman concludes. “Even critics of the federal government’s prohibition of cannabis seem to have failed to fully account for the differences between the two contexts, such that we could draw reasoned and incisive conclusions.”

Roni Elias, a student at Florida A&M University College of Law, was awarded second place for his essay, “Lessons of Prohibition for Contemporary Drug Policy,” which describes the history of temperance reform; the culmination of the temperance movement with the passage of the 18^th Amendment; the benefits versus the problems of Prohibition; the regulation and post-Prohibition changes in the culture of alcohol use; and the lessons of alcohol prohibition for drug prohibition.

“The primary lesson of Prohibition is that it is possible to regulate personal conduct if the regulations focus on controlling how, when, and where that conduct takes place, not whether it takes place,” Elias argues.

Elias concludes, “The regulation of personal conduct also cannot work on a large scale … Prohibition’s attempt at regulation was too ambitious, both in terms of the severity of the restriction and the extensiveness of its application … regulation works when it is narrowly targeted and flexibly adaptable, especially regarding local conditions.”

Daniel Bruggebrew, a student at Berkeley Law, and Corinne Snow, an attorney from New York City, were both awarded third place.

Bruggebrew’s essay, “Harnessing Medical Discord to Influence Marijuana Policy,” focuses on the medicolegal history of alcohol until repeal, the medicolegal history of marijuana through modern day and lessons for policymakers and regulators considering marijuana research for medicalization.

Bruggebrew concludes that, “with the AMA [American Medical Association] suspending judgment pending further research, policymakers and regulators should engage the Association to harness its deep understanding, working alongside the Association to develop medically current and politically accountable marijuana policy.”

Snow’s essay, “Cooperative Federalism and Substance Regulation: Lessons Learned from the End of Prohibition,” focuses on the relationship between state and federal laws and discusses some of the possible avenues to regulate products like marijuana.

“Today we have come to think that federal law is the primary driver behind our public policies,” Snow notes. “But as the debates and legal changes in the years surrounding the end of Prohibition demonstrates, state law can be far more influential than federal regulation on the use of controlled substances … The debates and resulting regulatory decisions at the end of Prohibition demonstrate the variety of tools and powers that states can use to impact when, where, and how their residents use certain substances.”

To read the winning essays, please visit www.centerforalcoholpolicy.org/essay-contest.

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The Center for Alcohol Policy is a 501 c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation.  By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption.  For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

CHICAGO, IL – The Seventh Annual Center for Alcohol Policy (CAP) Alcohol Law and Policy Conference kicked off day two at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. This annual event brings together a wide range of experts in the field of alcohol law – including attorneys, current and former alcohol regulators, academic thought leaders, public health advocates and other experts – to discuss and debate current alcohol laws and challenges.

Michele Simon of Eat Drink Politics led a discussion about marijuana legalization and alcohol, focusing on rhetoric versus reality. Panelists included Jonathan Caulkins, a professor at Carnegie Mellon University; Matt Cook, former senior director of enforcement for the Colorado Department of Revenue; and Mary Segawa, health education liaison for the Washing State Liquor Control Board. They spoke about the ongoing debate surrounding marijuana legalization and the relevance of alcohol regulation to the current debate. Specifically, the panelists discussed the recent implementations of marijuana legalization in Colorado and Washington state, along with the science and parties behind each state’s policies.

Beer Distributors of Massachusetts Executive Director Bill Kelley led a discussion of state alcohol regulators from California, Illinois, Massachusetts and former Arizona alcohol regulator and CAP Advisory Council member Jerry Oliver. The current and former alcohol regulators discussed trends and observations from their perspective, including budget challenges and regulating a growing, diverse industry. The panel discussed the problems of conflicting industry agendas and state legislative direction. The panel highlighted how the alcohol industry is a regulated industry, which means regulators need to note when regulations are violated.

The conference concluded with a discussion of legal developments in alcohol retailing moderated by Hospitality and Alcohol Beverage Group Chairman Anthony Kogut. American Beverage Licensees Executive Director John Bodnovich and University of Miami School of Law Professor Dr. Stephen Diamond discussed high profile legal cases that are winding their way through the federal court system, as well as the changing face of the alcohol retailing industry. They specifically addresses such legal issues as residency laws, where alcohol can be sold and limits on licenses.

More details on speakers, education session topics and the symposium program can be found at www.centerforalcoholpolicy.org. Click here to read a summary from day one of the conference, and read live updates from the event on Twitter using the hashtag #CAPLaw.

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The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

Oklahoma Regulator Recognized for Efforts to Enforce State Alcohol Laws and Promote Public Safety

CHICAGO, IL – The Center for Alcohol Policy (CAP) is pleased to announce that Oklahoma Alcohol Beverage Laws Enforcement (ABLE) Commission Director A. Keith Burt is the recipient of the Second Annual Leadership in Alcohol Regulation Award.

The award, which recognizes the work of alcohol regulators who oversee the alcohol industry and promote public safety, was presented yesterday evening by CAP Advisory Council member and former Arizona alcohol regulator Jerry Oliver at the Seventh Annual Alcohol Law and Policy Conference taking place at the Hyatt Chicago Magnificent Mile in Chicago, Illinois.

“The Center for Alcohol Policy understands that alcohol regulators are the front lines of many great initiatives in the states aimed at keeping the alcohol industry properly regulated, promoting public health and safety and supporting a healthy business marketplace,” Oliver said. “This award highlights effective best practices that may serve as examples to alcohol regulators in other states.”

“Keith Burt‘s tireless energy, creativity and dedication to community outreach makes him stand out from the pack,” Oliver continued. “He is possibly the longest serving state alcohol regulator in the country, having started at the ABLE Commission as an accountant in 1980, yet he humbly works every day to advance the interest of Oklahomans. He has risen through the ranks to become director and always celebrates the work of the staff at the ABLE Commission. He has been a driving force in the 2Much2Lose (2M2L) efforts to prevent underage sales in Oklahoma.”

Oliver added, “Keith Burt oversees 60,000 licenses and oversaw tremendous changes in Oklahoma regulation brought about by ‘liquor by the drink’ implementation and tobacco enforcement – all while the number of employees has shrunk. One of his greatest initiatives is weekly sending ABLE agents into grade schools, high schools and college campuses in an effort to be proactive and enlighten our youth on the life-changing consequences of alcohol abuse.”

Click here to download a photo of A. Keith Burt.

For more information, please call (703) 519-3090 or email info@centerforalcoholpolicy.org.

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 The Center for Alcohol Policy is a 501 c (3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.

CHICAGO, IL – The Seventh Annual Center for Alcohol Policy (CAP) Alcohol Law and Policy Conference began today at the Hyatt Chicago Magnificent Mile in Chicago, Illinois, with a welcome by CAP Advisory Council member and former Rhode Island Attorney General Patrick Lynch. He noted that the conference is a key opportunity for a diverse group of state alcohol regulators, public health advocates, members of the alcohol beverage industry and others interested in alcohol policy issues to come together to learn and share ideas.

Mississippi Attorney General and National Association of Attorneys General President Jim Hood delivered a keynote address on the role state attorneys general play in defending state regulations, including alcohol policies, and efforts to prevent underage drinking. General Hood also discussed his interest in fighting counterfeiting in all forms, from intellectual property theft to black market production. He applauded the Center for highlighting the American success story on alcohol regulation in fighting alcohol counterfeiting.

Attendees also heard from Former Chief Counsel for the Alcohol and Tobacco Tax and Trade Bureau Robert Tobiassen, who moderated a panel on counterfeit alcohol, which contrasted problems in other countries with its rare occurrence in the United States. Former Commissioner of the Louisiana Office of Alcohol and Tobacco Control Murphy Painter and Illinois Liquor Control Commission Executive Director Gloria Materre spoke about the elements of the U.S. regulatory system that work to maintain a safe and prosperous marketplace for alcohol and explained how the U.S. system differs from other countries, such as England. Tobiassen also unveiled to conference attendees a new report on this topic, “The ‘Fake Alcohol’ Situation in the United States: The Impact of Culture, Market Economics, and the Current Regulatory Systems.”

The future of alcohol supplier-distributor laws was discussed on a panel moderated by Mike Madigan, managing partner of Madigan, Dahl & Harlan, P.A. Attorneys Bill Kelley, Francis O’Brien and Jim Webster highlighted the policy reasons behind franchise laws and discussed industry growth, consumer selection and public accountability. The panel addressed state alcohol laws that govern the regulated alcohol industry and efforts by certain large economic players to get around these state laws.

A panel moderated by Brannon Denning, CAP Advisory Council member and professor at Samford University’s Cumberland School of Law, addressed the First Amendment and alcohol regulation. The panel featured Alcohol Justice Executive Director Bruce Livingston, Jerry Whalen of the Office of Michigan Attorney General and Senior Vice President and General Counsel for the National Beer Wholesalers Association Paul Pisano. They discussed the Supreme Court’s changing landscape for First Amendment standards, yet the practical implications of many state alcohol laws seeking to protect the public and regulate the industry.

A panel on underage sales compliance was moderated by Responsible Retailing Forum (RRF) President Dr. Brad Krevor, who discussed how regulators and alcohol law enforcement officers are recognizing the importance of voluntary measures by licensees to achieve compliance with laws prohibiting sales to minors. The RRF has been recognized for its leadership in bridging the gap between retailers and law enforcement in efforts to fight underage drinking. Green Bay Police Department Captain William Bongle, Montgomery County Department of Liquor Control Division Chief Kathie Durbin and Texas Alcoholic Beverage Commission Assistant Administrator Ed Swedberg examined non-punitive approaches that can raise compliance rates and the role of incentives in achieving regulatory objectives.

The final panel focused on post-Prohibition alcohol regulation. Professor at the University of Central Oklahoma and former General Counsel for the Oklahoma Alcoholic Beverage Laws Enforcement Commission John Maisch and National Alcohol Beverage Control Association Senior Vice President of Public Policy/Communications Steve Schmidt spoke about the similarities between America’s task of creating a post-Prohibition alcohol regulatory structure in 1933 and the Oglala Sioux’s current task in setting up an alcohol control system after a 2013 vote to overturn a century-old ban on alcohol. The panel concluded with a screening of Maisch’s documentary Sober Indian/Dangerous Indian: A Story of Empowerment Through Sobriety.

The Seventh Annual CAP Alcohol Law and Policy Conference continues Friday, September 5, at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. Additional details regarding the conference agenda can be found at www.centerforalcoholpolicy.org.

For live updates from the event, follow @AlcoholPolicy on Twitter using the hashtag #CAPLaw.

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 The Center for Alcohol Policy is a 501c(3) organization whose mission is to educate policy makers, regulators and the public about alcohol, its uniqueness and regulation. By conducting sound and scientific-based research and implementing initiatives that will maintain the appropriate state-based regulation of alcohol, the Center promotes safe and responsible consumption, fights underage drinking and drunk driving and informs key entities about the effects of alcohol consumption. For more information, visit www.centerforalcoholpolicy.org or follow the Center on Twitter at www.twitter.com/AlcoholPolicy.