Posts Tagged ‘liquor sales’
National Restaurant Association files suit against U.S Dept of Labor
Posted by Gina Darnell, July 24th, 2011.
On June 16, 2011, The National Restaurant Association, The Council of State restaurant Associations, The National Federation of Independent Businesses filed suit against the U.S Dept of Labor over amended FLSA regulations concerning the tip credit for tipped employees. The organizations are suing for declaratory and injunctive relief from a new regulation that the DOL issued April 5th, 2011
The new tip credit notification rule took effect on May 5th, 2011. To see the rules, visit www.dol.gov. or google FLSA fact sheet #15.
The Dept of Labor allows employers to provide written or oral notice to tipped employers if they elect to take the tip credit. If they elect to do so, then the employer must inform the tipped employee how much of a credit they will take. This new rule will help prevent employers from abusing the tip credit and also keep tipped employees informed about the tip credit. Many servers I have spoken with have no idea really how the tip credit works or what is means. This new rule will promotes awareness about the tip credit and may foster compliance with the rules that have historically been abused by many restaurant owners. A recent study,”Broken laws, unprotected workers,” the most comprehensive examination of wage-law violations in a decade found that of workers who received tips, 12 percent of them reported that their employer had stolen some of their tips.
But NRA President and chief executive, Dawn Sweeny states” We believe the DOL new rules put in effect with just one months notice and with out properly considering their impact on the nations nearly 1 million restaurants are confusing and will expose our members to regulation violations and enforcement actions.”
Applebee’s Restaurant who were also unhappy filed suit against the DOL and lost. On April, 21st, 2011 The court of Appeals for the Eight circuit affirmed the DOL’ had the right to impose the new tip credit notification.
The NRA also stated that restaurants now face unnecessary regulatory burden and expense in complying with the new tip credit notice requirements. But familes also face a economic burden when employers don’t follow the laws. Annette Bernhardt, an author of the study, said,”When unscrupulous employers break the law, they’re robbing families of money to put food on the table. they’re robbing communities of spending power and they’re robbing governments of vital tax revenues.”
Knowledge is power and perhaps if more tipped employees understand what the tip credit is and when its abused, more employers will be forced to comply. Perhaps the NRA should invest its time educating business owners about these regulations rather than suing the government.
States and Cities’ New Stimulus Strategy: Booze Sales
Source: CNBC
Date: Sept. 28, 2010
Thanks to new laws, restaurant patrons in Massachusetts can now start ordering cocktails at 10 a.m. on Sundays, instead of noon. In Arizona they can start hitting the bottle at 6 a.m.-four hours earlier than previously allowed.
Fans of the new rules can clink their glasses and toast the recession, which has state and county leaders looking to revise their alcohol sales laws in order to give small businesses in their borders more sales and also increase tax revenue as they face large budget deficits.
Other law revisions are in the works. City and state politicians in Connecticut and Virginia are leading efforts to modify alcohol laws in their states.
“I have followed the ebb and flow of blue laws for 30 years, and in my opinion the pattern is that repeal efforts tick upward every time there’s a downturn in the economy,” said David Laband, economics and policy professor at Auburn University, who wrote a book on the laws that restrict alcohol sales on Sundays.
In the case of Massachusetts, the extra two hours of alcohol sales are meant to give small businesses a needed boost, officials in the state said, but it will also give some added revenue to the state.
“We have noticed a definite increase in our liquor sales and overall traffic on Sunday mornings,” says Alexa Demarco, the general manager of Mooo., a restaurant within the XV Beacon Hotel in Boston. “This has been also an added luxury to our Sunday morning brunch guests who are looking to order a bloody Mary, mimosa or one of our signature cocktails we now have listed on our brunch menu.”
Expanding alcohol sales hours also keeps residents to stay and spend money within a municipality’s borders, rather than leaving to buy alcohol from a neighboring state or county, says Laband. That was the case in Zephyrhills, Fla. The city passed legislation this year that allowed alcohol to be sold starting at 11 a.m. on Sundays instead of 1 p.m. because local restaurants and convenience stores were losing customers to surrounding counties that were selling alcohol at earlier hours, says Linda Boan, the Zephyrhills city clerk.
In Arizona, allowing alcohol sales to start at 6 a.m. on Sundays is expected to give added revenue to businesses around the state and especially to resorts in Phoenix and Scottsdale, says Representative Matt Heinz (D) who backed the amendment after a resident complained about not being able to buy a bottle of wine while doing her Sunday morning shopping for the week. “It’s common-sense, pro-business legislature,” says Heinz.
In Virginia, the governor is proposing to change the entire alcohol sales structure altogether.
In that state, residents can buy alcohol only from government-owned stores. Governor Bob McDonnell (R) proposed a plan in early September to privatize the alcohol system by selling 1,000 alcohol licenses. The sale is expected to give the state $500 million that would be used to improve its transportation systems.
And in Connecticut, the mayors of the three largest cities-Bridgeport, Hartford and New Haven-are pushing the governor to repeal the state’s blue laws, which ban alcohol sales on Sunday altogether. The mayor’s are saying the state could reap in $8 million in tax revenue after the repeal.
Experts say that with states and cities continuing to face large deficits, more of them will move to relax their laws.
“The economy is definitely a factor,” says Lisa Hawkins, spokesperson at the Distilled Spirits Council of the United States. “States are realizing they’re missing out on much needed revenue.”
Michigan: Maintain alcohol regulations
Source: Detroit Free Press
BY LOYCE LESTER AND CURTIS WILLIAMS
Jun 30th
“Don’t let the sparkle and smooth taste of wine deceive you. For in the end it bites like a poisonous serpent; it stings like a viper.”
That’s a saying from Proverbs. Yet Jesus turned water into wine when it ran out at a wedding. Wine is taken as a remembrance of our savior’s blood, yet too much wine is the downfall of kings.
Mountains of biblical scholarship, debating the meaning of Hebrew and Greek words, have been devoted to parsing the good book’s stance on alcohol. However, Americans have generally agreed that moderation is the key to healthy, moral living.
Our local regulations on alcohol reflect that view. Beer, wine and spirits may be only sold in licensed locations at appropriate hours, and drinking too much will land you in jail, particularly if you decide to get behind the wheel. These laws are the embodiment of our local values and serve to protect innocent citizens from the poor judgment caused by drunkenness.
These laws and our values are now under attack, besieged by corporate greed. Unfortunately, Michigan is on the front lines.
Major brewers and wineries as well as big-box retailers have filed a barrage of lawsuits against state and local governments that threaten to unravel the very alcohol regulations that keep our streets safe, keep our children healthy and protect our values. Without federal legislation clarifying the states’ legal authority to regulate alcohol sales (known as the Comprehensive Alcohol Regulatory Effectiveness Act, or CARE), profit-hungry corporate interests will inevitably overturn these laws and invite a new epidemic of alcoholism in America.
Michigan has been at the epicenter of this showdown between community values and the foreign-owned alcohol producers and giant retailers. A Supreme Court ruling, Granholm v. Heald, has been intentionally mischaracterized by producers and retailers as calling into question the states’ 21st Amendment right to regulate the sale and distribution of alcohol in favor of businesses’ right to engage in unrestricted interstate commerce.
Citing the Granholm decision, retailers, brewers and wineries have gone on the legal offensive, filing 26 separate lawsuits in an effort to overturn state and local laws regulating alcohol. As recently as 2008, a Florida-based retailer successfully sued the Michigan government and overturned more regulations regarding the distribution of alcohol. The judge in this case cited the Granholm decision.
The result of repealing these regulations is clear. Retailers and brewers will sell more alcohol at often cut-rate prices to more people, including minors.
The current laws establish a strict regime in which the state can effectively monitor alcohol sales, ensure that alcohol is safe, distributed to responsible retailers, restaurants and bars, and not sold to minors. These laws also establish an independent third party
- wholesalers – that block incentives from retailers and brewers to encourage binge drinking through deep discounts or even loss-leading practices.
Without these laws, alcohol will be sold just like bottled water.
Why wouldn’t we desire such an outcome? Retailers and brewers would make larger profits without being bothered by regulations. However, studies have shown that increasing the availability of alcohol encourages more irresponsible drinking, including underage drinking. Studies have also shown that the more outlets selling alcohol, the greater the number of alcohol-related violence and automobile accidents.
England provides the most frightening case study. After virtually eliminating alcohol regulations in 2005, alcohol became widely available at heavily discounted prices. Often, beer was priced below water in grocery stores. As a result, police have reported higher rates of alcohol-related violent behavior, underage drinking and binge drinking.
Our ministries put us in daily contact with the least fortunate in our communities, many of whom battle serious alcohol-related problems. We work tirelessly to provide a loving, caring, safe haven for people struggling with alcohol and drug addiction, helping them to understand that they are loved, that God forgives them, and that they can rebuild their lives. It is difficult to imagine that our court system would allow the profit motives of large corporations to grow the rolls of those afflicted by the terrible disease of alcoholism.
State governments are no match for the well-funded legal assault that is bent on alcohol deregulation. Federal legislation is essential. By clarifying the states’ 21st Amendment right to regulate alcohol, the CARE Act of 2010 would stop the legal onslaught that threatens to plunge many more Americans into alcoholism.
Our health, future and community values are dependent on this legislation.
The Rev. Dr. Loyce Lester is pastor of Original New Grace Baptist Church in Detroit. The Rev. Curtis Williams is pastor of Aijalon Baptist Church in Detroit.
Source: Detroit Free PressBY LOYCE LESTER AND CURTIS WILLIAMSJun 30th”Don’t let the sparkle and smooth taste of wine deceive you. For in the end it bites like a poisonous serpent; it stings like a viper.”That’s a saying from Proverbs. Yet Jesus turned water into wine when it ran out at a wedding. Wine is taken as a remembrance of our savior’s blood, yet too much wine is the downfall of kings.Mountains of biblical scholarship, debating the meaning of Hebrew and Greek words, have been devoted to parsing the good book’s stance on alcohol. However, Americans have generally agreed that moderation is the key to healthy, moral living.Our local regulations on alcohol reflect that view. Beer, wine and spirits may be only sold in licensed locations at appropriate hours, and drinking too much will land you in jail, particularly if you decide to get behind the wheel. These laws are the embodiment of our local values and serve to protect innocent citizens from the poor judgment caused by drunkenness.These laws and our values are now under attack, besieged by corporate greed. Unfortunately, Michigan is on the front lines.Major brewers and wineries as well as big-box retailers have filed a barrage of lawsuits against state and local governments that threaten to unravel the very alcohol regulations that keep our streets safe, keep our children healthy and protect our values. Without federal legislation clarifying the states’ legal authority to regulate alcohol sales (known as the Comprehensive Alcohol Regulatory Effectiveness Act, or CARE), profit-hungry corporate interests will inevitably overturn these laws and invite a new epidemic of alcoholism in America.Michigan has been at the epicenter of this showdown between community values and the foreign-owned alcohol producers and giant retailers. A Supreme Court ruling, Granholm v. Heald, has been intentionally mischaracterized by producers and retailers as calling into question the states’ 21st Amendment right to regulate the sale and distribution of alcohol in favor of businesses’ right to engage in unrestricted interstate commerce.Citing the Granholm decision, retailers, brewers and wineries have gone on the legal offensive, filing 26 separate lawsuits in an effort to overturn state and local laws regulating alcohol. As recently as 2008, a Florida-based retailer successfully sued the Michigan government and overturned more regulations regarding the distribution of alcohol. The judge in this case cited the Granholm decision.The result of repealing these regulations is clear. Retailers and brewers will sell more alcohol at often cut-rate prices to more people, including minors.The current laws establish a strict regime in which the state can effectively monitor alcohol sales, ensure that alcohol is safe, distributed to responsible retailers, restaurants and bars, and not sold to minors. These laws also establish an independent third party- wholesalers – that block incentives from retailers and brewers to encourage binge drinking through deep discounts or even loss-leading practices.Without these laws, alcohol will be sold just like bottled water.Why wouldn’t we desire such an outcome? Retailers and brewers would make larger profits without being bothered by regulations. However, studies have shown that increasing the availability of alcohol encourages more irresponsible drinking, including underage drinking. Studies have also shown that the more outlets selling alcohol, the greater the number of alcohol-related violence and automobile accidents.England provides the most frightening case study. After virtually eliminating alcohol regulations in 2005, alcohol became widely available at heavily discounted prices. Often, beer was priced below water in grocery stores. As a result, police have reported higher rates of alcohol-related violent behavior, underage drinking and binge drinking.Our ministries put us in daily contact with the least fortunate in our communities, many of whom battle serious alcohol-related problems. We work tirelessly to provide a loving, caring, safe haven for people struggling with alcohol and drug addiction, helping them to understand that they are loved, that God forgives them, and that they can rebuild their lives. It is difficult to imagine that our court system would allow the profit motives of large corporations to grow the rolls of those afflicted by the terrible disease of alcoholism.State governments are no match for the well-funded legal assault that is bent on alcohol deregulation. Federal legislation is essential. By clarifying the states’ 21st Amendment right to regulate alcohol, the CARE Act of 2010 would stop the legal onslaught that threatens to plunge many more Americans into alcoholism.Our health, future and community values are dependent on this legislation.The Rev. Dr. Loyce Lester is pastor of Original New Grace Baptist Church in Detroit. The Rev. Curtis Williams is pastor of Aijalon Baptist Church in Detroit.
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Off-Premise Wine Sales Increase in June
Source: WineBusiness.com
July 10th
Off-premise wine sales data increased 2.2 percent from the same period last year in the four weeks ending June 26 according to The Nielsen Company-tracked data. In the 13 weeks ending June 26, sales were up 3.1 percent.
Domestic wine sales increased 3.6 percent while imported wine sales declined 1.3 percent in the 4 weeks ending June 26. In the 13 weeks ending in the same period, domestic sales increased 4.8 percent while imported wine decreased 1.2 percent.
Most of the growth took place in the over $20 price segment, which increased 14.6 percent in the 4 weeks and 12.3 percent in the 13 weeks ending June 26. Segments showing modertate growth include the $9-11.99, $12-14.99 and $15-19.99 price points.
Wine sales in the $0-2.99 and $6-8.99 price points declined in June. In the 4 weeks ending June 26, wine sales fell 2.7 percent in the $0-2.99 price segment and fell 3.6 percent in the $6-8.99 category.
Source: WineBusiness.com July 10th
Off-premise wine sales data increased 2.2 percent from the same period last year in the four weeks ending June 26 according to The Nielsen Company-tracked data. In the 13 weeks ending June 26, sales were up 3.1 percent.Domestic wine sales increased 3.6 percent while imported wine sales declined 1.3 percent in the 4 weeks ending June 26. In the 13 weeks ending in the same period, domestic sales increased 4.8 percent while imported wine decreased 1.2 percent.Most of the growth took place in the over $20 price segment, which increased 14.6 percent in the 4 weeks and 12.3 percent in the 13 weeks ending June 26. Segments showing modertate growth include the $9-11.99, $12-14.99 and $15-19.99 price points.Wine sales in the $0-2.99 and $6-8.99 price points declined in June. In the 4 weeks ending June 26, wine sales fell 2.7 percent in the $0-2.99 price segment and fell 3.6 percent in the $6-8.99 category.
Rave supports Safe and Sober in Minnesota
The State of Minnesota Department of Public Safety (DPS) Alcohol & Gambling Enforcement Division (AGED) enforces and maintains the integrity of the alcohol and gambling industries. As part of that ongoing enforcement, the Retail Alcohol Vendor Enforcement (RAVE) began as a pilot program specific to Anoka County in September 2008. RAVE has since been met with such an overwhelming positive response from both the law enforcement and licensed beverage communities that it has expanded to include Dakota, Hennepin, Ramsey, Sherburne, Washington and Wright counties.
The RAVE program focuses on better educating liquor licensees in an effort to stop the service of alcohol to obviously intoxicated persons and reduce the number of alcohol-related traffic crashes and DWI arrests. When violations of state liquor statutes are found, enforcement is primarily handled by using a civil administrative process instead of traditional criminal sanctions.
The RAVE program supports the DPS-sponsored NightCAP and Safe & Sober impaired driving enforcement campaigns by making in-person contact with licensed liquor establishments during the enforcement periods. AGED agents advise on the RAVE program and provide educational material which includes posters, coasters, cocktail napkins, and a pamphlet explaining Minnesota’s liquor laws. AGED agents also use the opportunities to specifically answer any questions from liquor license employees, offer server training assistance and review the Responsibility of the Licensee and Sales to Obviously Intoxicated Persons statutes which state:
340A.501 Responsibility of Licensee. Every licensee is responsible for the conduct in the licensed establishment and; any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee for the purposes of all provisions of this chapter except section 340A.701, 340A.702 and 340A.703.
340A.502 Sales to Obviously Intoxicated Persons. No person may sell, give, furnish or in any way procure for another an alcoholic beverage for the use of an obviously intoxicated person.
Additionally, AGED agents attend NightCAP and Safe & Sober briefings at which they request law enforcement officers to notify AGED agents of any DWI arrest where the driver has had a alcohol concentration of 0.16 or more; any DWI arrest involving a property damage or personal injury accident; and/or any alcohol-related arrest or incident involving an underage person, where the arrested person has indicated to have last consumed alcohol at a specific establishment in the NightCAP and/or Safe & Sober area.
Get approved alcohol server training for Minnesota from Serving Alcohol Inc