Today, the House Commerce Committee tabled HB 2206 - the Big Box Liquor bill - by a narrow margin. 

The Committee adopted an extensive amendment by Rep. Hutton (R-Wichita) to allow only wine and beer at grocery/convenience stores, create a longer transition period and minimize the overall number of liquor licenses.  It is a complicated amendment and the description was emailed to you this weekend. 

A local option amendment offered by Rep. Rothlisberg (R-Junction City) failed – would have required cities and counties to opt out if they did not want to have big box, grocery or convenience store sales.  Another amendment was adopted to try to make it difficult for the tax transfer to cities and counties to be swept by the State.  A new balloon is supposed to be drafted that would show these changes to the underlying bill. 

We do not know if the Committee will pull the bill from the table to work it this session, or perhaps choose to revisit the amended version during the 2014 Legislative Session.

Please shower the Representatives who voted to table the bill with thanks.  Send your appreciation to all of the Committee members for spending a great deal of time considering the serious implications of restructuring the retail liquor industry in Kansas.

This is not over.  It would take only one or two committee members to change their votes and resurrect the bill.

The Chairman, at this point, does not seem interested in spending any more time with this debate as the regular session days wind down. 

The public hearing for HB 2206 has been changed from March 6 to Thursday, March 7, 2013. The Hearing on the Big Box Liquor bill will be in the House Commerce Committee (click to see committee information).

The Chair hopes to start the Committee by 1:00 p.m. and offer 1 hour for proponents and 1 hour for opponents to testify. The bill may be voted on within a few days of the hearing. We hear the proponents are advertising their willingness to change the bill to Strong Beer and Wine, or perhaps even just Strong Beer, if that will gain them the votes needed to pass the bill out of committee.

KABR will host a lunch in the Statehouse to begin at 11:00 a.m. in the 3rd floor south wing of the State Capitol. Every retailer should plan to attend, and bring employees, family and others who care about preserving local small business. Invite your legislator to meet you at the lunch.

The key to this issue continues to be one-on-one meetings with your legislators. The days of "phoning it in" are over. The delayed hearing provides more opportunities for retailers to meet with their legislators. Please schedule those meetings as soon as you can get on the legislator's schedule to visit with them in person, whether in Topeka or when they are in their hometowns.

This hearing was initially planned for February 19-20, but was rescheduled due to large number of issues this Committee is handling prior to Turnaround Day - March 1. It is being set back again to avoid being on the first day back from their Turnaround break. The Legislature will not meet March 4 or 5, so legislators should be available in their hometowns on those days.

Since HB 2206 is exempt from deadlines, it can be postponed beyond the Turnaround deadline for bills to be considered in their House of Origin. That exempt status comes from its introduction in the House Taxation Committee, an "exempt" committee.

Register to attend HERE. Skip the login option.

Read the Big Box Liquor bill here.

And this is what it will cost the State - NOT including the loss in payroll taxes, property taxes, and income to communities and related small businesses!

Regardless of how many times the Uncork Kansas Coalition inaccurately calls the 761 independently owned liquor stores of Kansas a "monopoly" - Kansas licensed liquor stores are NOT a monopoly. Check out this handout. The Coalition representatives don't know the difference between a monopoly-controlled marketplace and regulation with licensure. Why would we give faceless, out-of-state corporations that don't comprehend the need for regulation and licensure - and mistake it as some type of market manipulation - the serious responsibility of selling alcoholic liquor for the state?

2013 Comments in Opposition to HB 2206 - CLICK HERE.

Jan. 31, 2013. Today, Rep. J.R. Claeys, R-Salina, requested the House Taxation Committee introduce the Expansion of Free Markets and Public Sector Deregulation Act - the 2013 version of the Big Box Liquor bill promoted by grocery and convenience stores.  Introducing the bill in the Taxation Committee makes the bill exempt from deadlines, although the bill is expected to be assigned to the House Commerce Committee.

The day began with a crowd of Dillons managers and employees gathered in the Statehouse rotunda, then dispersing to meet with individual legislators. On Tuesday, it was the Hy-Vee luncheon for all legislators as well as a briefing. See notes here.

The legislation is not yet available to the public. Once it is drafted and released, we will make copies available here. The House Commerce Committee is expected to schedule public hearings in two weeks or so. This allows a short period of time for you to have a meaningful conversation with your legislators before the bill could start moving through the House. Find contact information for legislators at www.kslegislature.org.

It is imperative that retailers plan to come to Topeka to meet with legislators in person as soon as possible. Plan now to come to Topeka for the public hearings later this month, as well. Uncork Kansas is putting on a show of force in the Statehouse with dozens of lobbyists declaring that consumers are demanding convenience.

Legislators must hear from the hundreds of people who will be negatively affected by corporate liquor deregulation - including the many other businesses who count on local small businesses, your insurance agent, your banker, your POS vendor, and your landlord. Read about it.

At this point, there is no bill in the Senate. It appears the Senate is not interested in entertaining a Big Box Liquor bill unless it passes the House of Representatives.

Come to Topeka to Meet with Legislators - schedule appointments with your legislators for Monday or any day you can make it to Topeka. If you need help, contact Amy by email or phone 785-969-1617.

Monday, February 4, KABR will present comments to the KLEAR organization during their luncheon meeting at the Statehouse. Retailers are encourage to attend - see below.

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Join your fellow Kansas retailers January 28 at the State Capitol in Topeka to enjoy breakfast with legislators and industry friends. Each and every one of us must plan to go to Topeka in person to stand up for our businesses this session and there is no time to waste.

The 2013 Kansas Legislative Session is off to a quick start, and the UnCork Kansas group has a large team of paid lobbyists who have been pushing the Big Box Liquor agenda since the 2012 session ended. Kansas retailers must stand up to be counted now.

A new bill has not yet been introduced, but the proponents say they hope to move the bill quickly. KABR will keep you informed when the bill is released and hearings are scheduled. Please make time to talk to your Kansas Senator and Representative today.

GOLD Strategy Dinner - Sunday, Jan. 27, 6:00 p.m. Blue Moose, 3030 SW Wanamaker, Topeka, KS 66614

Legislative Breakfast Reception - Monday, Jan. 28, 7:30 a.m. to approximately 9:30 a.m. Kansas Statehouse, 3rd floor south wing

KABR Board Meeting - Monday, Jan. 28, 10:00 a.m. - 12 noon, Clubhouse Inn and Suites, 924 Henderson Road, Topeka, KS 66615, 785-273-8888

Meet with Legislators - schedule appointments with your legislators for Monday or any day you can make it to Topeka. If you need help, contact Amy by email or phone 785-969-1617.

All members are welcome to attend all events.

REGISTER FOR EVENTS Skip the login option.

Even longtime political watchers were surprised to see the Kansas Chamber jump out front on the Big Box Liquor issue in 2013.  No sooner had Kansas retailers finally gone home for a well-deserved rest after the holiday season and recording their inventories, when the Kansas Chamber announced in newspapers across the state that it would be urging legislators to pass legislation to allow alcoholic liquor to be sold in grocery stores and convenience stores. 

The Kansas Chamber flexed considerable muscle during the 2012 elections to elect conservative Republican legislators.  Only time will tell if the Chamber actually intends to make deregulation of retail liquor a true priority on its policy wish list this year... and more importantly, whether or not our independent Kansas retailers went out and supported candidates during the elections themselves.

http://cjonline.com/news/business/2013-01-07/kansas-legislative-business-delving-liquor-taxes-unions#.UOxpeb-NUlA.email

As of August 1, 2010, the Division of ABC has reversed earlier interpretations of State statute that formerly allowed liquor retailers to host tastings in adjacent party shops or tasting rooms. See new policy.  The new policy cites current Kansas law - K.A.R. 14-13-13(j) provides: "A retailer shall not permit the drinking of alcoholic liquors or cereal malt beverage in, on, or about the licensed premises."  

The House kills a measure that would widen alcohol sales to let supermarkets expand offerings.

Source: The Denver Post

By Jessica Fender

Posted: 05/06/2010 01:00:00 AM MDT

Colorado shoppers are much less likely to find beer, wine and liquor on supermarket shelves after a House committee on Wednesday killed a bill to expand alcohol sales and the prospects dimmed for two similarly aimed ballot initiatives.

 

It was the third time in as many years that a coalition of convenience stores, supermarkets and consumer advocates has been thwarted in the legislature.

 

House Bill 1279 would have allowed a supermarket to buy the license of a neighboring liquor store from its owners in the industry's most creative attempt yet to secure the beverages for their stores.

 

Calling herself "a realistic person," bill sponsor Rep. Buffie McFadyen, D-Pueblo West, said she didn't have the votes to pass HB 1279 and asked the House Finance Committee to kill it. The vote was quick and unanimous.

 

Almost as quickly, the threat of two sales-expanding ballot initiatives that for months loomed large over the legislative debate seemed to fade, with powerhouse backers saying they've not yet decided to throw their full weight behind them.

 

Members of the Colorado Retail Council, one of the main backers of initiatives 48 and 65, are pausing to consider their options in the wake of the bill's death, president Chris Howes said.

There's a lot at stake.

 

"We're going to wait for the session to be over. We've got a little bit of time to understand the options we have before us," Howes said. "There's no doubt about it. If you lose in the fall, I don't think you'll have many legislators interested in running the bill next year."

 

Initiative 48 would end 3.2 percent low-alcohol beer; allow grocery stores to sell all forms of alcohol; allow convenience stores to sell stronger beer; and allow liquor-store proprietors to own more than one location.

 

Initiative 65 would only allow grocery stores to sell all forms of alcohol.

 

Under current rules, most grocery stores can sell only low-alcohol beer, with the full panoply of adult beverages allowed in just one store per chain. HB 1279 would have changed that.

A second bill to allow full-strength suds in convenience stores - now also limited to only low-alcohol beer - died in the same committee earlier this year.

 

But both proposals progressed further than previous bills aimed at expanding alcohol sales.

 

Liquor-store advocates Wednesday celebrated the death of HB 1279 in the hall outside the committee room.

 

The stores have waged war against changes to Colorado's liquor law by arguing that expanding sales would provide easier access to minors and put mom-and-pop liquor stores out of business.

 

Their advocates said they'd welcome a ballot initiative to put the question to rest.

 

"We're tan, rested and ready," said Jeanne McEvoy, president of the Colorado Licensed Beverage Association. "I don't get the feeling they're going (with the initiative). There's no public support for it."

Too much of the legislative debate focused on the effects on businesses, when the real winners or losers are consumers who want greater convenience, said Blake Harrison, who filed initiatives 48 and 65.

Still, with the statutory July 12 deadline looming, Harrison said he won't be able to gather the 76,047 signatures required to make the ballot without the help of the still-undecided grocers and the business community.

 

"It really has become a fight between the grocery stores and the liquor stores. Meanwhile, the people aren't getting what they want and haven't been for a long time," Harrison said. "It's perfect for a ballot initiative. That's what the process is there for."

 

The chairman of the House Commerce and Labor Committee called me to say that the Grocery Store Liquor License bill – HB 2697 – will not be worked by the Committee.  I know that many of you have heard from your legislators, who have also called to give you the good news.

 

This means that the bill will sit in committee and die when the Legislature ends business in May.  There is still a chance that someone might attempt to amend this issue or the strong beer issue into a different bill on the floor of the House when they are working bills next week.  However, I am hopeful that even the legislators who would like to support the grocery stores and the convenience stores understand that these bills would need significant amendments.

 

This was the last week for regular committee meetings.  Next week, the House and Senate will be working on the floor most of each day to try to work through all of the bills that have been passed by committees.  Then, conference committees will meet to hash out the differences between Senate and House bills and they will again be voted on by each chamber.  The Legislature will break around April 2 or 3 and come back at the end of April for the veto session.

 

PLEASE THANK THESE LEGISLATORS!!!

 

It is very important to thank the legislators on the House Commerce and Labor Committee for not passing HB 2697.  Those committee members are: Steve Brunk, John Grange, Elaine Bowers, Phil Hermanson, Aaron Jack, Dan Kerschen, Joann Pottorff, Willie Prescott, Jill Quigley, Scott Schwab, Gene Suellentrop, Bill Wolf, Ron Worley, Louis Ruiz, Delia Garcia, Sean Gatewood, Bob Grant, Broderick, Henderson, Pat Maloney, Dale Swenson, Annie Tietze.  Although Scott Schwab has said that he does support the grocery stores – even he was cooperative in not bringing the bill to a vote.  He has said to me personally that he does not want to pass anything that will put his local stores – particularly Brian Flanery and Judy Ensminger – out of business.

 

This is also a good time to contact your own legislators to say that these bills have not come out of the House committees and that you would appreciate if they will keep their ears open for any rumors that these or other liquor issues will pop up on the floor.

 

Please take a moment to send these messages right now.  If you have been corresponding with your legislators by e-mail – send them an e-mail.  Or send them a personal note to:  Representative ______________________, Kansas Statehouse, 300 SW 10^th Street, Topeka, KS  66612.

 

It is so important for your legislators to know that you appreciate the good things that happen, and that you won’t only be calling them when things are looking bad.

 

Thank you all for your very hard work on these issues.

 

 

House Committee rejects Strong Beer bill 3-17-10.doc

House Committee will hold hearing on Strong Beer Bill 1-31-10.docx