House Bill 782


The Bill

HB 782 - Move high content alcohol products from convenience stores to ABC stores. Coalitions consisting of a wide range of stakeholders (sample below) from across NC and citizens across NC over 2,000 signatures want this to happen! Calls are being made today. 
URGENT ACTION!!!!!!
 
 Please call and request that HB 782 be moved to a Study Committee and we wish to thank you for protecting the safety and health of youth and citizens of NC!
 
EDGAR STARNES Phone: 919-733-5931 
JAIME BOYD Phone: 919-733-5903

After you call please email durhamnctry@aol.com and type: 782 Done


OTHERS ON THE BILL:
PAUL LUEBKE Phone:      919-733-7663 
JONATHAN JORDAN Phone: 919-733-7727 
YVONNE HOLLEY Phone: 919-733-5758 
JOHN FAIRCLOTH Phone: 919-733-5877 
Email: John.Faircloth@ncleg.net
ELMER FLOYD Phone: 919-733-5959
STEPHEN ROSS Phone: 919-733-5820 
 
We respectfully request a vote on House Bill 782

Committee on Rules:

Chairman: Rep. T. Moore

Vice Chairman: Rep. Burr 919-733-5908

Vice Chairman: Rep. Stam  919-733-2962

Members : 

Rep. Blust919-733-5781

Rep. Boles919-733-5903

Rep. Brandon919-733-5825

Rep. Brisson919-733-5772

Rep. Carney919-733-5827

Rep. Daughtry919-733-5605

Rep. Farmer-Butterfield919-733-5898

Rep. Floyd919-733-5959

Durham Rep. L. Hall919-733-5872   Larry.Hall@ncleg.net

Rep. Hamilton919-733-5754

Rep. Hastings919-715-2002

Rep. Holloway, 919-733-5609

Rep. Jackson919-733-5974

Rep. Johnson919-733-5861

Rep. Lewis919-715-3015

Rep. Moffitt919-715-3012

Rep. Saine919-733-5782

Rep. Samuelson919-715-3009

Rep. Starnes919-733-5931

Rep. Stone919-715-3026

Rep. Torbett 919-733-5868

We would like to remind you of the PUBLIC COMMENTS from the NC ABC COMMITTEE MEETING.

Mark Ezzell, Executive Director of Addiction Professionals of NC, was present to address the Commission. Mr. Ezzell stated he represented the interests of 6,000 substance abuse professionals. His organization is concerned about the public health aspect and the packaging of this product. Flavored alcoholic beverages have gained a great deal of popularity in the market. When asked, two-thirds of underage drinkers reported that within the past thirty days, they had consumed a flavored alcoholic beverage.  
 
Judge Ron Bogle, a retired Superior Court Judge from North Carolina was present to speak about his concerns regarding the Stout product. Judge Bogle stated he works with coalitions across the country regarding underage drinking. Judge Bogle stated flavored alcoholic beverages are the most favored beverage of teen girls and the least favored among adult females over the age of 21.  Judge Bogle stated on average today, children are 12 years of age when they take their first drink of an alcoholic beverage.  

Karen Webb of Alamance County was present to represent public groups, such as parents, school personnel, law enforcement, health and human service personnel, and faith communities, concerned with underage drinking and substance abuse. Ms. Webb stated that their primary concern regarding the Stout
21 products was to whom they were being marketed? Ms. Webb asked the Commission to consider, "Is it good for the children?"

Wanda Boone, the founder of "Together for Resilient Youth" of Durham, was present to express her concern for the Stout product being sold in local convenience stores. Her members come from all sectors of her community. An addition such as the Stout 21 products to the convenience stores offerings would be detrimental to her community. Ms. Boone stated, when she asked a group of 14-17 year olds about the products, they said they reminded them of the shots depicted on television in clubs and remarked on how easy it would be to conceal the items. The availability to young people in the community was her main concern.

NC ABC SAYS:
Mr. Herring stated to Chairman Gardner and Commissioners Keith and Green, the ABC Statutes give them the authority to determine what brands of alcoholic beverages may be sold in the state. The Statutes additionally give them the authority to prohibit any marketing of alcohol beverages which may be contrary to the public's health and safety. There are over 80 breweries in the state, all, except for Stout Brewing Company, are brewing beers that are sold in traditional bottles or containers, or sold by the glass at a restaurant or at the brewery. Mr. Herring stated high proof, flavored alcohol, marketed in 3-oz shooter style vessels, sold in off-premise businesses frequented by underage individuals is a public safety concern. Mr. Herring added the Commission has been uniform in rejection of the shooter type containers.
 
Mr. Herring recommended the Commission uphold the decision of the staff to disapprove the sale of Stout 21, 3-oz shooter products, in North Carolina.
Commissioner Green asked whether the Stout product could be sold in ABC stores rather than convenience stores. 

Mr. Herring stated currently there is nothing similar to these products sold in ABC stores. Mr. Herring stated the Stout 21 products could not be sold in the ABC stores unless the product was reformulated.  Chairman Gardner stated this was a tough decision for the ABC Commission and that he understands the community's concerns. Chairman Gardner stated underage drinking is of the highest concern to the Commission. Commissioner Keith stated that Mr. Adams and the others made a compelling argument, but underage drinking is a major concern in this state. Commissioner Keith stated he felt this product would be more appealing to the underage consumers and this vial is less than half the size of any products previously approved. Commissioner Keith made a motion to adopt the staff's recommendation to disapprove the sale of Stout 21.

IS THIS THE CHAIR OF THE COMMITTEE ON RULES?

Mr. Tim Moore, an attorney for Stout 21, stated that businesses establishing in North Carolina should have knowledge of regulations in order to make investments. Mr. Moore also stated that the company has employees in North Carolina manufacturing the product and creating safe, responsible products creates North Carolina jobs. All investment in the company is based on this product as it is their initial product. Mr. Moore stated that the company should be able to sell their product in North Carolina so that they can continue to manufacture in North Carolina as a local company for jobs and economic reasons. When asked by the Commission who was the target market, Mr. Sommer responded the product is being targeted to 21 - 35 year old males and females. Mr. Moore stated the name itself would suggest that the product is being marketed to those over 21 years of age.



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