America’s Beer Distributors: Celebrating 75 years of effective, state-based alcohol regulation Why America’s state-based beer distribution system works F or 75 years, the American three-tier system (composed of brewers, distributors and retailers) has proven to be the best way – and the only effective and safe way – to control alcohol beverages and protect consumers. This system has four primary goals: 1. To facilitate state and local control 2. To generate tax revenues that can be collected efficiently from the industry 3. To promote temperance, moderation and an orderly marketplace 4. To avoid the overly aggressive marketing and sales practices of the pre-Prohibition era. Today, America’s beer distributors operate under federal, state and local regulations concerning when, where, to whom and how their products are sold. Few American industries are more highly regulated than the beer industry. Regulation America’s 2,750 beer distributors are licensed by both the state and federal governments. They receive alcohol beverages only from licensed importers or brewers, and they sell those beverages only to licensed retailers. This structure creates transparency and accountability and provides a balance between competition and effective regulation. Alcohol is not like chewing gum or toothpaste and is not regulated the same way as these and other consumer products. Alcohol is the subject of two constitutional amendments: the 18th Amendment and the 21st Amendment. Alcohol beverages are unique and can have consequences if abused. As society addresses problems like underage drinking and drunk driving, the importance of maintaining effective alcohol regulation is critical. People in New York feel very differently about alcohol than those in Utah, and as the U.S. witnessed during Prohibition, a one-size-fits-all approach to alcohol regulation does not work. The 21st Amendment, which repealed Prohibition and established today’s modern, three-tier system, was also designed to reflect local thought on the level of regulation needed for alcohol. As a result, state-based regulation provides each state the flexibility to deal with local needs, demands and circumstances. While laws governing alcohol regulation differ from state to state, all of America’s beer distributors work hand-in-hand with state regulators to advance each state’s individual approaches to regulation. Consumer Protection The state-based, three-tier system of alcohol distribution works to protect American consumers from the counterfeit and poisonous alcohol that is prevalent in many other countries. You don’t see alarming headlines like these about American alcohol: • 40,000 Russians die annually of poisonous alcohol • Nearly 60% of liquor found in Chinese cities is fake • 125 Die in India after drinking illicit liquor The U.S. has the safest alcohol laws in the world. American consumers enjoy unequaled safety thanks to state-based “chain of custody” laws which states must keep strong in order to protect consumers. Transparency While the system works to prevent tainted alcohol from entering the supply chain, if tainted alcohol were to be discovered in the U.S., the current regulated distribution system would be able to quickly and efficiently react and prevent the product from reaching consumers. Only federally-registered manufacturers can produce or ship beer into the U.S., and they may only provide their products to a distributor that is licensed by both the state and the federal government. The distributors are then required to sell only to state-licensed retailers who then sell the product only to consumers of legal drinking age. This system of alcohol distribution ensures products are transparent in the supply chain from the day they are bottled or canned to the day they are purchased by a consumer. Transparency in “chain of custody” laws makes it easier to enforce state regulations and local ordinances, and the transparent beer distribution system also regulates retail sales - ensuring that retailers hold the appropriate license, do not sell to those under the legal drinking age, pay state and local taxes and generally comply with state and local alcohol beverage laws. state taxes. For this reason, many states find it easier to collect taxes from a limited number of federally licensed beer distributors than the hundreds or thousands of retail establishments in their state that sell alcohol products. Accountability With nearly 13,000 labels of beer available across the U.S. from brewers large and small, domestic and international, America’s distribution system gives retailers and consumers access to unparalleled choice and variety. No other country in the world offers as many styles and flavors. Beer distributors are the vehicle to market for all brands of beer, providing equal access to market for large, multinational brands and small, local craft brews. This helps ensure a level playing field for all brewers. Beer distributors help small brewers grow and compete by maximizing their sales reach. Distributors unlock the market for startup and small beer brands, providing the infrastructure small brewers need to reach a wide network of retailers. Consumers benefit by having the choice between the largest international brands and the smallest local brands, all on the same store shelf, restaurant list and bar tap. And because of the economic efficiencies of the distribution system, retailers are able to offer a large selection of choices at a great value. The same regulations that provide accountability in beer sales also ensure states can efficiently collect taxes on alcohol products. Because they retain the ability to monitor the sale of the products from the time the beer leaves the brewery until it arrives at a licensed retail outlet, distributors are often best equipped to collect Most Variety In The World Keeping The Perishable Product Safe And Fresh Beer is a perishable product, and distributors preserve beer by utilizing state-of-the-art, temperaturecontrolled warehouses and transportation systems. They deliver customized inventory based on requirements from individual retailers including restaurants, bars and neighborhood stores. After delivery, distributors monitor retailer shelves, taps and keg lines to ensure consumers are receiving the freshest product. While providing choice and value to retailers and consumers, distributors work simultaneously with state regulators to ensure accountability of these unique products and an orderly marketplace. Economic Contribution Beer distributors across the country provide rewarding jobs to more than 91,000 hard-working men and women who make solid wages and receive great benefits including company-provided healthcare. Distributors pay employees more than $4.9 billion collectively in wages and benefits. The overall economic contribution from America’s beer distributors is a whopping $11.6 billion. Every dollar spent on beer distribution adds $1.50 in economic activity – generating 30 cents in federal tax revenue and 18 cents in state and local tax revenue.1 1 Guerrilla Economics, LLC The beer industry as a whole, which includes brewers, distributors and licensed retailers, is a major contributor to the U.S. economy. Directly and indirectly, the beer industry employs approximately 1.78 million Americans, providing them with $55 billion in wages and benefits. The industry provides $36 billion in business, personal and consumption taxes. Please visit www.beerservesamerica.org for specific economic contributions from every state and congressional district in the U.S. Responsibility/Community Involvement Beer distributors are active in their communities, working tirelessly to sponsor programs that combat underage consumption and fight drunk driving. Although they are small businesses, the impact of their civic programs is farreaching. Initiatives such as free taxi rides, server training and tips, inspirational speaker presentations and educational materials are just some of the many ways that beer distributors work to keep citizens in their local communities safe and healthy. Additionally, distributors frequently support countless charities and philanthropic causes. “STOP” Underage Drinking Act America’s Beer Distributors partnered with several like-minded and nontraditional organizations to support the “Sober Truth on Preventing (STOP) Underage Drinking Act,” which addresses the serious health and safety issues involved with underage drinking. The STOP Act specifically provides the necessary tools at the federal, state and local levels to help prevent alcohol consumption by those who are not of legal drinking age. Future of State-Based Alcohol Regulation W hile America’s state-based, three-tier distribution system provides consumers with unparalleled choice, variety and safety, a number of legal challenges and threats to the system’s integrity are ongoing in several states. Special economic interests including large, big box retailers a small number of alcohol manufactures are seeking to deregulate alcohol through litigation. The result may be a reduction in a state’s ability to control alcohol effectively and a reduction in selection, choice and variety for consumers. If non-elected judges rule against the legitimacy of the three-tier system, these decisions would give big-box, mega-retailers even greater competitive advantages against small retailers. When independent retailers suffer at the hands of huge corporations, consumers are impacted by the loss of choice, variety and safety. States will also be impacted by the high costs of transportation, logistics, refrigerated storage, delivery and constant maintenance of a perishable product like beer. National Beer Wholesalers Association 1101 King Street, Suite 600 Alexandria, Virginia 22314-2944 703-683-4300 • FAX: 703-683-8965 Toll Free: 800-300-6417 www.nbwa.org
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