Beer buyers, get your IDs ready

TOM HUMPHREY / Knox News | May 5 2006

NASHVILLE - The Senate unanimously approved legislation Thursday that will require anyone buying beer in Tennessee to present identification while reducing penalties for some vendors who sell to underage youths.
The bill, which now goes to the House, sparked about two hours of intense debate, with some lawmakers questioning whether it undercuts the authority of local beer boards and Sen. Steve Cohen, D-Memphis, declaring the whole idea "ludicrous."

Cohen urged colleagues to vote "on principle rather than on contributions," referring to political donations from supporters of the bill.

Lobbyists for beer wholesalers, convenience stores and gas stations support the legislation because the businesses would face lower punishment provisions in the case of violations.

The Tennessee Malt Beverage Association, representing the wholesalers, operates one of the state's most active political action committees, donating $133,056 to candidates for state office since the 2002 elections.

Sponsor Sen. Joe Haynes, D-Nashville, said he came up with the idea for the legislation on his own because of his experiences as an attorney. He said he has represented both beer retailers and the families of teenagers killed in accidents caused by underage drinking.

Universal carding of all beer purchasers, Haynes said, is the only sure way to eliminate discretion by clerks that leads to sales to people under age 21.

"If you give people discretion, they'll abuse it, they'll violate it, and you'll have beer sold to teenagers," he said.

Cohen, on the other hand, argued that the bill was reminiscent of Nazi Germany or "big brother" in mandating that everyone, even senior citizens clearly over age 21, be required to show identification.

He held his driver's license aloft, contending that the thinking behind the bill could lead to a requirement that senators show identification to be able to speak on the Senate floor.

The universal carding requirement applies only to sale of beer in stores for off-premises consumption. It would go into effect on July 1, 2007. It would have to be renewed by the 2008 Legislature; otherwise it will automatically end on July 1, 2008.

Rich Foge, executive director of the Malt Beverage Association, said the year would give legislators a chance to assess whether the requirement is working and whether it should continue.

In addition to the carding requirement, the bill sets up a "responsible vendor" program for beer sellers, administered by the state Alcoholic Beverage Commission.

Stores that choose to participate would pay a fee to the ABC and have their clerks attend training programs. The stores and clerks would both receive certifications.

Certified "responsible vendors" would enjoy one notable benefit: lighter punishment if caught selling to underage customers, in a police sting operation or otherwise.

The maximum fine for a responsible vendor would be $1,000; for a non-certified seller, $2,500.

Also, the beer permit of a responsible vendor could not be revoked on first offense. The permit of a non-certified vendor can be revoked on first offense.

As drafted, the bill originally allowed a responsible vendor to have four violations in a 24-month period before being subject to revocation of the permit. At the urging of Sen. Jamie Woodson, R-Knoxville, that was amended on the Senate floor to allow revocation on the second offense in a 12-month period.

Margaret Mahery, executive director of the Tennessee Municipal League, and others have said this provision undercuts the authority of local beer boards. Haynes disagreed.

Sen. Bill Ketron, R-Murfreesboro, co-sponsor of the bill and a former convenience store owner, said stings are often unfair to vendors and arranged by local politicians.

"At election time, they use it politically to get their names in the paper so it looks like they're doing something," he said, recounting cases of stings using "a young man who looked 26, with a beard, but was 17" and of businesses destroyed by permit revocation.

Cohen had left the Senate chamber when the bill came to a vote. It was approved 30-0. The measure is slated for a vote in the House Finance Committee next week.

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