Not a Mistake, Not perfect...Good Enough

Last post I asked if we would be calling Senator McIlhinney's privatization proposal "McIlhinney's Mistake." Here's what I thought we'd see in it:

Best guess at that, from things he's been saying: bars and restaurants should be allowed to sell full bottles of wine and spirits to go, the State Stores stay open, the case law stays and the beer in grocery stores situation remains in its ridiculous "cafe needed" state, and the PLCB remains as the state's sole wholesaler...and that's going to be "privatization," McIlhinney's Mistake-style.

Here's how that went when we got a revamped version of his SB100, yesterday:

• Beer distributors and bar/restaurant/deli/hotel license holders can sell wine and spirits to go (for an $8,000 annual fee ($4K for just wine/just spirits, and $2K for "specialty spirits," single category), and a limit of four bottles per sale unless you're a distributor); there are about 14,000 such licensees, and another 1,000 in escrow (some kept there deliberately by anti-drinking types).
• The State Stores stay open
• Distributors can sell sixpacks (as packaged by the manufacturer...killjoys); taverns can sell up to a case
• Grocery stores still need a deli license -- no new licenses created -- and a cafe area, some minor restrictions on what can be sold at each register area are loosened
• The PLCB remains as sole wholesaler; study of situation required after 2 years, if divestiture will not have "significant impact on the fiscal stability of the Commonwealth," the Legislature may consider selling the wholesale operations
• PLCB as wholesaler is required "to buy any specific liquor or alcohol requested by a permit holder"
• PLCB will ship to "permit holders" by the case for a fee; manufacturer/distributor can drop-ship directly to permit holders 
• State Stores get "flexible pricing"
• Licensees get an 18% discount on PLCB prices
• Elimination of the Johnstown Flood Tax!
• Direct wine shipment to citizens
• "Windfall" money goes to senior citizen property tax relief
• All retail liquor stores (State and private) to have consistent hours: 8 AM to 11 PM.
• PLCB and permit holders are prohibited from selling private labels (buh-bye, TableLeaf!)
• Creation of a Wine Industry Promotion Board (nothing about brewers or distillers)
• Did I mention that the State Stores stay open?

 Well...My major issues, in another bullet point list.

• The State Stores stay open, and with NO formula in place to close them. That's left to the discretion of the PLCB. Bad idea, verging on very bad idea. Rip off the band-aid.
• Why stop at sixpacks? Take away all restraints on volumes: distributors and taverns can both sell everything from single bottles to kegs. And why "as packaged by the manufacturer"? Why no mixed six? They'll be pulling the wings off flies, next. If they do keep the stupid "compromise with no one" sixpack minimum, I nominate "as packaged by the manufacturer" as the first thing to go in the amendment process. It's just petty. If the store doesn't want to sell mixed sixes, they can make that a policy. Doesn't have to be a law.
• Limits on wine and spirits sales for taverns/hotels/delis. If you're going to charge everyone $8,000, everyone should get the same deal.
• Kick the licenses out of escrow with a "use it or lose it" clause. Any license unsold in escrow for more than two years reverts to the state.Why should they be wasted just because some Mennonite doesn't want me to have a drink?
• Kill the cafe: this is an advantage for large supermarkets and hurts small grocers. 
• End the police-enforced monopoly.
• Privatize wholesale. Period.

Now...what I think we might get? Not much. I think this bill is either going to pass with relatively minor tweaking, or it's going to die. I'm hoping for more complete "package reform," and I'd really like to see an end to the insulting police-enforced monopoly, but I'm not holding my breath.

Actually, my hat's off to the Senator. I'd love to see all my major issues dealt with, and I do think that leaving the PLCB as wholesaler is going to be a disaster, but...he always said the hard part was coming up with something that could pass. I think he may have finessed that. He won't get any Democrat votes -- and bad cess to them, and especially the mule-mouthed Senator Ferlo -- but I think this could get 26 Republicans. I've got my fingers crossed.

And on that note...write your senators! Urge the Republicans to vote for this, and beg the Democrats to abstain. CC the Governor and make sure the Republican Senators you write to know that he needs this bill; CC your local representative to they know how you're pushing your senator. You know the union's doing it. Get off your ass and make it happen; this is the best chance privatization's had in 75 years. Don't let perfect be the enemy of good.

Here's what I wrote to my Senator:

Dear Senator Tomlinson,

Senator McIlhinney's proposal for eventual liquor privatization is out, and I'm sure you have the details. The proposal doesn't close the State Stores, doesn't slash jobs, keeps the wholesale monopoly, covers the revenue, provides for senior citizen tax relief, gives Pennsylvanians at least some of the beer package reform they've been begging for, and gives beer distributors an affordable way to add wine and spirits to their businesses. Most importantly, it ADDS competition, choice, and convenience to wine and spirits retail for Pennsylvanians, without harming family-owned beer distributors.

It seems like a very good compromise, one that the House can approve, and that the Governor can sign for a much-needed legislative victory for the Republicans. I hope I can count on your vote for this proposal in its final form; it is, as I've told you, very much a ballot box issue for me.

Sincerely,
Lew Bryson

Feel free to use some or all of it. DO IT!

Historic Day

My fingers are crossed (okay, not literally...I am typing this), but it looks like the House Republicans have the votes to pass HB790, the privatization bill, this morning, or sometime today. I have not let up: sent out emails to southeast PA Republicans urging them to support the bill -- and their party, and their governor, and the majority of Pennsylvanians -- and vote in the affirmative. I would suggest you do the same.

Here's what I said:

Dear Representative XXX,

Today's the day! Privatization of the State Stores is coming down to the line. I sincerely hope that you are planning to vote with the Republican party and with your governor on this issue. They need your vote on HB790, as do the majority of Pennsylvanians who have supported privatizing the State Stores for decades. I strongly support privatization of the State Stores, and think the state's beer distributors are getting a pretty good deal in this bill. As amended, the bill has a lot of what I've wanted for years, and does it in a relatively gradual way.

You're not my direct representative; that's Frank Farry, here in the 142nd District, over in Bucks County. But on this issue, you're representing all of us. Please vote for HB790, and support Republican values in the PA House!

Sincerely, and thanks,

Lew Bryson

Feel free to use this text. Among others, I sent it to Representatives Barrar, Clymer, DiGirolamo, Farry, Miccarelli, and Petri, the Republicans who most needed bucking up. (I copied Corbett (governor@pa.gov) and Rep. Turzai (mturzai@pahousegop.com) on all those emails too, good idea for encouraging party support.) Um...didn't bother sending any to Democrats. This has become a party issue for them, and their discipline is striking. So it's about shoring up Republican votes.

Send those emails, please share this around, and let's get this over the line and on to the Senate!

YES! Amended HB790 would end police-enforced monopoly!

Check out the sidebar list in Brad Bumsted's piece in this morning's Pittsburgh Tribune-Review on the newly amended HB 790. It's got a lot of good stuff, but down at the bottom is this little nugget: Criminal penalties eliminated for bringing booze in from other states.

YES! That is the end of the Police-Enforced Monopoly, and that is something we've wanted for years. It is a component of true privatization; the recognition that "competition" is meaningless in an arena of full or partial monopoly. It is an end to the unAmerican restrictions on Pennsylvanians' booze-buying freedom, it is a gust of freeing air. It is a triumph for US, people: this is a topic WE made happen.

So...win this. YOU need to call or email -- or both -- YOUR representative this week -- especially if your rep is a Republican -- and tell them you WANT liquor store privatization, you WANT HB 790 to pass, and that this IS a voting booth priority for you. Pass the word, get your friends and family to send in support; this is one time we have to try to match the union. Get on it!

The House Republicans have given us a shot at booze freedom; we have to let them know we want it!

House Liquor Control Committee passes HB790 to the House for consideration

Just watched the House Liquor Control Committee debate numerous amendments to HB790 -- Rep. Turzai's PLCB privatization bill -- and pass one of them, Rep. Mustio's, which did bring down the license fees a bit. It still squeezes one hell of a lot of money out of the wholesale end of the business, and that has to change, or we're going to see price increases in PA just like they did in Washington. But that can change, and must, on the floor of the House.

It's also clear to everyone on both sides of the aisle that beer has to join the process. It should be clear to beer wholesalers and retailers as well; things ARE changing, and it would be a good thing for beer lobbyists to get to Harrisburg and make their best deal possible to advance liquor/wine privatization. It's not a time for greed on either side; this is a time of opportunity that needs to be seized. It's also a time of change, no doubt, and many folks would rather not change. Well...maybe then it's time to bring in new blood.

Interesting times. Now it's up to Rep. Turzai to get this through...while still maintaining real privatization that doesn't get Washingtonized. Cross your fingers, people, and then uncross them and talk to your reps about what you want in a privatization bill. Contact them TODAY, because it may come to a vote quickly. I'm emailing my rep right now.

Privatization is Not a Piñata

Looks like the Legislature's been here...

I'm looking at HB790, the proposal that Governor Corbett has put forward for privatization of the the State Store System, and it's becoming clear what the Legislature is in this for: the money. It's not about us, it's not about doing the right thing, it's not about doing what we want, it's about the money.

It's about campaign donations from the unions and businesses, it's about the tax revenue, it's about the shiny promise of a billion bucks in "windfall" money from license fees and wholesaler fees and higher fines and continuing fees... And like I always tell people in other states when their legislators want to raise booze taxes, where do you think all that money's going to come from? Duh, guys: out of your pockets. Because the wholesalers and the retailers aren't going to eat that increase (and no reason we should expect them to), it's part of the price of goods. So the higher the license fees...the higher the prices. It's just a tax under another name. Why, much as I'm pissed about Representative Taylor's planned amendment for HB790, at least he recognizes that, and lowered those fees.

The problem is that the Legislature doesn't look at the booze business like we do: producers and wholesalers and retailers all bringing the wines, spirits, and beers we love to shelves near us, hopefully sold by folks who have the same kind of passion for it that we do (or, hey, by guys who want to make picking up the basics quick and easy). They don't look at it like those in the industry do, as a fair business that makes a decent profit and pays good wages. They don't even look at it like MADD and the neo-prohibitionists do, as the devil's handmaidens, selling pure liquid evil.

No, the Legislature looks at the booze business -- brewers, distillers, vintners, importers; wholesalers, retailers; bars, delis, restaurants, taverns, stadium concessions -- as a big piñata, stuffed full of revenue, the money that makes things work in Harrisburg. Yes, the money that builds roads (and drips down to corrupt the fat cats), and pays for the State Police, and higher education, and state parks, and so on and so on, and it's also the money that gets doled out to make friends happy, and pay for patronage work, and all the semi-shady crap that's been going on in Harrisburg...it's all revenue, and that's really how the Legislature sees the booze business: a piñata, dangling in front of them, bulging with bucks, and the stick's in their hands.

Step right up, Senator! See the beer distributors, gorged with the fruits of their semi-monopoly? WHACK! The bars, making money in cash, helped along by the limited competition the licensing system creates? WHACK! The wholesalers, a layer of markup forced onto the others by three-tier laws -- WHACK! -- the brewers, newly successful craft brewers and the roaring Yuengling -- WHACK! -- Pennsylvania's wineries, ignored by the State Store but making people happy with festival fun -- WHACK! --the new distillers, better teach them how it works before they get too big -- WHACK! -- and the grocers and drugstores, wow, new blood! -- WHACK! WHACK!

 WHACK!

And then...the piñata breaks. The revenue tumbles out! Oh boy, grab it, shovel it into your committee bags, scoop it up to take home to your campaign contributors! Don't worry about the broken shell of the piñata. Don't worry; the system has limped along for decades, made to work by dedicated people who worked within the ridiculous cage of complicated laws you made, who did their best to try to bring the citizens what other states' peoples took for granted. It doesn't matter if you don't get this right: you've been ignoring what's wrong with the State Store System for over 40 years, you can ignore the mess you're going to make with privatization, too.

Don't let this happen. Call your representatives, email them, visit them if you can. Go to Facebook, tell Representative Taylor that you want real privatization, not some watered-down "modernization." Here are some talking points, bullet points, really.

• License fees are too damned high.
• There are too many different types of license, and the mistake of the "case law" is repeated in multiples with all the different arbitrary limits on how much each license can sell in one transaction.
• Beer distributors should not be charged a special fee to sell sixpacks, and there shouldn't be a minimum sale of a sixpack: do away with these ridiculous minimum and maximum sales altogether.
• Privatize fully, NOW. Give them 6 months. 

Don't break the system to get at all the money inside. Free it up, and collect the extra taxes you'll get when people no longer feel the need, the urge, to avoid the screwed-up mess we have and buy across the border.

And most of all...there is no windfall. If the State Store System really were the "valuable public asset" the unions keep trying to tell us it is, some company would be offering you money to take it over and run it. It's not. It's an annoyance. The people of the state despise it, and can't wait to see it gone. Forcing the new licensees to pay for it is just...whacking the piñata.
 

The State Stores have had 80 years to get it right. They haven't, they won't. Game over. PRIVATIZE.

One Good Reason

I had an essay on why Pennsylvania should privatize the State Store System put up on WHYY's "Speak Easy" page today (yes, the irony of the name was not lost on me!). Last week, Marc Stier, a self-described "writer and activist" from Mt. Airy, had an essay posted there titled "6 reasons why we should keep the state wine and liquor stores." Not long after it went up, a few people asked me when i was going to write a rebuttal, and in pretty short order I had been connected with the editor of the site, Eric Walter. He told me what the guidelines were -- pretty simple: 700 words and no trash talking! -- and I wrote it on Sunday afternoon.

The gist? Well, in response to Stier's 6 reasons, I noted that the vaunted "control" that the PLCB exercises through the State Store System is meaningless in a state where all beer sales, and all by-the-drink sales (and even wine sales at the state's many wineries, and spirit sales at the state's distilleries) are done by private entities. As I said, "control" of only one segment of the market is no control at all. Tax revenue, as I've explained over and over, is a red herring; revenue would, at worst, be a wash. His other four points were really one: keep it because of the union jobs. I countered that the UFCW, the main union involved, has successfully organized in private businesses; the bulk of their members are in private businesses, so liquor sales do not have to be a state monopoly to allow union jobs. Pretty simple.

But my One Reason was even simpler: the Legislature should privatize because We The People, the ones who actually elect them in order to have them represent us, consistently poll in strong favor for privatization, and the Legislature has been persistently ignoring those wishes for 30 years or more. It's well past time for them do what we want.

As I say in the essay, "A poll that found people in favor of free lunch every Thursday wouldn't mean the state should mandate that. But Pennsylvanians only want to join the 42 other states where people don't rely on the decisions of bureaucrats to determine what wine and whisky they're allowed to buy." We're not really asking that much. Is it as important as gay rights, as the fracking debate, as spending on transportation infrastructure? No, definitely not. But there IS a bill in motion, so let's do it.

And let's keep it simple: privatize wholesale and retail wine and liquor. Sell beer and wine in the grocery stores (and drugstores, and big box stores, and convenience stores) for a reasonable license fee without all the different limits on single purchases. Let beer distributors upgrade to all-alcohol stores with a fairly simple and inexpensive license upgrade, then add about 500 more all-alcohol licenses. Or something else simple and fair; I'm not wedded to that. We don't have to make a "windfall" on this, and the more I hear about that, the angrier I get. More to come on that, but meanwhile...please read the essay, hit the Like button, and share it where you can. Thanks!

Percolation and Progress

Things are popping in Harrisburg. Check out this headline on the Harrisburg Patriot-News website:

Liquor privatization picking up speed in Pennsylvania as bill is introduced 

House Bill 790 was introduced today, and will be moving through committee. According to the bill's primary sponsor, House Majority Leader Mike Turzai, the bill will move quickly. From the article above: 

“Because there is a lot of energy, a lot of enthusiasm … There is widespread agreement in our caucus,” Turzai said. He said the House Liquor Control Committee will take up the bill March 18, and he expects the House will vote on it later this month.

You may recall that last year the privatization bill was shredded in committee by Rep. John Taylor. That's not how he's talking this time around, according to quotes in this article.

“It seems like we’re going to agree on most of it, but the speed of what we’re doing is really a big part of it,” Taylor said.

Taylor wants to slow down the privatization process. Well...if that's what it takes, okay. As long as we avoid the pointless "modernization" the PLCB sycophants in the PA Senate are still gassing about. That tune may change when they find themselves with a passed privatization bill from the House with the Governor standing behind it. Impaired though Corbett may be, he's still the governor, and Senate Republicans will soon find themselves under the spotlight.

Still, one day at a time, do the work that's in front of you. That's getting a privatization bill out of Taylor's Liquor Control Committee in decent time and in decent shape, not gutted like last time. So...PLEASE send emails of support to as many of the members of the Liquor Control Committee as you can; you can find them here. Definitely thank Taylor for his support this time, and thank Representatives Kampf, Killion. Lawrence, Mustio, Reese, and Regan for co-sponsoring HB 790. And if you want, send an email to the 9 Democratic members of the committee, asking them why, if a majority of Democratic voters polled support privatization, not one Democratic legislator supports it.

Keep your fingers crossed, and your powder dry. But get on the email, and on the phones, because I guarantee you that the State Store unions are doing that, calling every week. Make yourself heard for a change!