Showing posts with label interpretations. Show all posts
Showing posts with label interpretations. Show all posts

Tuesday, March 17, 2015

What I Like about the PLCB

...
??
Hmmm....
No, not that.
Err, maybe...
Nope.
??
Ah, I got it!

It always reminds me why I shop out of state: for price, selection, and service.
Hop across the river and save.
You're not in your state store anymore

Yep, that is a real New Jersey Liquor store. 10,000 wines, over 4,000 spirits and 1,500 beers. 

Thursday, March 12, 2009

PLCB Playing Favorites in Philly

Philadelphia Magazine has a "Web Original Article" up about a simply amazing new PLCB initiative -- that's right, another one -- that has jaws dropping all over Philly. Restaurateurs' jaws, that is, at the stunning favoritism and clueless unfairness it demonstrates. Check this:

José Garces' ... new something involves the Pennsylvania Liquor Control Board. That’s right — as part of a wider effort to rebrand its image, the PLCB will be pairing up with notable chefs and restaurateurs to open a handful of boutique wine stores, aiming to give oenophiles a more personal experience. (The Philadelphia location will be the first.) The specialty stores, whose inventories will include a few hundred bottles of wines not available in traditional Wine & Spirits stores, will hold tasting events and have a highly trained staff to help you find that perfect Pinot.
Let's leave aside the easy joke -- that the "highly trained staff" must be the ones who already know how to say "Hello!" and "Thank you!" -- and take a look at this. Suppose you're a Center City restaurant owner, a similar cafe-type joint known for their wine selection: Tria, for instance, since that's the only wine bar kind of place I've ever been to in Philly (disclosure: I have taught three classes at Tria's Fermentation School). How do you feel about the PLCB opening a take-out store inside a competitor's restaurant -- bad enough already, when wine take-out is illegal for you -- that sells wines "not available in traditional Wine & Spirits stores," and the PLCB staff is going to hold tasting events for those take-out wines right there in that other restaurant? I'd feel pretty damned hard done by.

This is a government agency. If Pennsylvania was not a control state, and it was a private business doing this -- Moore Brothers, for instance, and wouldn't it be a happy freakin' day if the PLCB were to go away and Moore Brothers could come to Center City? (disclosure: I have done no business whatsoever with Moore Brothers, they don't know me from Adam) -- hey, no problem! Actually, given the arcane and pointless circumlocutions of liquor law across the country, it would probably be a huge problem getting it licensed, but ethically there's no problem. It's two businesses reaching an agreement, and Garces would either be paying Moore Brothers for the exclusivity or they'd be paying him for the floor space, depending on who got the jump on who. And if Jon Myerow at Tria wanted to cut a similar deal with Canal's, he could.

But the PLCB is a government agency with monopoly retail power. Myerow can't just find another company to make a deal with, or do it himself, because that's illegal. Illegal! He's got to go to the PLCB, hat in hand, and beg to be part of this new program. As would the folks at Chick's, or Southwark, or DiBruno Brothers, or any number of wine-friendly cafes and restaurants.

And the PLCB will either grant them the boon or not, according to their own agenda. A government agency that has an ironclad monopoly on retail sales has no right deciding to essentially grant that right to retail to one business and refuse it to another. The PLCB is totally out of touch with reality. They are "acting like a business" when they aren't a business. They are a 'business' with whom it is illegal to compete, a 'business' with the full force of government enforcement and coercion behind them, a 'business' that can interpret the law to suit themselves without fear of contradiction.

I'm going to have to quote Buddy "I married a PLCB manager" Hobart to express what I feel about this new initiative. "What I say to the skeptical," said Buddy Hobart, president of Solutions 21, "to those of us in the world who believe we've arrived and don't need to improve: Look up the word arrogant in the dictionary." When you find that page, I believe you'll find the PLCB logo next to that definition.

Two notes at the end. First, I'm not pissed at José Garces, not in the least. I don't blame him for doing this, it's a sweet deal, and he would have been a fool not to take the PLCB up on it. And I do look forward to the opening of his new Village Whiskey, which is, yes, a whiskey bar, coming soon, probably May, at 20th and Sansom.

And of course, I'm shocked -- shocked, I tell you! -- that PhillyMag would run this story without a word about how this might unfairly impact other city businesses. What's that you say? Why yes, that's the same PhillyMag that co-sponsors the Philadelphia Whiskey Festival with the PLCB (which also runs one of these mini-stores right at the festival, while not allowing brewers to sell at beer festivals), and not a word of disclosure in the story. Good separation of advertorial and editising departments there.

Thursday, September 25, 2008

Once Again: Sauce for the PLCB Goose Ain't Sauce For the Beer Gander

I've told you how the PLCB interprets The Almighty Liquor Code to their own benefit. Well, they're at it again. The upcoming Pittsburgh Whiskey and Fine Spirits Festival (Nov. 14, 6-9, a benefit for the Nat'l MS Society, details here) is sponsored by the PLCB. Now, when there's a licensed wine festival in Pennsylvania, PA wineries can sell bottles of their wines. At this festival in Pittsburgh, the PLCB is going to have an "On-Site Store," from which you can "Take home a bottle of your new favorite spirit, many not available anywhere else in Pennsylvania".

I'll remind you that you are absolutely not allowed to purchase beer at a beer festival; not from Pennsylvania breweries, not from any brewery, wholesaler, or importer. Not allowed. Does this make sense? Why do you ask? It's a State-mandated and supported monopoly, silly, it doesn't have to make sense.

Abolish the PLCB. Re-write the Code. Treat us like adults. Treat us fairly. Is that so much to ask?

Tuesday, August 19, 2008

PLCB flexes its dumb muscles again

Go read this post on my friend Jack Curtin's blog, Liquid Diet Online, and catch my response in the comments field. The PLCB just cannot keep its paws off booze and booze venues in State College. They get crazy and over-active. Now, partly, that's because the Legislature leans heavily over their shoulder in State College, because of all the constituents who have kids at Penn State. But you know what? If you, The Legislature, want to have this horrible two-headed abortion of an agency doing the job of "alcohol control" for you, step back and let them do it.

I'll have something to say about the wine direct-shipping mess soon. Honestly...sometimes I think the name of the blog should be Why the PA Legislature Should be Abolished.

Wednesday, June 25, 2008

Growlers: a response from the PLCB

I asked the PLCB about growler regs for a newspaper piece I'm working up, and I got a response this morning. My thanks to Ms. Chapman for a thorough response with a minimum of bull...and I gotta figure the PLCB knows about the blog: my tracking software has registered multiple daily visits from a PLCB computer since about the third week the blog was up. Cheers to the fairness, which is why I have tried to be as fair as possible myself.

Here's the response; I've bolded some interesting bits, (and added some comments and "interpretation"):


Lew,

Your query on growlers was passed on to the PLCB press office. It seems plausible that everyone you ask might have a different idea of the law, because there are different restrictions on beer sales depending on the type of licensee selling the beer.

There is no specific language in the Code addressing growler packaging . In many cases the customer provides the actual container, whether it is a growler he's purchased from the brewery, or something else. (This would certainly seem to indicate that the PLCB doesn't care what growler a brewpub fills, or what the label says, or whether it's sealed.) All the language concerns the maximum or minimum amount of beer that a customer may take off the premises.

Here's a summary of what is in the Code concerning take-away draft beer, and the actual code:

Brewpub licensees, MAXIMUM of 192 ounces. These are establishments that serve food and beer on the premises, and sell for off-premise consumption. They have the same take-away limits as restaurant, hotel and eating-place licensees. (Note that this seems to imply that growler sales by restaurant, hotel, and 'eating-place' licensees are legal. No problem there.)

[Relevant code: SECTION 4-442. Retail dispensers' restrictions on purchases and sales

(a)(1) No retail dispenser shall purchase or receive any malt or brewed beverages except in original containers as prepared for the market by the manufacturer at the place of manufacture. The retail dispenser may thereafter break the bulk upon the licensed premises and sell or dispense the same for consumption on or off the premises so licensed: Provided, however, That no retail dispenser may sell malt or brewed beverages for consumption off the premises in quantities in excess of one hundred ninety-two fluid ounces: Provided, further, That no club licensee may sell any malt or brewed beverages for consumption off the premises where sold or to persons not members of the club.]

Brewery licensees, MINIMUM of 64 ounces. These licensees only brew beer and only sell for off-premise consumption.

[Relevant code:SECTION 4-440. Sales by manufacturers of malt or brewed beverages; minimum quantities

No manufacturer shall sell any malt or brewed beverages for consumption on the premises where sold, nor sell or deliver any such malt or brewed beverages in other than original containers approved as to capacity by the board, nor in quantities of less than a case or original containers containing sixty-four ounces or more which may be sold separately; nor shall any manufacturer maintain or operate within the Commonwealth any place or places other than the place or places covered by his or its license where malt or brewed beverages are sold or where orders are taken.]

FYI, this 64-oz. minimum is a result of Act 15 of 2003, actually passed specifically to reduce the minimum from 128 oz. and permit growler sales at breweries . (Note that this means half-gallon and two-liter growlers are legal at all retail locations; and explains why Weyerbacher was selling gallon growlers; they did it before the 2003 rule change. Anyone still have one of those gallon growlers?)

The only other thing to keep in mind is that local municipalities may have open-container laws that could restrict growler sales. (Which begs the question...is a growler an "open" container?)

I know you're familiar with the law governing non-growler sales:

Beer distributor, MINIMUM of 128 ounces (kegs, cases). Off-premise sales only.

Restaurant or eating place licensee, MAXIMUM of 192 ounces. (Two six-packs to go.)

If you want to peruse the whole Liquor Code, you can find it online at http://www.lcb.state.pa.us/plcb/cwp/view.asp?a=1334&Q=546255&plcbNav=3236632398

Please don't hesitate to call us directly if you need anything else.

Francesca

Francesca Chapman Deputy Press Secretary