BEER IN GAS STATIONS!!! No, it's not, and Wolf had nothing to do with it

Everyone's losing their minds because Pennsylvania gas stations can now sell beer, and Governor Wolf made it happen. We saw headlines like this (exclamations added..):

Pennsylvania Liquor Control Board Approves 6-Pack Sales At Gas Stations!
Pa. Liquor Control Board allows gas stations to sell 6-packs!
Gas and brews: Pennsylvania Liquor Control Board approves beer sales at gas stations!
Pennsylvania Finally Catches Up With The Rest Of America, Legalizes Selling Six-Packs Of Beer At Gas Stations!

No, no, and no. Gas stations near you probably still won't be selling beer (without jumping through ridiculous hoops first) and Governor Wolf had nothing to do with it. It's just one more chunk of pathetic bullshit from Harrisburg, designed to dazzle and placate you and keep your mind off how crappy the booze sales system in this state is. Allow me to explain.

First? This is about nine gas stations in the entire state which bought existing licenses (of various types; that's explained quite well here if you're interested) -- like the supermarkets that are "allowed" to sell beer 12 bottles at a time -- and just wanted to have those licenses approved...because, of course, the Almighty Liquor Code actually "prohibits the sale of liquid fuels or oil by licensees."

Just add beer...sorry, not allowed in Pennsylvania!

So that means that the Board is once again ignoring the law ("The board shall refuse any application for a new license, the transfer of any license to a new location or the extension of any license to cover an additional area where the sale of liquid fuels or oil is conducted"), just like it did last year when it said a 12-pack is a case. ("No distributor or importing distributor shall sell any malt or brewed beverages in quantities of less than a case or original containers containing one hundred twenty-eight ounces or more").

Now, I'm all in favor of ignoring the Almighty Liquor Code myself; I do it all the time by running to NJ for booze. But it's one thing when I do it; it's completely something else when the state regulatory agency in charge of enforcing and interpreting The Almighty Liquor Code is doing it. This kind of arbitrary decision leads to madness and badness.

What kind of badness? Realize this: every time one of these gas stations buys a license, that's a bar license (R license, "deli" license, or a straight-up D distributor license; they're buying whatever they can get their hands on) that's out of circulation for years, not being used as intended. Ordinarily, I'd say, who cares? But this is Pennsylvania, where the number of bar licenses is limited by population: 1 license per 3,000 people per county. Then realize that bar and deli licenses, unlike every other kind of license, can be bought and sold on the open market for whatever the market will bear, and you see that every gas station and supermarket that buys a license makes the price of other licenses higher. And that means fewer start-up bars, more chain restaurants, and more high-end expensive bars...and more bars that are likely to try to sell as much booze as possible to make that monthly payment on the license. Not good. I wrote about that here. What else? Well, how about...the Board can easily play favorites, because they can decide the next batch of applications don't get approved, and they don't have to give any reason, nor are they bound by precedent...because that's how the PLCB works. Every ruling stands on its own. Period.

It would be much better to have a new license for retail beer sales, without the stupid 12-pack restrictions and separate register foolishness, than to continue to do this workaround. But that would require the Legislature to do something, and that would upset the tavern owners AND the beer distributors...even more than this is.

To my pleased surprise, the decision also was not well-received by the Brewers of Pennsylvania, who responded -- correctly!-- that "To truly “free the six-pack” as Governor Wolf requested from the PLCB, then the future call to action must be to allow six-packs to be sold in many more businesses than just gas stations... To truly achieve consumer convenience as well as provide for a variety of purchasing options for consumers, the BOP highly recommends allowing six-pack sales in all channels of trade. Doing so would immediately benefit all small craft beer producers in Pennsylvania..." BOP president Bill Covaleski (of Victory Brewing) told me "the consumer is at the forefront of our thinking. We are headed in the direction of the consumer, we need them to tell us where that is." He noted that "where that is" clearly seemed to be in every grocery store and convenience store. It's refreshing to see that the brewers get what the Legislature doesn't: the consumers should be considered first, not the special interest groups.

Second? Once again, this is about nine gas stations in the entire state. It does NOT mean "gas stations can sell sixpacks." You won't be seeing beer at every Wawa anytime soon, especially not in southeast Pennsylvania, because bar licenses are really freakin' expensive here; like around $400,000 in Montgomery County. So why is everyone so excited? Because Governor Wolf made a big deal about this.

Yay me! I wroted a letter!

Third? What does Governor Wolf have to do with it? Nothing but shameless self-promotion, that's what. Wolf heard that the PLCB was about to vote on these applications, and like everyone else in Harrisburg, he knew the PLCB was likely to say yes. So he sent them a letter asking them to do that as a favor to his friends, the people of Pennsylvania, and then made a big stinking deal out of it when they approved the applications. As a friend of mine said, tomorrow Wolf will send out a press release predicting the sun's gonna rise in the east, and he'll be two for two!

Did anyone know Wolf was a big supporter of "free the six pack"? No, you didn't, because "Free the six pack" was just something Wolf hitched his wagon to the day before the PLCB was going to approve these piddling nine applications. He's an opportunistic fraud.

To recap: not much has changed; Wolf had nothing to do with it; and this is still a terrible way to change things. As I've said for years, the arbitrary nature of the PLCB and the byzantine impenetrability of the Almighty Liquor Code make for an ever-worsening situation here.

So when you don't see beer at your local gas station...remember this, will ya? And tell your legislators to Rewrite The Code, with you in mind, not the unions and the beer distributors and the tavern owners and the convenience stores and Pat Deon. It's the only way we'll ever change this.

We need more state-paid cashiers

Here's a radical suggestion: we need more state-paid cashiers...to sell gasoline.

Why? Just think about it.

• Gasoline is dangerous, the root cause of  5,687,000 accidents. We need to have unionized state store clerks sell us this product.
• Gasoline is flammable. The public shouldn't be trusted to handle such an item. Only state clerks with non-industry recognized training should be allowed to dispense it.
• Admittedly, the sale of gasoline has no age limit, but only state clerks are able to determine if they should sell it to you.
• Gasoline prices are higher in Pennsylvania than surrounding states and state clerks are well-versed in explaining that kind of difference.
• Gasoline fits within the knowledge base of state retail clerks: there are only three types, plus diesel, to know about.

The service, knowledge, selection, and pricing
we've come to expect from state-run stores!

Once the Fine Fuels and Good Gas Stores are established, Pennsylvania consumers will experience a new type of automotive service, like no other place on earth!

• All Fine Fuels and Good Gas  Stores will look the same and carry the same products: gasoline, and diesel fuel, along with a small number of car magazines and small accessories, like those pine tree air fresheners. If you need oil or transmission fluid, you will be able to buy them somewhere else. You may be allowed to buy a lottery ticket there...someday.
• Specialty gasoline, like aviation gas or racing fuel, will only be sold where the state deems it necessary, which is not necessarily where it might be needed most.
• Premium gasoline will be available in a limited number of Premium Selection Fine Fuels and Good Gas locations.
• The Fine Fuels And Good Gas website will tell you where to go to get gas (but not how to get there or how far away it it is).
• There will be approximately 600 Fine Fuel and Good Gas Stores, a huge savings over the current number of gas stations in Pennsylvania (approximately 630,000). Overall operating costs will remain about the same (due to the higher staffing numbers and higher pay and benefits than in any other gas station in the world), but supply and real estate costs will be much lower (and paid for by the Oil City Flood Tax). 
• Unlike so-called "convenience stores" in other states, you will not be allowed to buy any soda, water, chips or any other snack at Fine Fuels and Good Gas Stores, as the temptation to drive away eating and sipping will be too much, and too dangerous. You'll have to drive somewhere else to get those. Remember - The state knows best what is good for you.
• Fine Fuels and Good Gas Stores will not be open before 9 a.m. or after 9 p.m. in most locations, nor on any holiday (except for the first day of deer season and Groundhog Day). Only one-quarter of the Fine Fuels and Good Gas Stores will be open on Sunday (no easily-consulted list will be available).
• Some Fine Fuels and Good Gas Stores in rural areas will only be open three days a week, and some counties will only have one store, so all Pennsylvanians are urged to plan ahead for your purchases (and keep emergency supplies in your trunk).
• You will not be allowed to buy gasoline in another state and bring it into Pennsylvania (non-refundable fuel-dumping sites will be built at all border crossings; once their tanks have been emptied, motorists may then pump the fuel back into their cars at Pennsylvania-approved prices).
• Self-service fuel pumps are strictly forbidden. There is a limited pilot program of fuel kiosks, a promising technology where you insert your license and credit cards into a card reader, prove you are sober by blowing into a breathalyzer, pirouetting in front of a built-in video camera and then confirm that you will not use the fuel in an illegal manner. All fuel kiosk customers will be monitored for compliance for 90 days.
• When fuel prices are lowered by the refineries, a full 10% of the savings will be passed on to consumers as lower pump prices within 120 days (at the discretion of the Pennsylvania Fuel Control Board)
• To keep operating costs down, the Pennsylvania Fuel Control Board promises to keep employee benefit costs at no more than 104% of salaries (the same as the State Liquor Stores), although how long that may be is not guaranteed.

The Pennsylvania Fuel Control Board will run this huge state enterprise; three men (yes, men) who have no experience with retail sales, fuel, gasoline, diesel, automobiles, tires, garages, or roads, which insures their total impartiality. The state will spend millions of dollars every few years trying to hide the fact they own and run all the Fine Fuels and Good Gas Stores. Fine Fuels and Good Gas Service workers will point out that there is reverse border bleed (out-of-state residents buying gas in Pennsylvania, mostly at a dozen or so border stations where the prices will be kept artificially low), proving that our system is better.

The Fuel Control Board has promised not to try and get the best prices for the citizens in trade for taking care of them for the next 80 years because the state knows best what is good for you.

Does this make any more sense than a state monopoly on wine and spirits sales? Do we really need this? Is the state better off because of the State Store Monopoly? Are YOU better off?

Privatize and move to NORMAL!

Bill to Abolish State Liquor Stores to be Introduced in January!

Holy crap! Can you believe it? Just saw this today, and my head exploded.

Lawmakers are introducing a new measure aimed at getting the state out of the booze business.

Senate Democrat Tim Sheldon is proposing the state privatize liquor sales. "Immediately, you would save the $53 million or so that it costs to operate state run liquor stores with state employees. This is a luxury that we can't afford in our state."
Sheldon said the system can be set up just like in other states that allow liquor sales in grocery and convenience stores.
The liquor control board would continue its enforcement efforts. "It could be done in a very safe, controlled way using the private sector outlets. The taxation would still be collected by the state, the regulation would be made by the state," said Sheldon.
The proposal will get its first vetting when lawmakers return to Olympia in January.

 Wait, what? Olympia? Oh, bummer. This is about privatizing the state liquor stores in Washington. Damn.

Doesn't Pennsylvania have one legislator like Tim Sheldon? No, instead, what we get are guys like Representative Neal Goodman (D-123, Schuylkill County, pictured to the left), who recently said in the Pottsville Republican-Herald when asked about the prospect for beer sales in grocery/convenience stores and gas stations: "This is something the LCB (Liquor Control Board) would have to drive. I don't think this would be something legislatively-driven. This is a debate I'm willing to have ... but it really needs to be thought out thoroughly."

See...no. That's why I really worry about the caliber of legislator in this state. This is not something the LCB "would have to drive." The PLCB has already done a lot towards allowing this kind of thing; they've granted licenses in a surprisingly liberal manner to Wegmans, Giant Eagle, Sheetz, and others. This is one area where I've got nothing but praise for the PLCB. They've been ready for years, and they're pretty clear about it:

The Pennsylvania Liquor Control Board said groceries and convenience stores could have offered beer decades ago.

"The market changed. The law has not," said Nick Hays, a spokesman for the PLCB."The Pennsylvania liquor code does not address whether supermarkets may or may not sell alcohol. It doesn't permit them; it doesn't not permit them."

Hays is right: it's the code. Which, Representative Goodman's limited knowledge -- or deliberate obfuscation -- to the contrary, is something that has to be changed by the Legislature.

There's no need to bury it in a committee for thinking it out thoroughly, either (like they did with that "sixpack law" we were supposed to get two years ago). We've thought it out thoroughly, time and time again, and then nothing gets done. Which has nothing to do with the "thought out thoroughly" part, except the bits that deal with the political calculus. Your legislators want to please you, but mostly they don't want to piss off industry groups like the tavern owners or the beer wholesalers. The whole purpose of this blog is to change that equation.
 
Readers...if you're an interested citizen, write your legislator. It's easy, go do it (type your ZIP code in the box, and you'll get e-mail contact to Da Gov and your state legislators). If you're a reporter, please, please, please, take my ideas, take my passion, steal it with no attribution, but use it. Hammer at this ridiculous system, at the convoluted crap of The Almighty Liquor Code, at the entrenched stalinist edifice of the State Store System, at the arrogant monopolist attitude of Joe "CEO" Conti, at the wasteful and questionable spending on the Courtesy Contract and the Great Table Leaf Re-Branding.
 
Because the time is as ripe as it has ever been. Yuengling COO Dave Casinelli nailed it recently: "Ultimately, the consumers will speak," he said. "There's a groundswell out there. Both sides are kind of a stand-off right now." Damn straight. Why should Washington have all the fun?

First, Do No Harm

Can you see those beer neons? Victory, Smithwick's, and a very rare Weyerbacher neon? I apologize for the quality of the iPhone shot, but it's all I had with me.

Why'd I take this picture? Because you're looking at a gas station that's selling beer in bottles, cans, and growlers...in Pennsylvania. It's the Interstate Market, just south of I-78 at Easton, and very much on the PA side of the Delaware River. And right under the big sign advertising the fuel prices was a sign that read "On tap today: Sierra Nevada."

I felt very much "out of control." How was this possible? More to the point, why does the MBDA have its panties in a terrible knot over Sheetz stores selling beer while not a word of protest accompanies this madness of selling beer right where people buy gasoline! Amazing. Cynically, I suggest it's because this one store represents no real threat to business, and the MBDA's cries over exposing children and driving dangers are simply bullshit, covering their real concern: Sheetz can offer bottleshop convenience in a lot of places. I would suggest that the MBDA would be much better off spending their time and money lobbying for a sixpack sale law for distributors.

Anyway, things were strangely peaceful. I didn't see one person sucking on a bottle of irresistably nearby and cold beer while they gassed up their car. No one peeled out of the place waving an open bottle out the window. There weren't raving crowds inside the store demanding beer, cold beer, open bottles of it right now!!!

No, what there was...was some people having lunch (sit-down tables), and some people buying sodas, and five nice taps and empty growlers waiting to be filled. Peaceful. Restrained.

Where's the threat? What's the big deal about selling beer at gas stations?