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Judge says there is no constitutional right to cold beer (1 Viewer)

wazoo11

wazoo11

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INDIANAPOLIS - An attempt to allow grocery stores and convenience stores to sell cold beer in Indiana has fallen flat.

A federal judge in Indianapolis has thrown out a lawsuit which seeks the sale of cold beer by all retail outlets that hold a beer dealer permit.

Chief Judge Richard Young handed down the 34-page order late Monday afternoon. In it, he upholds the current state law.

Currently, only package liquor stores can sell "chilled" beer, other stores must sell it at room temperature.

The Indiana Petroleum Marketers and Convenience Store Association filed the lawsuit in May 2013 to challenge the law that bars the sale of cold beer by convenience and grocery stores. The group claimed Indiana's alcohol law violates the equal protection of the U.S. Constitution by favoring one class of retailer of another.

Monday's ruling said allowing convenience and grocery stores to sell cold beer would mean more alcohol sales in Indiana, making it harder for Indiana State Excise Police to enforce state liquor laws.

The ruling also rejected claims by the convenience store group that the law is "arcane," saying the legislature has drawn a line on what it will allow and has made a case for it, so it is not for the judge to act as a super-legislature and overturn it.

"Our members and Hoosiers are disappointed that the court did not rule to end an irrational, discriminatory and outdated law," said IPCA Executive Director Scot Imus. "There is wide-support to modernize Indiana’s alcohol laws, and we will continue to fight for fairness in the marketplace."

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cstu said:
Currently, only package liquor stores can sell "chilled" beer
Click to expand...
What means this?
Click to expand...
"Packies". In some states, only the state gov't can operate a store that sells any alcoholic item, beer, wine, or liquor. When I was growing up in CT, only package stores could sell hard liquor. If you wanted beer, you could buy them at a supermarket, but if you wanted wine or vodka, you had to go to a separate store that only sold beer, wine and hard alcohol. ID'd at the door to get in. No alcohol sales at any store, package or grocery, after 8PM.

It was a fun adjustment moving to CA where they sell alcohol anywhere. Grocery Store. Drug Store has a Wine section. Hell, they will sell you a six pack of beer or Thunderbird at a gas station here. A gas station. Might as well put up a sign at the border saying "Drunk Drivers Welcome!"

 
Sarnoff said:
cstu said:
Currently, only package liquor stores can sell "chilled" beer
Click to expand...
What means this?
Click to expand...
"Packies". In some states, only the state gov't can operate a store that sells any alcoholic item, beer, wine, or liquor. When I was growing up in CT, only package stores could sell hard liquor. If you wanted beer, you could buy them at a supermarket, but if you wanted wine or vodka, you had to go to a separate store that only sold beer, wine and hard alcohol. ID'd at the door to get in. No alcohol sales at any store, package or grocery, after 8PM.

It was a fun adjustment moving to CA where they sell alcohol anywhere. Grocery Store. Drug Store has a Wine section. Hell, they will sell you a six pack of beer or Thunderbird at a gas station here. A gas station. Might as well put up a sign at the border saying "Drunk Drivers Welcome!"
Click to expand...
It's different now. No ID at the door, open until nine, and Sunday sales from 10-5. The liquor/package store distinction still stands. Same with the wine.

 
rockaction said:
Sarnoff said:
cstu said:
Currently, only package liquor stores can sell "chilled" beer
Click to expand...
What means this?
Click to expand...
"Packies". In some states, only the state gov't can operate a store that sells any alcoholic item, beer, wine, or liquor. When I was growing up in CT, only package stores could sell hard liquor. If you wanted beer, you could buy them at a supermarket, but if you wanted wine or vodka, you had to go to a separate store that only sold beer, wine and hard alcohol. ID'd at the door to get in. No alcohol sales at any store, package or grocery, after 8PM.

It was a fun adjustment moving to CA where they sell alcohol anywhere. Grocery Store. Drug Store has a Wine section. Hell, they will sell you a six pack of beer or Thunderbird at a gas station here. A gas station. Might as well put up a sign at the border saying "Drunk Drivers Welcome!"
Click to expand...
It's different now. No ID at the door, open until nine, and Sunday sales from 10-5. The liquor/package store distinction still stands. Same with the wine.
Click to expand...
I've been away a long time. I still remember the special aisles in the grocery store that had the big metal curtain that would roll down and cover the beer.

 
Sarnoff said:
rockaction said:
Sarnoff said:
cstu said:
Currently, only package liquor stores can sell "chilled" beer
Click to expand...
What means this?
Click to expand...
"Packies". In some states, only the state gov't can operate a store that sells any alcoholic item, beer, wine, or liquor. When I was growing up in CT, only package stores could sell hard liquor. If you wanted beer, you could buy them at a supermarket, but if you wanted wine or vodka, you had to go to a separate store that only sold beer, wine and hard alcohol. ID'd at the door to get in. No alcohol sales at any store, package or grocery, after 8PM.

It was a fun adjustment moving to CA where they sell alcohol anywhere. Grocery Store. Drug Store has a Wine section. Hell, they will sell you a six pack of beer or Thunderbird at a gas station here. A gas station. Might as well put up a sign at the border saying "Drunk Drivers Welcome!"
Click to expand...
It's different now. No ID at the door, open until nine, and Sunday sales from 10-5. The liquor/package store distinction still stands. Same with the wine.
Click to expand...
I've been away a long time. I still remember the special aisles in the grocery store that had the big metal curtain that would roll down and cover the beer.
Click to expand...
Yeah, I understand. I kinda knew that. In Cali, right? I wasn't being caustic. Just informative. They still have those for stores that close late.

 
rockaction said:
Yeah, I understand. I kinda knew that. In Cali, right? I wasn't being caustic. Just informative. They still have those for stores that close late.
Click to expand...
Didn't take it that way, we're cool :hifive: Just meant that I'm not informative with what CT's current regs are.

 
In most of the cities of Southern California where I do retail leasing, new liquor stores have become almost impossible to open. You need a conditional use permit, a public hearing, a police recommendation in favor (which is very rare), and it better not be near any schools or churches. Even minimarkets with beer and wine only have a difficult time. Existing liquor licenses are super expensive.

 
So now it is up to the stores to do what Costco does and have the beer aisle just be a really cold location of the store. Not selling refrigerated beer, we just store it in a cold area. It is room temp, sorry that the room it is in is 40 degrees.

 
timschochet said:
In most of the cities of Southern California where I do retail leasing, new liquor stores have become almost impossible to open. You need a conditional use permit, a public hearing, a police recommendation in favor (which is very rare), and it better not be near any schools or churches. Even minimarkets with beer and wine only have a difficult time. Existing liquor licenses are super expensive.
Click to expand...
Liquor licenses are my go-to example of how governments end up stifling competition. In my community, it is virtually impossible to open a decent-or-above restaurant (many of which rely on full bar services to be profitable) because current holders of liquor licenses have thrown up every available roadblock to opening up the market. Anybody can get a beer-and-wine license, but forget it if you want to serve martinis.

 
timschochet said:
In most of the cities of Southern California where I do retail leasing, new liquor stores have become almost impossible to open. You need a conditional use permit, a public hearing, a police recommendation in favor (which is very rare), and it better not be near any schools or churches. Even minimarkets with beer and wine only have a difficult time. Existing liquor licenses are super expensive.
Click to expand...
I was wondering how you would make a story about liquor laws in Indianapolis about you

 
Damn....and I thought us states in the south were backwards....yeah, you have to wait til noon to get beer on Sunday, but at least it's cold when I get my hands on it!

 
Sarnoff said:
It was a fun adjustment moving to CA where they sell alcohol anywhere. Grocery Store. Drug Store has a Wine section. Hell, they will sell you a six pack of beer or Thunderbird at a gas station here. A gas station. Might as well put up a sign at the border saying "Drunk Drivers Welcome!"
Click to expand...
Eh - come down to New Orleans and roll through one of the (many) Daiquiri Shop drive throughs.

 
What a dumb law. I am surprised Pennsylvania hasn't adopted it.

Oh yeah, you can't buy beer at convenience stores in PA. :wall:

 
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