[IBU] Lift the Limit

Tue Jan 22 15:24:39 CST 2008

I thought it was South Carolina, but it doesn't particularly matter. Their legislation probably isn't going to be useful to Iowa unless their state code mirrors Iowa's. 

Drafting the language shouldn't be terribly difficult, it just comes down to how the law should be changed.

I've read this section of the Iowa code in the past and while it isn't fresh in my memory the general outline is as follows:

Any beverage containing alcohol of more than 1/2 % is classified as liquor and must be taxed as such and wholesaled through the state warehouse. Then exemptions are carved out for both beer and wine. In the definition of beer a cap of 5% alc by weight is included. The question when it comes to drafting language is more one of politics than finding the correct wording. The simplest change would be to either eliminate that section entirely or change the number. The political problem is that some of the aclo-pops & 'hard lemonade' type beverages currently fall under the 'beer' definition. These are the things the kiddies are drinking and there will be some blow back against raising the limit on things that don't look like beer. If the entire definition is rewritten that opens up all kinds of chances for lobbying for things to skirt the intent of the law and you end up with a mess like the whole touch play debacle where an instant fix for the perceived problem is then demanded. For our own selfish purposes I'd say we just encourage the simplest change possible since all we really want is not to remake the whole structure (actually I'd like to, but that isn't reasonably possible) but to adjust it to more readily fit the marketplace of available products.
  ----- Original Message ----- 
  From: John Martin 
  To: Mark McAndrews ; ibu at iowabrewersunion.org 
  Sent: Tuesday, January 22, 2008 3:03 PM
  Subject: RE: [IBU] Lift the Limit

  All good comments.  This is very encouraging.

  I think North Carolina lifted their limit about two years ago.  Would it be helpful for Mr. Zirkelbach to have a copy of their proposed legislation as a template?  Just a thought. (I don't have a copy, but a copy could probably be found somewhere on the internet).

  Also, should we get the "placeholder" would it make sense to rally the troops (other homebrew clubs and the Iowa Brewer's Guild) around the state to encourage them to write their state congressman?

  Cheers!

  John Martin
  Project Manager

  515-699-7178 office
  515-699-7179 fax
  515-490-0605 mobile

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  From: ibu-bounces at iowabrewersunion.org [mailto:ibu-bounces at iowabrewersunion.org] On Behalf Of Mark McAndrews
  Sent: Tuesday, January 22, 2008 2:07 PM
  To: ibu at iowabrewersunion.org
  Subject: Re: [IBU] Lift the Limit

  This session is scheduled to be short & sweet, being an even numbered year --- they want to wrap up early and get home for campaigning. This session there will be little stomach for tackling tough or controversial issues. The coffers are full, the governor already wants to spend more than he has and the legislature will likely just slap down some of his condition of the state proposals. 

  The one down side to proposing this now is that in an election year MADD & the other neo-prohibitionists will likely glom onto any proposal as making the highways more dangerous and encouraging drunk driving. This will be an easy thing to twist in an attach ad prior to election. On the plus side few seats in the house are actually contested, so it doesn't matter so much. I'm game for any chance to get it on the agenda.

  Also, expect the numnuts at ABC to claim there will be a loss of revenue due to decreasing taxation of the high alc beers. Don't forget to stress to your legislators that we all have a file somewhere on our computers with the best beer stores in Omaha, the Twin Cities, Chicago, St. Louis, KC.... so that we can load up on these beers everytime we cross the state line.
    ----- Original Message ----- 
    From: Sabus, Brian 
    To: randle.boyd at mchsi.com ; ibu at iowabrewersunion.org 
    Sent: Tuesday, January 22, 2008 1:53 PM
    Subject: Re: [IBU] Lift the Limit

    I don't know Randle, but I'll certainly ask him when I talk to him; it would be nice to have him give us the skinny at some point during the 2008 session.

    -Brian

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    From: randle.boyd at mchsi.com [mailto:randle.boyd at mchsi.com] 
    Sent: Tuesday, January 22, 2008 1:47 PM
    To: Sabus, Brian; ibu at iowabrewersunion.org
    Subject: Re: [IBU] Lift the Limit

    Awesome.  Is there any chance that he would like to speak to possible legislation at an IBU meeting?

    Cheers,

    Randle

      -------------- Original message from "Sabus, Brian" <brian.sabus at pioneer.com>: -------------- 

      Hello All,

      Just wanted to let you know that a friend of mine whom is a legislative consultant introduced me to Iowa District 31 Representative Ray Zirkelbach 3 weeks ago over a couple of beers at the El Bait Shop.  Well, turns out that Mr. Zirkelbach is a "beer enthusiast" and he called my friend again today and wants to put together a "placeholder" piece of legislation then draft some more specific language over the course of the next few weeks to change Iowa's 5% Law. 

      Anyway, I imagine he will also be contacting Mike England on this issue as Mike is our expert in this area.

      Not sure what will come of this, but it can't hurt.  Ray is the chair of one committee in the House so he does have a little pull.  I'll keep you posted on how this proceeds if it indeed goes anywhere.

      Later,

      Brian

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