Pubdate: Wed, 16 Dec 1998
Source: Louisville Courier-Journal (KY)
Contact:  http://www.courier-journal.com/
Copyright: 1998 The Courier-Journal

LIQUOR/BEER REGULATIONS

The recent deaths of the University of Kentucky students have prompted me
to write this letter. The tavern at which the students where drinking is
licensed only for beer sales. I would like to show how beer has long been
treated as a lesser alcohol by society and by the laws that regulate the
sale of alcohol. It is a fact that a can of beer is the same as a glass of
wine or a mixed drink. Look at the differences in the regulation and sale
of beer.

One of the first points to make is that liquor and wine cannot be sold at a
location that sells gasoline. Beer is available at every gas station in a
wet county. If there is logic to not selling liquor at a gas station, why
does it not apply to beer? At a minimum, beer should not be sold cold and
ready to drink at a gas station. To be fair about it, ban drive-up windows
at package  stores at the same time. What a great message we send to the
young driver when  he or she sees the iced-down single beers at the
checkout counter.

Liquor and wine package sales licenses are limited under a quota system.
For example, Jefferson County is authorized approximately 200
liquor-store-type licenses. There are over 1,500 beer licenses in the same
county. There is no quota system for beer licenses. You can have beer
licenses right next door to each other. Liquor licenses must have a minimum
distance between them.

If a liquor store has its license suspended for seven days for selling beer
to a minor, that liquor store closes up during the time of suspension. If a
grocery store, gas station or mini-mart receives the same suspension, the
store simply stops selling beer that week. The suspension is of little
significance for these stores because they continue on with their primary
business. The punishment's deterrent effect is lost. If you remain open for
business, then beer sales should be suspended at the rate of five days for
every one day of suspension, otherwise close the entire business during the
suspension.

What about selling beer? You can be 18 years old and sell beer by the
package at the local grocery store, mini-mart or gas station. You must be
of age to sell liquor. Talk about the fox guarding the hen house. Have you
ever had the checkout clerk ask you to "scan the beer"? Well, thanks for
helping that 16- or 17-year-old child break the law.

Take another look at the selling of alcohol at college sporting events. We
added Jack Daniel's cocktails right next to the pizza. We still have
alcohol ads inside the stadium. There are many companies that wish to
advertise at Papa John's stadium; they just cannot match the money offered
by the alcohol guys.

Why is beer advertised on television and liquor ads are taboo? Take them
all off the television.

On the overall subject of alcohol: Current state laws only require the
seller to not sell alcohol to a minor. There is no minimum standard for
what is an acceptable identification card for alcohol purchases. Use of a
fake ID is considered a mitigating factor in determining punishment.
Tobacco sales laws mandate that the ID must be a driver's license or
personal ID issued by a government agency. There is no mandate for the
licensee to keep a book that depicts other state ID cards. Do you know what
an Iowa license looks like?

People who sell tobacco must have each employee sign a statement indicating
that they were briefed concerning the law on selling tobacco to minors. Not
so with alcohol sales. Alcohol sellers accept off-the-wall ID as proof of
age and believe they are "off the hook." They are still liable for the
offense, but the horse is out of the barn by then. I have confiscated many
a bogus ID from underage persons, only to learn that they have used the ID
for years.

The fine for a kid buying alcohol is $100. In Arizona, an attempt to buy
alcohol while underage will cause a six-month driver's license suspension.

In closing, I would urge people to contact their legislators about these
concerns. Cut this letter out and mail it to them. I have seen the smoke
from this fire for years and have been yelling "Fire" for a very long time.
My voice is not strong enough. I need your help to get the message out.

KEN SINGER

President
Expressway Liquors Inc.
Louisville 40208

Mr. Singer is vice president of the Louisville Metro Chapter of Mothers
Against Drunk Driving and president of the local Champions For a Drug Free
Kentucky. - Editor.

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Checked-by: Joel W. Johnson