I’m just going to come clean. I have little to no understanding of our alcohol distribution laws. I know that the laws are usually contained in Title 7.1 of the Indiana Code. After that it gets pretty hazy. (Insert alcohol induced memory loss joke here.) My suspicion is that many of my difficulties stem from our alcohol laws not being terribly rational.
In any event, the Senate passed HB 1037 without amendments on a 49 – 1 vote (Senator Kenley was the “no” vote) and returned it to the House.
The digest reads as follows:
Product transfer between beer wholesalers. Provides that a primary source of supply that acquires brands of beer or flavored malt beverages: (1) shall reappoint the existing beer wholesaler to distribute the brands; and (2) is prohibited from transferring the brands to another beer wholesaler; if the brands represent at least 15% of the existing wholesaler’s dollar sales in the 12 months preceding the acquisition. Requires a primary source of supply that acquires brands of beer or flavored malt beverages to give a beer wholesaler notice of the primary source of supply’s intent not to reappoint the wholesaler not later than 60 days after acquisition of the brands.
Actually, I guess this one isn’t terribly difficult. It is apparently protecting beer wholesalers when, I suppose, a brewer gets acquired and the successor wants to use a new wholesaler, reduce the existing wholesaler’s territory, or offer less money
But why is this a concern that needs to be addressed by state law?
Couldn’t these issues be addressed by contract between the parties involved?
The state legislature didn’t have time to act on alcohol laws like allowing carry-out sales on Sunday. It’s only when monied interests are pulling the strings that laws seem to get passed. If I’m guessing, the reason Sunday sales are still illegal, and were not discussed in the 2009 legislature, is that bars, restaurants, and liquor stores are pushing for that position.