Monthly Archives: October 2013

Alcohol Regulatory Law: 21st Century Issues

General, OLCC, Privatization

Alcohol Regulatory Law: 21st Century Issues

I gave a presentation today to Lewis & Clark Law School’s Business Law Society on the history of alcohol regulation in the US and the issues that are relevant today. We had a lively discussion of the modernization and/or privatization of the OLCC, the role of the initiative process, public interest, financial interests and other interests in today’s alcohol regulatory environment, and how understanding the history of alcohol regulatory law helped make sense of it all. It was great to see so many bright and interested students. We have a bright future with these law students in the pipeline.

Third Retail Innovations Workgroup to Meet this Morning (October 24th) at the OLCC

Laws & Rules, OLCC, Privatization

The OLCC is hosting its third “Retail Innovations” workgroup meeting later this morning. The group is made up of key interest groups and stakeholders in the alcohol beverage industry in Oregon and nationally. The purpose of the group is to discuss issues broadly related to modernizing and/or privatizing the OLCC. I will be providing a more detailed review of the first three meetings over the weekend.

The agenda for today’s workgroup is here.

OLCC Slated to Appoint Steve Marks as the New ED of the Agency Today

OLCC

The fourth item on the Commissioner’s agenda today is “Administration” and includes the Appointment of Executive Director/Administrator. The fact that no one’s name is listed on the agenda does not mean this will be a surprise. It is no secret that Steve Marks will likely be appointed as the new Executive Director of the OLCC today. I will be at the meeting and will let you know if there is any surprise here, but don’t hold your breath.

The OLCC’s agenda is here

Former Advisor to Gov. Kitzhaber may be Named the Next Executive Director of the OLCC

OLCC

The OLCC Commissioners may soon be considering Steve Marks for the top position of Exeuctive Director at the OLCC. The position has been open since late 2012 when Steve Pharo chose to retire (under some pressure to do so). The OLCC’s next meeting is scheduled for October 24-25 at its Portland headquarters. Steve Marks has a long history with Governor Kitzhaber, but does not appear to have experience running a state agency. Most recently, Marks has been working on the governors’ regional solutions program. The agency is headquartered in Portland with regional offices in Bend, Eugene, Medford and Salem. The OLCC has the exclusive right to sell packaged distilled spirits, which are dispersed statewide from a distribution center in Portland and sold in 242 retail liquor stores operated by contracted agents.

NALCP Conference in Savannah and Their New Website

General

The NALCP conference in Savannah, Georgia started with an outline of Georgia’s tied house laws today. Many attendees arrived yesterday and gathered informally in Savannah last night. Many were surprised to find out that Savannah allows open containers in its historic district. What’s not to love?

The NALCP also launched their new website. A great new look and new features! Check it out here.

TTB Closed for Business Due to the Government Shutdown

TTB

All the talk about the general public not noticing the government shutdown is just talk for anyone that hopes to open a winery, brewery, distillery or any other business that requires a TTB approval in the near future. The TTB has shutdown its Permits Online and has given notice that its staff will not be responding to queries, whether via email, telephone or otherwise. This will also impact existing businesses that may want to make a change to their operation, or obtain approvals for labels or formulas.

For more information on the TTB shutdown, click here.

The TTB will continue to collect taxes and pursue criminal violations according to their Shutdown Plan.

The impact on new businesses that have already made a significant capital expenditures, signed a lease, etc., but cannot start operations without a TTB permit, could be catastrophic.