NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.
SPONSOR: | Ruiz | DATE TYPED: | 03/05/01 | HB | 942 | ||
SHORT TITLE: | Prohibit Certain Sales By Liquor Licensee | SB | |||||
ANALYST: | Valdes |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY01 | FY02 | FY01 | FY02 | ||
NFI |
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Alcohol and Gaming Division, Regulation and Licensing Department
SUMMARY
Synopsis of Bill
House Bill 942 makes it a violation of the Liquor Control Act to sell or deliver alcoholic beverages to a customer, receive cash for a sale or locate a cash register within ten feet of an exterior door of the licensed premises.
Significant Issues
The Alcohol and Gaming Division provided the following information on House Bill 942:
If this bill is enacted, liquor license holders who currently receive cash, and/or who have cash registers located within ten feet of an exterior door of the licensed premises would be required to change their licensed premises to ensure that the licensee does not sell or deliver alcoholic beverages to a customer, receive cash for a sale or locate a cash register within ten feet of an exterior door of the licensed premises.
In many instances, such as liquor licensed establishments that are located in a mall, or restaurants that have the host/hostess station next to the exterior door, for example, licensees may not be able to come into compliance with the proposed language without extensive remodeling.
Another example of liquor licensees potentially not being able to comply without major renovations is a convenience store. To deter shoplifting and for other safety reasons, many of these stores have cash registers that are located within ten feet of an exterior door.
Finally, the bill would also serve to prohibit wholesale deliveries to a licensee, all of which occur within ten feet of an exterior door.
The problem that this bill would propose to eliminate may be limited to those package liquor stores that have, in response to recent "drive-up window" legislation, renovated their drive-up window into a "walk-up" window. In these instances, a customer drives up near the window, parks the care, and steps up to the "walk-up" window to make his purchase of package liquor.
If the "walk-up" window is indeed the problem this bill would seek to eliminate, alternative language must be developed to eliminate that problem without unduly restricting licensees from conducting appropriate activities.
PERFORMANCE IMPLICATIONS
No impact on department performance measures.
ADMINISTRATIVE IMPLICATIONS
Impact unknown according to the Alcohol and Gaming Division. The Division does not have information that would indicate how many liquor establishments sell or deliver alcoholic beverages, receive cash for a sale or locate a cash register within ten feet of an exterior door. Administrative impact would depend on how many liquor licensee's would be required to file floor plan changes to come into compliance with the proposed language in the bill, if enacted.
MV/ar