[IBU] FW: FW: Craft Beer in Iowa
Meyer, David
david.j.meyer at pioneer.com
Wed Jan 30 14:26:01 CST 2008
Ditto. Maybe they are teh lamerz....
-DJ
________________________________
From: ibu-bounces at iowabrewersunion.org
[mailto:ibu-bounces at iowabrewersunion.org] On Behalf Of Mike Edwards
Sent: Wednesday, January 30, 2008 2:10 PM
To: Lenderts, Brian
Cc: ibu at iowabrewersunion.org
Subject: Re: [IBU] FW: FW: Craft Beer in Iowa
I contacted my reps, but didn't receive any replies yet. :(
Lenderts, Brian wrote:
Attached is my discussion w/ my local Rep - Walt Tomenga. He
was
interested in this upcoming legislation discussion.
BTW - If you don't contact your rep, you have no room to
complain if
something doesn't get done... They will be more inclined to act
with
the more voices they hear. It's not even a phone call or a trip
to
someone's office. It's an email!
http://www.legis.state.ia.us/FindLeg/
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________________________________
Subject:
RE: Limit the limit on beer - Legislation
From:
"Lenderts, Brian" <brian.lenderts at pioneer.com>
<mailto:brian.lenderts at pioneer.com>
Date:
Wed, 30 Jan 2008 09:34:04 -0600
To:
"Tomenga, Walt [LEGIS]" <Walt.Tomenga at legis.state.ia.us>
<mailto:Walt.Tomenga at legis.state.ia.us>
To:
"Tomenga, Walt [LEGIS]" <Walt.Tomenga at legis.state.ia.us>
<mailto:Walt.Tomenga at legis.state.ia.us>
Greetings Walt
I have found the information you are looking for from a
confirming
website (our own Iowa Code).
This is a link to the Iowa Code CHAPTER 123 ALCOHOLIC BEVERAGE
CONTROL
----> http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/123/
If you follow the link 123.3 (Definitions)
(http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/123/3.html)
you will
find the information to clarify this issue. This is also
captured
below.
You can see how Alcoholic liquor is defined as pretty much
anything over
5% (including those beers 5% or greater) but excludes wine
entirely
ranging from 5%-17%. Such a fine stipulation was made for wine
excluding it from the "Alcoholic liquor "definitions. On the
contrary,
any beer over 5% falls into this "Alcoholic liquor " region and
is so
heavily taxed, most distributors will not deal with our Iowa
system.
And of course you have a "premium" gourmet beverage which
already costs
10x more than your frizzy yellow bud light. You literally have
hundreds
of beers over 5% wt which are excluded by these definitions.
Based on
definitions, why not create a range for beer similar to wine? I
believe
most states are topping beer off at 15%. In fact, Sam Adams
makes a
really big beer (Utopia - 25%) but alas it would be most ideal
to simply
capture the majority of the market (ranging up to 15%).
Realistically what is the concern? Kids are not interested in
high
alcohol beers. They actually have flavor. And they cost more (I
paid
$11 for a 4 pack of Sierra Nevada Bigfoot purchased in Sioux
Falls, SD
this past summer). In fact, if a kid wants to get a buyer and
get
drunk, I'm sure they'll get the cheapest fizzy yellow beer
available.
Realistically, a 750ml of Everclear can be purchased for dirt
cheap
which I consider quite dangerous for any consumption. And of
course you
have wine which ranges up to 17% and is readily available in
Dahls,
HyVees and quite a few convenience stores. Why is there such a
distinction for wine despite the higher alcohol content? So if
you look
at interest of such beers and cost, I don't believe there is a
strong
concern with raising the alcohol content up to ~15%.
Why let this money venture out of state? When I found Sierra
Nevada's
Bigfoot beer (actually 9.4%) in South Dakota, I purchased 4 4pks
at $11
a pop. That was simply because I cannot find it here in Iowa
due to the
cumbersome tax system for beers higher than 5%. We are
surrounded by
states (SD, MN, IL, MO, and NE) that have no distinction on the
alcohol
content of beer (or allow a higher than 5% range). I know
several
individuals who make trips out of state and drop several hundred
dollars
on these gourmet beers unavailable to Iowans. In fact I'm
looking
forward to a trip out to CA and anticipate bringing a few
beverages
back. Iowa is in the minority with this alcohol limit on beer.
Once again, I really appreciate your involvement in this issue.
I'm
sure a great solution to this issue is available for discussion.
Please
let me know how I can help any further.
Brian Lenderts
515 - 253 - 9657
5721 NW 93rd Johnston, IA
3. "Alcohol" means the product of distillation of any fermented
liquor
rectified one or more times, whatever may be the origin thereof,
and
includes synthetic ethyl alcohol.
5. "Alcoholic liquor" or "intoxicating liquor" means the
varieties of
liquor defined in subsections 3 and 33 which contain more than
five
percent of alcohol by weight, beverages made as described in
subsection
7 which beverages contain more than five percent of alcohol by
weight
but which are not wine as defined in subsection 37, and every
other
liquid or solid, patented or not, containing spirits and every
beverage
obtained by the process described in subsection 37 containing
more than
seventeen percent alcohol by weight, and susceptible of being
consumed
by a human being, for beverage purposes. Alcohol manufactured in
this
state for use as fuel pursuant to an experimental distilled
spirits
plant permit or its equivalent issued by the federal bureau of
alcohol,
tobacco and firearms is not an "alcoholic liquor".
7. "Beer" means any liquid capable of being used for beverage
purposes
made by the fermentation of an infusion in potable water of
barley,
malt, and hops, with or without unmalted grains or decorticated
and
degerminated grains or made by the fermentation of or by
distillation of
the fermented products of fruit, fruit extracts, or other
agricultural
products, containing more than one-half of one percent of
alcohol by
volume but not more than five percent of alcohol by weight but
not
including mixed drinks or cocktails mixed on the premises.
33. "Spirits" means any beverage which contains alcohol
obtained by
distillation mixed with drinkable water and other substances in
solution, including, but not limited to, brandy, rum, whisky,
and gin.
37. "Wine" means any beverage containing more than five percent
but not
more than seventeen percent of alcohol by weight obtained by the
fermentation of the natural sugar contents of fruits or other
agricultural products but excluding any product containing
alcohol
derived from malt or by the distillation process from grain,
cereal,
molasses or cactus.
_____
From: Tomenga, Walt [LEGIS]
[mailto:Walt.Tomenga at legis.state.ia.us]
Sent: Tuesday, January 29, 2008 3:58 PM
To: Lenderts, Brian
Subject: RE: Limit the limit on beer - Legislation
Dear Mr. Lenderts:
Thanks for taking the time to write on an interesting issue,
especially
as micro-brewing seems to be a growing industry. I don't mean
to seem
ignorant on the issue, but how is wine distribution regulated as
differentiated from beer? Is non-fortified wine classified as
liquor as
well? I will study Rep. Zirkelback's legislation when it is
introduced
and take your comments into account when I decide how to vote.
Regards,
Walt Tomenga
_____
From: Lenderts, Brian [mailto:brian.lenderts at pioneer.com]
Sent: Tuesday, January 29, 2008 10:03 AM
To: Tomenga, Walt [LEGIS]
Subject: Limit the limit on beer - Legislation
Mr. Tomenga
I am contacting you to voice my opinion on the need to change
the
definition of BEER in Iowa's Alcoholic Beverage Control laws.
Currently,
Beer is limited to 5% alcohol by weight. This is very antiquated
and
incorrectly classifies many craft and micro brews as liquor.
Beer
having alcohol content higher than 5% is not liquor by any
means. This
law forces beers with higher alcohol content to the state's
distribution
system for liquor. While this system may work well for liquor,
it does
not work as well for beer. As it stands, the current legislation
is both
cumbersome and oppressive to hundreds of marketed products
higher than
5% alcohol. Many breweries will not distribute their beer to
Iowa
because of this system. It is not uncommon for beer aficionados
to stock
up with craft beer when visiting Omaha, Kansas City,
Minneapolis, and
Chicago, all of which have less onerous legislation for the
distribution
of beer. Why allow this money to leave the state? Iowa
breweries and
brew pubs are put at an unfair competitive disadvantage because
of this
legislation. They cannot compete with those same breweries from
Kansas
City, Minneapolis, Chicago or Omaha all of which reside right
next door
to Iowa.
While I am not an attorney, I believe that revising this
legislation
would be rather easy. Chapter 123 of the Iowa Code deals with
Alcoholic
Beverage Control. Sections five and seven speak to the break
point of
alcohol that differentiates beer from liquor. Changing five
percent to
fifteen percent in these two sections would correct this archaic
legislation. Perhaps there are additional sections of the Code
that will
need to be changed. Anyway, I am of the understanding that Iowa
District
31 Representative Ray Zirkelbach will be introducing such
legislation
during this session.
Walt, please looks over the attached website -
http://www.liftthelimit.org/ - it really captures the essence of
this
issue. North Carolina recently passed similar legislation
raising their
beer alcohol limit from 6% to 15%. Hopefully Iowa can mimic
this
effort. http://www.popthecap.org/?page_id=2
With many regards,
Brian L. Lenderts
Johnston, Iowa
515 253-9657
This communication is for use by the intended recipient and
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--
Mike Edwards
www.edwardsbrewing.com
There are 3 days until Bockfest 2008!
http://www.schellsbrewery.com/newsevents_info.php?id=6
This communication is for use by the intended recipient and contains
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