[IBU] Lift the Limit

Lenderts, Brian brian.lenderts at pioneer.com
Tue Jan 22 15:29:36 CST 2008


Looks like NC topped the "beer" limit @ 12%.  So from their wording to
ours (state 2 state), might be very similar.  

 

 

________________________________

From: ibu-bounces at iowabrewersunion.org
[mailto:ibu-bounces at iowabrewersunion.org] On Behalf Of Mark McAndrews
Sent: Tuesday, January 22, 2008 3:25 PM
To: ibu at iowabrewersunion.org
Subject: Re: [IBU] Lift the Limit

 

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 <mailto:jmartin at grahamconstruction.com>  

	To: Mark McAndrews <mailto:markmcandrews at msn.com>  ; 
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

	 

	 

	
________________________________


	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 <mailto:brian.sabus at pioneer.com>  

		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

		 

		 

		
________________________________


		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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