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RECENTLY INTRODUCED LEGISLATION
of Municipal Importance
Below is a continuing summary of the 2023-2024 Legislative proposals the League is monitoring.
AB 304, Regulation of Alcohol Beverages and Enforcement of Alcohol Beverage Laws. The alcohol regulation bill with nearly two dozen provisions is the result of several stakeholders in the state's alcohol industry working together in an attempt to produce compromise legislation. Many items in the bill have been introduced before only to fall short in the legislative process.
AB 304 would address licenses for popular wedding barns, push back closing times for wineries and allow underage persons at new axe throwing establishments with liquor licenses. Another major provision is the proposal to create a Division of Alcohol Beverages in the Department of Revenue. The new office would create a separate division with bureaus dedicated to enforcement, legal services, and education and community outreach, according to the Legislative Reference Bureau summary of the bill.
Upon initial review our team identified some good provisions in the bill for municipalities including:
- Allows a municipality to transfer liquor licenses more broadly than just to an adjoining municipality.
- Allows Class C (wine) licenses to be issued to premises besides restaurants.
- Increases the safe ride surcharge from $50 to $75.
- Allows breweries to open restaurants.
The bill also contains some provisions that infringe on local control. Those items include:
- The bill would prevent local governments from prohibiting Class A licensees from giving away limited free samples.
- Creation of a DOR-issued bartenders license usable anywhere in the state. Currently, issuing bartenders licenses is the sole discretion of local governments.
- Creation of a DOR-permitted “Full-service retailer” associated with a local brewery, winery, or distillery. The larger the producer, the more retail locations (up to 3) they can open. The retailer can sell alcohol and stay open as long as bars are allowed to be open under local ordinances. Both local governments and the state MUST permit the retailer, although the locals could restrict sales at the location to only the type of product produced by the brewery, winery, and distillery.
- Creation of a DOR-permitted “No-sale event venue.” Think “wedding barn.” This allows DOR to issue a license for event venues to give away beer and wine (no liquor).
This is a leadership bill and it is moving very quickly. It was introduced late last week and the Assembly State Affairs Committee has scheduled public hearing on Tuesday, June 13th at 1:30 pm in Room 300 Northeast in the State Capitol on the bill. The League is continuing to review this comprehensive bill.
⭐ Please contact the League if you are interested in testifying on this bill at Tuesday's hearing or if you have any insight or comments after reviewing the legislation.
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