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June 29, 2007

The Beer and Wine Law Reformer -- Issue #7

In This Issue...

Wine Legislation
Beer Legislation
Grocery Store Sales
Sunday Sales
Only in Maryland....
Upcoming Events
Join the Fight

July 1 is the day that many of Maryland's recently passed beer and wine laws take effect, so we thought we better tell you what you have to look forward to. Unfortunately, a number of good bills didn't get passed this year, so we'll go ahead and give you the bad news about those bills too. Here goes....

Wine Legislation

Wine at Farmers' Markets Rejected; MD Wine Hits Montgomery; No Direct Shipping in '07

Maryland Wine Sales at Farmers' Markets Rejected

The liquor store lobby and distributors came out in full force this year to kill HB 522, which would have helped Maryland wineries immensely. The bill would have allowed Maryland wineries to have 18 winery special event permits in a year (currently only 12 are allowed), and to use 5 of those permits in the same county (currently only 3 can be used in the same county). The bill would have also increased the number of bottles that could be sold to a consumer at one of these events to 12, up
from four. Most interestingly, the bill would have allowed Maryland wineries to participate in an unlimited number of farmers' markets, where samples could be provided and bottles sold, but wine by the glass would not have been permitted. The bill received an unfavorable vote in committee and it is unclear if a similar bill will be introduced next year.

Maryland Wineries to Self-Distribute in Montgomery County

Montgomery County has a horrible reputation among wine drinkers because quality wines are typically
much more expensive in restaurants because the county-owned distributor must special order and greatly mark up the price of wines it doesn't typically carry. That problem will be a thing of the past for Maryland wines now that Maryland wineries will be allowed to self-distribute their own wines to Montgomery County restaurants and retailers. HB 614 essentially applies to Montgomery County the law that was passed in 2006 allowing Maryland wineries to self-distribute their own wines throughout the rest of the state. The bill, considered an emergency measure, went into effect upon Gov. O'Malley's signing on April 10.

No Direct Shipping Bills Introduced in 2007

The worst news for 2007 was that no direct shipping bill was introduced. Unfortunately the general consensus was that the General Assembly had too many new members for the passage of the bill to be likely. With a little education this summer and fall, we think a direct shipping bill in 2008 could be a winner. We'll keep you posted.

Beer Legislation

Beer Tastings for Howard Co.; More Tastings in Baltimore Co.

Beer Tastings Legalized in Howard County

Beer lovers in Howard County get your mugs frosted up: beer tastings will be legal in your county beginning July 1. The General Assembly unanimously approved HB 1089, which was sponsored by the Howard County delegation. Previously only wine tastings were allowed in liquor stores in the county. The bill simply changed the license to a Beer and Wine Tasting License, which costs retailers $100 per year. You will be limited to drinking no more than 3 ounces per
brand and a total of 8 ounces for all brands at a tasting.

Beer, Wine (and Liquor) Tastings Greatly Expanded in Baltimore County

Thanks to the work of Sen. Bobby Zirkin, Baltimore County residents will now be able to sample more beer and wine before purchasing, and for the first time will be able to experience liquor tastings at liquor stores. SB 507 establishes a 12-day, 26-day, and 52-day tasting license for holders of Class A (on
premise) licenses in Baltimore County. The legislation takes effect July 1.

Grocery Store Sales

No Major Bills in 2007; County Point-People Needed

No County or State Grocery Store Bills Introduced in 2007

Another big disappointment this legislative session was that no bills were introduced to allow grocery
store sales of beer and wine, either countywide or statewide. One bill, HB 939, would have allowed a grocery store in the new waterfront entertainment complex on the Potomac in Prince George's County to obtain a beer, wine, and liquor license. Unfortunately the bill did not pass.

Want Grocery Store Sales of Beer and Wine in Your County? We Can Help

Are you interested in spearheading an effort to get a bill introduced in 2008 to allow grocery store sales of beer and wine in your county? Drop Scott an email at scott-at-betterbeerandwinelaws.org and he'll help you out.

Sunday Sales

Carroll County Restaurants Can Start Serving at 11am on Sundays

Brunch lovers in Carroll County have something to celebrate: they can now have their mimosas and bloody marys beginning at 11am on Sundays. The Carroll County senatorial delegation sponsored the legislation (HB 1228), which applies to alcohol sales in restaurants and hotels with a Class B license. The law goes into effect on July 1.

Only in Maryland....

Tables and Chairs for Frederick Cellars; Alcohol Licenses for Holy Family and Damascus Fire Depts

Every year a slew of alcohol laws are passed in Maryland that border on the absurd or are so local in nature one has to ask oneself, "Why is it necessary for this law to be considered by the full state legislature?" Here is a sampling of such laws from the 2007 legislative session.

Frederick Cellars Gets Legislature's Permission to Put Tables and Chairs in Winery

Due to an arcane conflict between state and county law, Frederick Cellars had to go to the legislature this year to get permission to have tables and chairs in the winery for tour patrons. According to the bill summary, HB 320 "Allows in Frederick County a holder of a limited winery license to provide tables and chairs on the premises of the licensed facility for the sale, by the glass, of wine and pomace brandy made at the facility to a person who participates in a guided tour of the facility." Only in Maryland.

Holy Family Catholic Community Approved to Sell Alcohol in Frederick

Another bill out of Frederick County was HB 195, which "authorizes Holy Family Catholic Community in Frederick County to obtain a special license for the sale of alcoholic beverages; specifies that the net proceeds from the sale of alcoholic beverages be used to fund building construction or for charitable purposes." We don't have a problem with the Catholic Community getting an alcohol license, but why do legislators from across the state have to spend their time on legislation of such local interest?

Damascus No Longer Dry! Fire Departments to Make Town Wet
It appears that residents of Damascus will finally have a place to get a drink -- the volunteer fire departments. Damascus used to be a dry town in Montgomery County where "a license for the sale of alcoholic beverages ... may not be issued for the sale of alcoholic beverages." (Article 2B, Sec. 8-216) That was before
the passage of HB 618, which authorizes the Montgomery County Board of License Commissioners to issue a special 7-day Class C beer, wine and liquor license to any volunteer fire department in Demascus. Once again, it's not clear why every legislator in the state needs to vote on such things, but such is the state of alcohol regulation in the Free State. Flaming Dr. Peppers at the next volunteer fire department fundraiser in Damascus anyone? Law goes into effect July 1.

Upcoming Events

A full listing of wine festivals and winery events is provided by the Maryland Wineries Association.

Join the Fight

We Need You for Better Beer and Wine Laws

We're a low-budget, volunteer, grassroots kinda organization, but we understand that everyone's gotta make a buck. Then again, why don't we both make a little money!

Help organize a fundraiser or establish business relationships for Marylanders for Better Beer and Wine Laws and you can take home 25% of the proceeds.

The more people and donations you bring in for us, the more money you make too.

MBBWL also needs the help of good ol' fashioned, unpaid volunteers. Here's where we could use some
extra hands:

County chapter director: Want to change your county's beer and wine laws? Want to take the lead? Let us know.

Data entry: we collect contact info from hundreds of people at wine and beer festivals and we need to get them into our database.

Tabling and community outreach: Are you a people person? Do you love meeting and talking to new people and pontificating on the evils of the 3-tier system? Then you would love working at our booth at beer and wine festivals.

Phone tree organizer: Are you a phone person? An organizer? When the legislature starts up next year, we need people like you to make the phone lines light up at the legislature and set up meetings with elected officials.

Writers and researchers: We need help developing our lobbying packets and public education materials. If
you like to write and do legal research, let us know.

Public speakers: We want the legislature to hear the consumer's voice instead of just hearing from the alcohol industry and wealthy special interests. Let us know if you can take a few hours out of your busy day to give your elected officials a piece of your mind.

If you or your friends are college students and over 21, we're happy to take you on as an intern. You can work out of your house, but it would help if you had a car so we can send you down to Annapolis.

If you're interested in any of these opportunities, contact Scott Ehlers at scott_at_betterbeerandwinelaws.org. Please put "volunteer" in the subject line.

June 03, 2007

Great Washington Post Feature on Maryland Wineries

Sunday's Washington Post travel section featured a wonderful article about Maryland and Virginia wineries. "Vintage Shopping, Close to Home" featured the Maryland wineries of Loew Vineyards, Elk Run Vineyards , and Berrywine Plantations/Linganore Winecellars in Mt. Airy, Frederick Cellars in Frederick, and Sugarloaf Mountain Vineyard in Dickerson. An excerpt:

Let's be honest: The state is more associated with crabs and beer than wine and cheese. Its winemakers can't compete with the big-time producers on the West Coast, or even the medium-size guys one state to the south. According to 2006 figures from WineAmerica, the national association of American wineries, Maryland churned out fewer gallons of wine (230,163) than New Mexico (535,376) and not much more than Colorado (206,497) or Tennessee (204,607). And don't expect to find any Gallo malls here: Most of the state's operations are small-scale and family-run. Staffs of two to four, plus the neighbor's kid, are common. But that doesn't seem to faze Maryland's ardent wine operators, or dampen their passion.