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Two state senate bills regarding alcohol are creating a buzz in Indiana.
One proposed senate bill (SB 317) would restrict the number of establishments that can sell alcohol.
The other proposed senate bill (SB 377) would expand the ability of grocery stores to sell hard liquor.
According to www.projectrad.org, SB 317 defines a "grocery store" as a store or part of a store commonly known as a supermarket, food store or grocery store that is engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry and has sales of food for human consumption that are at least 50 percent of the store's food and nonalcoholic beverages sales and is equal to at least $500,000 per year.
SB 377 defines a "grocery store" as any retailer selling any kind of "packaged food directly to the consumer for off-premises consumption." The bill also then defines a "major" grocery store to expand hard liquor sales. A "major" grocery store would be defined as having at least 10,000 square feet of retail space and have gasoline sales that comprise less than 10 percent of the store's total gross sales. Currently, law allows only package stores and pharmacies to sell hard liquor. Under SB 377, however, many other retailers would be able to qualify to sell beer, wine and liquor with minimal food sales.
Projectrad.org estimates that the new definition under SB 377 could expand permits in Indiana from 1,329 to 4,102, with approximately 51 of those being in Kosciusko County.
John Livengood, president of the Indiana Association of Beverage Retailers, which represents package liquor stores, said package liquor stores were built on the public policy of limiting alcohol sales. When that policy is threatened, package liquor stores are threatened. SB 377 will increase the availability of liquor, allowing any business with minimal food sales to sell it. Meanwhile, SB 317 goes in the other direction and protects the public policy of limiting alcohol sales.
"We're very concerned 377 was even filed, let alone they went out and hired every lobbyist in Indianapolis. We're outnumbered 30 to 1," Livengood said. He said they will fight SB 377 though because if it passes, package stores will be put out of business.
"It's just a bad idea all around," said Livengood. Neighborhood associations and mayors are all on the side of the IABR, he said, and hopefully that will prevail against the large corporations who want to expand hard liquor sales.
Sen. Tom Wyss, R-Fort Wayne, a sponsor of SB 317, said most of the state legislation regarding drinking and driving was carried by him.
He said after years of struggle, he helped pass legislation to reduce the legal blood alcohol standard for driving while intoxicated from 0.1 to 0.08. The issue is not one of supporting one side of the issue or the other, but of "good public policy."
Now, that "good public policy" is controlling the least regulated businesses that sell alcohol - grocery stores, he said. Grocery stores were allowed years ago to sell beer and wine. But the question has arisen in the past years as to what a grocery store is, Wyss said, and they are less regulated than a liquor store or tavern. His SB 317 defines what a grocery store is.
The $500,000 per year nonalcoholic beverages and food sales minimum could hurt "mom-and-pop" stores, so Wyss said it might be a good idea to grandfather those in. But future such stores wouldn't qualify.
There are several reasons Wyss said he is behind SB 317 and opposed to SB 377. First, he said, if convenience stores are able to sell hard liquor, underage employees may be tempted to sell liquor to their underage friends. Neighborhoods, cities and counties don't need that and don't want that, he said. Convenience stores can now sell only beer and wine.
As for SB 377, Wyss said what people don't understand about that bill is it redefines grocery stores to allow for hard liquor to be sold there if they are larger than 10,000 square feet in size. The public, he said, wants hard liquor to be more regulated than less regulated.
"It's the idea that, 'do we need hard liquor to be sold on every corner?'" Wyss said.
"I totally oppose (SB 377) and I will oppose it on the floor," Wyss said.
He added that just because more places are able to sell alcohol, that doesn't mean more alcohol will be sold.
The problem is not of a competitive nature, but the temptation for young people who work at convenience or grocery stores to sell it to their friends and for young people to buy it.
Wyss said, "I've worked too hard on the drinking and driving legislation to save kids' lives .... I don't want to see something expanded" that will put kids more at risk.
The Senate Commerce and Consumer Affairs Committee will hear testimony about SB 377 Tuesday at 9 a.m. in the Senate Chambers. SB 377 is sponsored by Sen. Greg Server, R-Evansville, and Sen. John Broden, D-South Bend.
Several attempts to reach Broden by telephone were unsuccessful.
On the net:
www.in.gov/legislative
www.projectrad.org
www.udetc.org
www.drugs.indiana.edu
ojjdp.ncirs.org
