On this day in 1933, the United States ratified the 21st Amendment to the Constitution, laying down the foundation for today’s state-based alcohol regulatory system. 

A Message from the Center’s Executive Director

The Boston Red Sox weren’t in town August 25-27, but the city experienced a few home runs anyway. The Center for Alcohol Policy’s 12 Annual Law and Policy Conference (ALPC) was in town with record attendance and a number of highly rated sessions on topics ranging from the impact of the recent Supreme Court Decision nullifying Tennessee’s residency requirements for retail liquor store licenses to the movement of banning the use of alcohol products containing more than 15% ABV at college fraternities and sororities. 

The ALPC brings together a wide range of stakeholders in the alcohol policy arena to learn about and discuss trending issues and network with regulators, lawmakers, public health advocates, industry representatives from all three tiers. This year set a record in attendance with 160 registrants from 34 states and feedback received from attendees was off the charts.

MA Attorney General Maura Healey was the conference keynote speaker at Monday’s lunch and hit it out of the park with a sincere appeal to all alcohol policy stakeholders to continue the work of supporting responsible alcohol regulation in our communities. As a former basketball point guard at the NCAA Division I level, she stressed the importance of teamwork and praised the Center for bringing together regulators, lawmakers, public health advocates and industry representatives as a team to combat problems associated with alcohol abuse.

ALPC attendees also heard from pollster Lori Weigel of New Bridge Strategy on the results of the Center’s national public opinion survey on alcohol regulation which found strong, continuing support for state based alcohol regulation and the three tier system.

The impact of alcohol regulation on public health and safety was an important theme running through several of the panel discussions held during the conference.  This comes at a time when these public health and safety benefits of state-based alcohol regulation will be instrumental in defending these regulations going forward. As the distinguished panel of legal experts explained in reviewing the recent Supreme Court decision in TWSRA V Thomas, a law’s demonstrated impact on public health and safety will be an important factor in saving it from dormant commerce clause challenges. 

A panel of public health advocates presented case studies of where health and safety concerns were instrumental in defeating alcohol deregulation efforts; and other panels explored the challenges of “problem bars,” the positive impact of liquor law enforcement efforts in addressing a wide range of criminal activity including human trafficking and the continuing challenges of  illegal direct shipping and cross border sales of alcohol.

The 12th Annual ALPC was indeed a hit with so many alcohol regulation and public health professionals there to witness the value of the Center’s work. We trust that more will do the same in the years ahead!

Sincerely,

Mike Lashbrook
Executive Director, Center for Alcohol Policy

The Center held its 7th State Alcohol Policy Forum on Friday, September 6 in Scottsdale, Arizona in coordination with the Beverage Alcohol Community Information Council (BACIC). 

Lester Jones, chief economist for the National Beer Wholesalers Association, kicked things off with a look at the economic impacts of the alcohol industry, its past, present and future, and specifically within the state of Arizona. Pam Erickson, a Center supported consultant and expert witness on alcohol regulation, presented on how to balance public safety and business needs through effective and responsible state alcohol regulations. 

Additional topics included internet sales, shipping and delivery of alcohol, and the challenges and opportunities that come along with eCommerce in the industry. Representatives from public safety advocacy organizations, industry groups and alcohol regulators discussed best practices for tackling public health issues involving alcohol, while the final panel session debated emerging public policy considerations for the legalization of marijuana, and how it may or may not look similar to historic alcohol regulation.

Lastly, The Honorable Mark Brnovich delivered a dynamic keynote presentation during the forum’s luncheon, where he elaborated on his experiences as Attorney General of Arizona and the benefits of state-based regulation of alcohol. You can view the full program and lineup here. 

The Center for Alcohol Policy regularly hosts state alcohol policy forums, along with its annual alcohol law and policy conference, that bring together a wide range of experts in the field of alcohol law. Arizona wrapped up the Center’s state forums for 2019, but the Center is excited to hold more throughout 2020. 

Debbi Beavers, Director of the Kansas Alcoholic Beverage Control, receives Leadership in Alcohol Regulation Award

The Center for Alcohol Policy is pleased to announce that Debbi Beavers, Director of the Kansas Alcoholic Beverage Control, is the recipient of the Seventh Annual Leadership in Alcohol Regulation Award.

The award, which recognizes a specific program, agency or person with the ability to regulate the alcohol industry and promote public health and safety, was presented by the Center’s Advisory Council at the 12^th Annual Alcohol Law and Policy Conference, in Boston, Mass.  

Director Beavers has served the State of Kansas for over 15 years and has always been known for her honest and thoughtful approach. The Center for Alcohol Policy chose Mrs. Beavers to receive this award because she has led with an appropriate focus on ensuring an orderly and fair marketplace and advocating for responsible policies that protect the well-being of all Kansans. 

Specifically, Mrs. Beavers was selected for leading the agency and the industry through the profound changes that have occurred in beverage alcohol regulations in Kansas over the last two years. Through dialogue with all segments of the industry, community and public health stakeholders, as well as education of alcohol licensees, she dynamically led this transition under the new laws.

“The Center works diligently to promote public health and safety through a responsible state-based alcohol regulatory system and strives to educate regulators on the importance of prioritizing public safety when enforcing state law,” said Center for Alcohol Policy Advisor Jerry Oliver. “The Center is proud to present its annual award to someone who shares those same values, day in and day out.”

ALEXANDRIA, Va. – The Center for Alcohol Policy is now accepting entries for its 12^th Annual National Essay Contest. The topic for this year’s contest is:

During the United States Supreme Court 2019 term, the Court announced in June its decision in Tennessee Wine and Spirits Retailers Association v. Thomas. Based on the Court’s decision, what do you believe will be the next steps for alcohol policy in the United States?

“The Center’s national essay contest has gained considerable traction over the past decade, and we expect its influence to keep growing,” explains Branning Denning, Cumberland School of Law Professor and Center for Alcohol Policy Advisor. “As regulation of the alcohol industry is often misunderstood, this opportunity provides students and professionals with a chance to evaluate and research it, as well as bring attention to its complexities and successes.”
 
To Denning’s point, these essays have garnered exceptional success. Some have been republished in other publications; the 2011 winners presented their papers at the annual meeting of the National Conference of State Liquor Administrators; and the 2015 winning essay was cited to the United States Supreme Court in the same case that serves as the topic of this year’s contest.

WHO CAN ENTER: The contest is open to all persons who are over the age of 18 as of December 2019. Students, academics, practicing attorneys, policymakers, regulators and anyone with an interest in state-based alcohol regulation is invited to participate.  
 
HOW TO ENTER: Entries may be submitted here.
 
DEADLINE: The deadline for entries is Jan. 17, 2020. Winners will be announced soon after.
 
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.
 
Read additional essay guidelines here and view last year’s winning essays here.

The Center for Alcohol Policy is celebrating 10 years of its annual essay contest that explores alcohol regulation in the 21^st century.  Each year, students and professionals are encouraged to participate in this significant effort to bring attention to state alcohol regulation, its complexities and many successes.

The Center has comprised a collection of these essays written by the its previous 1^st place recipients from 2008 – 2018, which you can download for free here!

No matter the alcohol regulatory efforts or challenges you may face , we hope that this collection of work will be a valuable resource for you. Several topics available to explore here include:

• History and importance of the 21^st Amendment
• Recommendations on state-level regulation & policy proposals
• Alcohol on college campuses
• The three-tier system
• Orderly alcohol markets
• Redefining temperance
• And more!

Help us celebrate the success of these exploratory essays and the influence they’ve had in the industry over the past decade. Download your free navigable copy today! 

ALEXANDRIA, Va. – A new poll commissioned by the Center for Alcohol Policy on public opinion toward alcohol regulation found that Americans continue to overwhelmingly support states maintaining the authority to regulate alcohol within their own borders.  Notably, this support is remarkably strong across political party lines despite the heightened political polarization of today.  85 percent of Republicans, 81 percent of Democrats and 83 percent of Independents express support for alcohol being regulated at the state level.

Key findings from the Center’s survey additionally show that American adults are in favor of a broad array of state-level alcohol regulations and the three-tier system, which separates the manufacture, distribution and sale of alcohol.  In particular, they are satisfied with the consumer choice fostered by the American system of alcohol distribution.  

Additional results indicate that Americans want lawmakers to prioritize public health and safety over convenience and price when weighing changes to alcohol regulations.

“Public support for responsible state alcohol regulation has remained consistently high over the last decade. Despite the many attacks within the industry on regulation and the independent distribution system, the vast majority of Americans remain supportive,” says Jim Hall, former Chairman of the National Transportation Safety Board and Center for Alcohol Policy Advisor.  “This steady support cuts across all demographic groups, even the red/blue divide, on nearly all these issues.  Americans clearly agree public health and safety are essential when considering changes to current law.”

Key findings from the survey include:

Americans continue to support state regulation of alcohol.

• 86 percent of respondents agree that alcohol is a product that needs to be regulated.
• 82 percent agree that alcohol is different that other products, and therefore should be regulated differently.
• Support remains high for individual state regulation of alcohol (83 percent).
• A wide majority support requiring license holders to be a resident of their respective state (77 percent).
• 76 percent agree that alcohol sold should come through a licensed system for tracking.
• 87 percent of respondents displayed a high confidence in the safety of alcohol products sold in their state.

Americans are satisfied with current alcohol regulations in their state.

• 82 percent of Americans continue to be satisfied with the existing system for alcohol in their respective states.
• Nearly 9 out of 10 Americans are satisfied with the variety of alcohol products available (87 percent).

The three-tier system is viewed very positively.

• 75 percent of respondents show support for states regulating through a three-tier system, which has been consistent over the past decade, and 3 out of 4 agree that the system works well.

Americans want alcohol laws to prioritize safety.

• Most Americans reject that alcohol is just like other consumer products.
• Drunk driving is seen as the most serious alcohol-related problem.
• Survey respondents want lawmakers address drunk driving first. 78 percent agree reducing drunk driving is a priority, followed by protecting health and public safety (70%) and reducing underage drinking (64 percent).
• Given the nation’s priorities, it is not surprising that 85 percent of Americans support keeping the legal drinking age at 21 years old.

The survey was conducted by New Bridge Strategy among 1,000 adults ages 21 and older throughout the nation. The interviews were conducted online and distributed proportionally throughout the U.S. and are demographically representative of this age group. The confidence interval associated with this sample is +/-3.5% at the 95% confidence level; with varying confidence for population subgroups within the sample.    

ALEXANDRIA, Va. –  According to a  national survey commissioned every two years by the Center for Alcohol Policy, an overwhelming majority of the public supports requiring alcohol retailers to be a resident of their respective state. This is the first time that the Center has tested public support for residency requirements in order to obtain a license to sell alcohol and found that fully 77%of Americans favor these laws.

Additionally, the state residency requirement has overwhelming support across party lines, with 76% of Republicans, 75% of Democrats and 78% of independents in support. Support also exceeds two-thirds in every region of the country and with every demographic sub-group examined. 

These data points emerge at an active time for alcohol regulation given that the United States Supreme Court is currently reviewing a Tennessee state alcohol law relating to durational residency requirements. In Tennessee Wine and Spirits Retailers Association v. Thomas the Court is considering whether a state law to regulate liquor sales by granting licenses only to those that have met state residency requirements violates the dormant Commerce Clause. The petitioners in support of the Tennessee Retailers argue that the 21st Amendment gives states the complete authority to regulate the sale of alcohol within their borders. 

It is noteworthy that not only does the general public support residency requirements, but significant members of the alcohol law community and industry do as well. Amicus briefs from 14 different organizations and groups were submitted to the Court in support of the Tennessee Wine and Spirits Retailers Association, most notably a brief filed by a bipartisan group of 36 state attorneys general. This brief defends residency laws, but additionally examines ramifications this case could ensue with regard to additional effective alcohol regulations, such as physical presence requirements. The Center for Alcohol Policy also filed a brief highlighting the historical background of state alcohol regulations.

“Laws protecting public health and safety potentially could be at risk with an adverse ruling. The attorneys general of an overwhelming majority of states, both Republican and Democrat, recognize the effectiveness of our system of state-based regulation of alcohol in the US and are determined to educate the high court on the potential impact a decision could have on many state laws,” stated Patrick Lynch, Center for Alcohol Policy Advisor and former Attorney General of Rhode Island. 

The Court heard oral arguments on January 16, 2019, and a decision is expected by the end of June.

The Center for Alcohol Policy’s national opinion survey results additionally show support for a broad array of state-based alcohol regulation, and this support has been overwhelmingly consistent over the years.

Methodology: The survey was conducted by New Bridge Strategy among 1,000 adults ages 21 and older throughout the nation. The interviews were conducted online and distributed proportionally throughout the U.S. and are demographically representative of this age group. The confidence interval associated with this sample is +/-3.5% at the 95% confidence level; with varying confidence for population subgroups within the sample.  

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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.

DURHAM, NC – On Monday, Feb. 25 The Center for Alcohol Policy and the North Carolina Beer and Wine Wholesalers Association co-hosted one of the Center’s state alcohol policy forums, which enjoyed the attendance of over 50 state policymakers, legislative staff, alcohol regulators, several public health representatives, and industry members.

The forum was kicked off by the National Beer Wholesalers Association’s Chief Economist Lester Jones, who provided the audience with an evaluation of the current role that the industry plays in the U.S. economy and industry trends that are taking hold.

The second session included a panel that delved into the public health benefits that stem from proper and effective alcohol regulation. Pam Erickson, former Executive Director of the Oregon Liquor Control Commission and CEO of Public Action Management, delivered a brief history of why alcohol has been and should be regulated the way it is, pointing out that “we cannot sell alcohol like we do tires and mayonnaise.” Citing a United Kingdom case study, Erickson described how that country’s “alcohol-related problems became epidemic” after deregulation, and “once you de-regulate, it is almost impossible to go back.”

Following Erickson, Dylan Ellerbee, Chair of the North Carolina Alcohol Policy Alliance, dove deeper into the public health and safety aspects of alcohol control. Ellerbee touched on the current “public health crisis” that stems from alcohol abuse, provided recommendations on how to curtail the high consumption of alcohol, then expounded on North Carolina’s control system, in which liquor retail stores are government-owned.

“Revenue generated per capita is around $30, while for non-control states it’s around $14.” He continued that “North Carolina is 44^th of all states in consumption rates and 7^th in revenue generated.” Ellerbee concludes that there would be negative repercussions if the state were to do away with its current system.

The forum’s final session highlighted the legal relevance of alcohol regulation and the differences between control system states and license system states. Brannon Denning, a Center Advisor and law professor at Samford University’s Cumberland School of Law, primarily focused on the significance of Toward Liquor Control right after prohibition and still today, given that it has “provided a road map on temperance, separation of the tiers, licensing and much more.”

Denning additionally updated attendees on recent court cases that are challenging the current system, such as Tennessee Wine and Spirits Retailers Association v. Thomas.

Closing the day, Neal Insley, Senior VP and General Counsel at the National Alcohol Beverage Control Association (NABCA), offered a comprehensive look at “control states” versus “license states.” Insley maintains that while both systems involve shared principles that help curtail problems to keep an orderly alcohol market, “control states tend to have much more control over issues such as pricing and receive more accountability from the state.”

When regulating, Insley emphasizes, “we need to acknowledge that alcohol is not an ordinary product, recognize the important role of science in informing and enforcing regulation, and find a balance between public safety and commercial interests.”

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 12th Annual Alcohol Law and Policy Conference August 25-27, 2019 in Boston, Mass. 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.

Alexandria, Va. – The Center for Alcohol Policy is pleased to announce that Nathaniel E. Moyer, an associate attorney at Harrison & Moberly, LLP in Indianapolis, has been named the winner of the Center’s 11^th Annual Essay Contest. The national essay contest is intended to foster debate, analysis and examination of alcohol policy.

To enter the contest, participants were asked to provide thoughtful responses to the following prompt:

The licensing of individuals and businesses that are involved in the commerce of alcoholic beverages is an important feature of state-based alcohol regulation. Why is licensing necessary for an orderly marketplace, what impact does it have on public health and safety and what are the benefits provided by licensing systems?

“This year’s essay contest gave participants the opportunity to remind us of the importance of strong licensing regulations on those engaged in the commerce of alcohol,” stated Brannon Denning, Center advisor and associate dean and law professor at Samford University Cumberland School of Law, “the winning essays all highlight the public health and safety benefits of this important enforcement tool.”

Moyer’s winning essay, “Drink Local, Think Regional: Implementing an Orderly Alcohol Marketplace Through State-Level Licensing,” argues that the modern licensing system has proven its legitimacy and capacity through accomplishing “the goal of curbing alcohol’s worst excesses while concurrently promoting safe and responsible consumption.” His paper details the harmful impacts of alcohol use, illustrates previous alcohol policy initiatives in America and their effects, describes lessons learned from those policy agendas, and finally dives into the licensing system that exists today and its benefits to the public.

Moyer concludes that the “local regulatory framework model embraced by the 21^st Amendment… has proven both durable and sustainable… The clear benefits of the current system should not be lightly disregarded, and wise policymakers will seek to preserve it.

Timothy Gervais, a Staff Tax Accountant at Tidwell & Associates in Rocklin, CA, was awarded second place with his essay, “Benefits of Alcohol Licensing: A Brief Discussion.” Gervais explained how the current “three-tiered licensing system of producers, distributors, and retailers provides a regulatory framework intended to: 1) provide safe alcohol to the consumer, 2) ensure that tax revenue from the sale of alcohol is returned to the state, and 3) discourage public over-consumption while mitigating the negative health and social effects of excessive alcohol intake,” but that meaningful regulation lies in implementation.

Shannon Auvil, a law clerk in Georgia, was awarded third place for her essay, “Creating Order for a Disorderly Product.” Her essay legitimizes the foundation for how alcohol is regulated today, expressing how “most effective public safety efforts are multi-faceted – they consider new technology, various audiences, education outreach, and creative ways to engage the public and make our communities stronger,” all the while being guided by those decades-old principals of an orderly marketplace.

The winning entrants received prizes of $5,000, $2,500 and $1,000 respectively.

Photo Downloads:

Nathaniel Moyer – First Place

Timothy Gervais– Second Place

Shannon Auvil– 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.

The Center for Alcohol Policy is pleased to announce that Chris Curtis, Deputy Secretary to the Board with the Virginia Alcoholic Beverage Control Authority (Virginia ABC), is the recipient of the Sixth Annual Leadership in Alcohol Regulation Award.

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ALEXANDRIA, Va. – The Center for Alcohol Policy has released a new report, “Fake IDs in America: Challenges of Identification and the Critical Need for Training,” authored by Susan Dworak, CEO of Real Identities, LLC. The report outlines current challenges posed by fake IDs, identifies best practices for verifying identification on alcohol sales, and proactive measures policymakers, regulators and licensees can take to protect against alcohol purchases with fake IDs. Dworak explains that as new technologies and consumer patterns evolve, age verification for purchasing alcohol and other regulated products becomes more challenging – and this is a serious problem for alcohol retailers and their employees as well as for communities and general public health.

“Less than 20 of the 50 states mandate a responsible vendor program and nearly half of those states do not mention ID checking as part of the required curriculum,” explains Dworak, highlighting the need for robust server and gatekeeper training as the number one defense against the fraudulent purchase of alcohol with a fake ID. On the issue of reliance on ID scanners, Dworak points out that scanners cannot detect fraudulent behavior with borrowed or stolen real IDs and that magnetic strips on licenses are easily manipulated. Dworak urges, “[w]e must consider the extent to which we allow convenience to play a role in regulation or enforcement in the protection of society.”

The report also discusses the evolving retail landscape, where online ordering, third-party deliveries and shipments, self-checkout and cashier-less checkout can make ID verification for the purchase of alcohol even more of a challenge. “Regulations need to address all parties involved in the ordering, selling, purchase, and delivery of alcohol,” Dworak continues, “regulations can be drafted to withstand change with universal principles.”

Dworak will share her report in a panel, “Brave New World of Age Verification,” at the 11^th Annual Alcohol Law and Policy Conference taking place Oct. 9 – 11 in St. Paul, Minn. See the Conference’s webpage to learn more about the annual conference.

You can find the full report here.

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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 the Center’s website or follow the Center on Twitter.

ALEXANDRIA, VA –The Center for Alcohol Policy is joining organizations across the country in April to recognize Alcohol Awareness Month, a nationwide campaign that raises awareness of the problems that alcohol abuse can cause for individuals, their families and their communities.

“Alcohol Awareness Month is a reminder that alcohol is unique and that policymakers, regulators and the public need to be educated on responsible consumption,” said Jim Hall, former chairman of the National Transportation Safety Board and current member of the Center’s Advisory Council. “The Center for Alcohol Policy is committed to providing research and educational programming toward this end.”

“The 21^st Amendment to the U.S. Constitution repealed Prohibition in 1933 and established today’s effective system of state-based alcohol regulation,” Hall continued. “And the public supports today’s regulatory system. The Center’s recent national opinion poll found that over 80% of Americans are in support of the existing system for purchasing alcohol in their state and support the state’s ability to regulate alcohol.”

The most recent 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 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.

The Center’s annual alcohol law and policy conference is one program that highlights alcohol’s unique attributes and the need for its effective regulation. It brings together a wide range of experts in the field of alcohol law – including attorneys, current and former alcohol regulators, state legislators, academic thought leaders, public health advocates and other experts – to discuss and debate current alcohol laws and challenges. The Center’s 11th Annual Alcohol Law and Policy Conference will be held Oct. 9 – 11, 2018, in St. Paul, Minn.

The Sixth Annual Leadership in Alcohol Regulation Award, which recognizes the work of alcohol regulators who oversee the alcohol industry and promote public safety, will be awarded during the conference. Nominations will be accepted until July 20, 2018.

Visit www.centerforalcoholpolicy.org to learn more about the Center’s programs and initiatives.

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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 is pleased to announce that Joseph Uhlman, a third-year law student at the University of Kansas School of Law, has been named the winner of its 10^th Annual Essay Contest. The national essay contest is intended to foster debate, analysis and examination of alcohol policy.

To enter the contest, participants were asked to provide thoughtful responses to this:

The Supreme Court has recognized “temperance” as a permissible goal of state alcohol regulation. Define temperance as it would apply in today’s alcohol marketplace. Is it still relevant today? Should temperance still be recognized as a permissible goal of alcohol regulation?

Center for Alcohol Policy Advisory Council member and Samford University Cumberland School of Law Professor Brannon Denning said, “We can learn much 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,” Denning continued. “This essay contest offers the opportunity to continue the examination of how alcohol regulations remain relevant today.”

Submissions were received from across the country, California to Florida and Oregon to New Hampshire; from high school and college students to law school students; and from a diverse set of professions ranging from paralegal to registered nurse to a martial arts instructor.

Uhlman’s winning essay, “The Syntax of the Sin Tax: Why Redefining Temperance Will Promote Defensible Alcohol Legislation in Today’s Marketplace,” presented a case to redefine temperance in recognition of the evolving alcohol marketplace and current society. “… If we accept that temperance as a modern concept is alive and well, then we can redefine it to reflect its current place in society,” Uhlman explained. “But the current state of temperance is unwell,” Uhlman continued, “To revive temperance’s standing in both the public eye and in the courts, a reliable legal definition is needed that addresses both modern social concerns about alcohol while comporting to changes in technology and commerce that impact its use and distribution.” Uhlman asserted that redefining temperance “would be a major win for temperance advocates, because it takes a currently ambiguous term of art that the Supreme Court has recognized as Constitutionally important and redefines it on solid ground.”

Uhlman concluded, “To keep temperance relevant in today’s world, and to protect the modern goals of temperance in the courts, it should be redefined as: policies and laws that promote moderation in the use of intoxicating drink for the purpose of promoting health and safety.”

Timothy Gervais, a high school librarian at John Adams Academy in Roseville, Calif., was awarded second place for his essay, “A Return to Temperance: Regulation, Cultural Change, and Private Temperance in the Modern Age.” Gervais explained, “The idea that individuals should moderate consumption of alcoholic beverages to mitigate negative health and societal issues is far from a radical religious claim.” Noting how public health has improved because of temperance efforts, the essay concluded, “If Prohibition was a failure, Prohibitionism was a forgotten triumph.”

Henrik Born, a third-year law student and Senior Articles Editor of the Journal of Law and Business at New York University School of Law, was awarded third place for his essay, “What’s in a name? A Study of Temperance in American History and a Proposal for Redefinition.” The essay explained how a balanced definition of temperance should be backed by research and promoted through education of the public health and safety risks of unchecked alcohol consumption. Henrik concluded that, “…balanced temperance requires a multi-faceted approach to regulation that starts with a stronger emphasis on research.”

The winning entrants received prizes of $5,000, $2,500 and $1,000 respectively.

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

Photo Downloads:

Joseph Uhlman – First Place

Timothy Gervais – Second Place

Henrik Born – 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.

21^st Amendment Repealed Prohibition and Launched Today’s State-Based Alcohol Regulatory System

Alexandria, Va. – On Tuesday, Dec. 5, the Center for Alcohol Policy will commemorate the 84^th  anniversary of the ratification of the 21^st Amendment to the United States Constitution. On that date in 1933, Prohibition ended in the United States when 36 states (the requisite three-fourths majority of the then 48 states) ratified the 21^st Amendment to the United States Constitution, thereby repealing the 18^th Amendment which began Prohibition in 1920.

For more than 80 years, the United States and its citizens have benefited from a state-based system of alcohol regulation, established following ratification of the 21^st Amendment, which gives each state the primary authority to enact and enforce alcohol laws consistent with the desires and needs of its citizens.

“The repeal of the failed, one-size-fits-all policy of national Prohibition was not the end of the story – it’s where the story of today’s successful system began,” said Mike Lashbrook, executive director for the Center. “The 21^st Amendment recognized that alcohol is a unique product that is best controlled by individual states, and it provided a solution that continues to be effective today.”

“The state-based system of alcohol regulation has been extremely effective at supporting a competitive marketplace while at the same time promoting public safety,” Lashbrook continued. “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.”

According to a recently released national poll commissioned by the Center, 89% of adults agree that it is very important to keep the American alcohol industry regulated and 81% of Americans are in support of the existing system for purchasing alcohol in their state and support the state’s ability to regulate alcohol.

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 including inexpensive safe (in a quality control context) alcohol beverages thereby negating the demand for fake alcohol (except for moonshine).”

Visit the Center for Alcohol Policy website to watch a video about the origin of America’s state-based alcohol regulatory system and to learn about the Center’s republication of Toward Liquor Control, written in 1933 to help guide alcohol policy in the states post-Prohibition. The website also features national polling research on Americans attitudes toward alcohol regulation and a guide to the basics of alcohol beverage control for new state alcohol regulators.

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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.

The Center for Alcohol Policy released a new report, “Combatting Fake, Counterfeit, and Contraband Alcohol Challenges in the United Kingdom through the Alcohol Wholesaler Registration Scheme (AWRS),” authored by Robert Tobiassen, the former Chief Counsel at the Treasury Department’s Alcohol Tax and Trade Bureau.

The report is a follow up to his 2014 report, “The ‘Fake Alcohol’ Situation in the United States: The Impact of Culture, Market Economics, and the Current Regulatory Systems,” that examined the high number of incidences of fake alcohol in countries around the world, compared to the low number of incidences in the United States. The 2014 study found a large number of incidences of fake alcohol in the U.K., which is noteworthy as the major difference between the United States and U.K. is the structure of the alcohol regulatory system. Since the 2014 study, the U.K. has adopted the AWRS to combat fraud, tax evasion and fake alcohol. The adoption of the AWRS by the U.K. recognizes the importance of registered wholesalers in the alcohol industry and the increased accountability they provide to ensure the path for legitimate alcohol products.

The 2017 report summarizes the processes and considerations for the adoption and implementation of the AWRS in the U.K. and examines the critical importance of a domestic distribution system as sound regulatory policy. Tobiassen explains the U.K.’s annual loss of approximately £1.2 billion ($1.5 billion) in excise duty as largely due to a “weaknesses in the distribution system,” now addressed by the AWRS. “The public evolution and formal adoption of the AWRS shows the importance of regulatory controls over the wholesale activity in the effort to combat fake, counterfeit, contraband and illicit alcohol,” concludes Tobiassen.

In the report, Tobiassen suggests that as the U.K. refines and improves this new system, it “consider lessons from the United States’ experience in the distribution of alcohol,” especially the independence of suppliers, wholesalers and retailers in a three-tier system.

Recent polling by the Center for Alcohol Policy highlights that public safety and concerns about proper alcohol regulation are most important to the American public. This includes 81 percent support for the required use of wholesalers. The Tobiassen report highlights the U.K. activities in the distribution of alcohol that serve as a contrast to the effective, accountable and working system of alcohol regulation in the United States.

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

Alexandria, Va. – This Constitution Day, celebrated annually on Sept. 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, associate dean 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.

Alexandria, Va. – The Center for Alcohol Policy hosted its 10^th Annual Alcohol Law and Policy Conference September 6 – 8, 2017, at the Hyatt Centric Chicago Magnificent Mile in Chicago, Illinois. The conference was attended by a record-setting crowd with representation from 34 states and Washington, D.C. 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 current alcohol laws and challenges.

President of the National Association of Attorneys General and Kansas Attorney General Derek Schmidt delivered a keynote address on the role state attorneys general play in policy debates about alcohol and the state’s role under the 21^st Amendment. Attorney General Schmidt reflected on our nation’s history with alcohol regulation and the fact that a century ago, problems associated with alcohol misuse dominated the headlines and national debate. He observed that today’s lack of negative headlines and a more rational debate about alcohol regulation is a tribute to conference attendees and current regulation in the states.

Results of the Center’s 2017 national survey on the public opinion of alcohol regulation were also reviewed by pollster Lori Weigel of Public Opinion Strategies. According to the poll, four-in-five Americans support individual states’ ability to regulate alcohol. Additionally, Americans overwhelmingly believe that public health and safety issues should be the priority of their local policymakers when crafting alcohol regulations. An analysis of the survey’s key findings is available on the Center’s website.

During the conference, the Center announced Kathie Durbin, chief of licensure, regulation and education at the Montgomery County, Maryland, Department of Liquor Control, as the recipient of the Fifth Annual Leadership in Alcohol Regulation Award. The award recognizes the work of alcohol regulators who oversee the alcohol industry and promote public safety.

Other highlights of the conference included: Dr. Joseph Kolly’s presentation on impaired driving trends as Chief Safety Scientist of the National Highway Traffic Safety Administration; Indiana Solicitor General Thomas Fischer’s insights on the court challenges to alcohol regulation in his state; Donovan Borman, executive director of the Illinois Liquor Control Commission, reviewing Illinois’ efforts to crack down on illegal smuggling of alcohol; and drug abuse policy expert Jonathon Caulkins of Carnegie Mellon detailing the status of marijuana legalization and the resulting regulatory challenges.

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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.

Kathie Durbin of the Montgomery County, Maryland, Department of Liquor Control receives Leadership in Alcohol Regulation Award.

Alexandria, Va. – The Center for Alcohol Policy is pleased to announce that Kathie Durbin, chief of licensure, regulation and education at the Montgomery County, Maryland, Department of Liquor Control, is the recipient of the Fifth 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 10^th Annual Alcohol Law and Policy Conference, in Chicago, Illinois, last week.

“The Center for Alcohol Policy appreciates that alcohol regulators are on 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 an alcohol regulator and police chief. “This award highlights effective best practices that may serve as examples to alcohol regulators in other states.”

“What stood out to me is Kathie’s tireless energy and enthusiasm to oversee such a densely populated and diverse jurisdiction,” continued Oliver. “Montgomery County is incredibly demographically diverse with more than 140 languages spoken. Kathie has helped to develop and manage bi-weekly alcohol regulatory trainings for more than 1,000 servers and sellers of alcohol annually. Since Kathie was named division chief at the department in 2003, she has made giant strides to promote educational training for employees at the more than 1,000 licensed establishments and 1,000 licensed special events every year, as well as communication between community leaders, businesses, law enforcement and regulators.”

Durbin oversees many educational resources that not only protect public safety, but also improve the business environment in the county. She helped to establish the Alcohol Law Education & Regulatory Training (A.L.E.R.T.) program, offered by the department twice a month, at no cost to attendees to improve compliance with alcohol laws; a revamped Compliance Check program; and a Mystery Shop program, among others.

Durbin is known for her fair and consistent approach to alcohol regulation and willingness to work with all stakeholders, including the public health community, law enforcement, businesses and other regulators to improve public safety. Spearheading the Annual Maryland Alcohol Forum, Durbin brings together alcohol license administrators and law enforcement to discuss policy priorities, trends in public health and licensing and enforcement best practices.

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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; award recipient Kathie Durbin; 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.

Center for Alcohol Policy releases survey shows support for effective regulation of alcohol

Alexandria, Va. – According to a recently released national poll commissioned by the Center for Alcohol Policy, four-in-five Americans support individual states’ ability to regulate alcohol. The poll results also show that 93% of respondents believes drunk driving problems remain an extremely or very serious problem, a number surpassing concerns about opioid abuse which has dominated the nation’s headlines recently. Binge drinking and underage drinking are seen as  extremely to very serious problems, as well, at 78% and 73% respectively.

According to the survey, Americans overwhelmingly believe that public health and safety issues should be the priority for their local policymakers when crafting alcohol regulations.

“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. “Policy makers need to stay focused on the public’s concerns over alcohol misuse and demand for responsible regulation.”

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.
• Four-in-five Americans agree that since alcohol is different, it requires a different set of rules, and states should regulate it.
• 86% support the legal drinking age being set at 21.

Additionally, Americans believe that alcohol laws need to prioritize public health and safety. 

• A clear majority of Americans still see alcohol-related issues as serious problems in this country – drunk driving at 93%, binge drinking at 78% and underage drinking at 73%.
• Alcohol misuse problems are on par with or even exceed other more highly publicized problems: 93% of Americans believe driving under the influence of alcohol is a extremely/very serious issue, while opioid abuse is viewed by 88% as extremely/very serious.
• 80% agree that getting rid of alcohol rules, regulations and safeguards could make the problem worse as parents, police officers and retailers already have a difficult challenge keeping alcohol out of the hands of minors.
• Health and safety issues are much higher priority than economic issues when it comes to crafting alcohol regulation. Americans agree the following health and safety issues are the top priority: reducing drunk driving (77%), protecting health and safety (70%) and reducing underage drinking (62%), over economic issues such as allowing more businesses to sell alcohol (19%), lowering prices for alcohol (22%) or giving consumers more choices (28%).

Americans are satisfied with the existing system and are very happy with the variety of alcohol options currently available to them.

• 81% of Americans are in support of the existing system for purchasing alcohol in their state and support the state’s ability to regulate alcohol.
• The vast majority of Americans do not believe the regulations are too restrictive. 72% believe that the regulations are too lenient or about right.
• 81% expressed support for the regulations requiring producers of alcohol to sell product to independent distributors who in turn sell to individual retailers (commonly referred to as the three-tier system).
• 90% of adults agree that it is easy to find a wide variety of beer, wine and liquor in their community.
• 79% agree that there are more local and craft beers and liquor available in their community today than ever before.

The national survey of 1,000 adults at and over the age of 21 was conducted using an online methodology by Public Opinion Strategies, on behalf of the Center for Alcohol Policy on July 20 and 24-27, 2017.  The confidence interval is ± 3.5%.

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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.

View the key findings from the Alcohol Policy Survey.