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Saturday, June 23, 2012

The Liquor Control Board Comments on Costco's Lawsuit

Posted by on Sat, Jun 23, 2012 at 10:35 AM

Yesterday, Costco and the rest of the initiative-1183 gang filed a lawsuit against the Washington State Liquor Control Board. The board interpreted one clause in the voter-approved initiative (which privatized liquor sales) in a way that will make it impossible for Costco to act as a liquor distributor to bars and restaurants—which is what Costco wanted all along.

But, as I posted yesterday, this lawsuit against the state is really a proxy battlefield in the ongoing war between Costco and the current liquor-distribution duopoly enjoyed by Southern Wine & Spirits and Young's Market Company.

(More background on this byzantine greed-parade here and here.)

At the end of the day yesterday, the WSLCB released a statement, accusing the Costco crowd of framing the issue in a way that is "one-sided and inaccurate."

The Board is confident in the rules drafted to implement I-1183. The Board’s rulemaking was based on its own interpretation, with advice and counsel of its assigned Sr. Assistant Attorney General. It was fully vetted as the soundest legal interpretation.

The plaintiffs allege in the lawsuit itself that the Board made the rules this way because it didn’t like Initiative 1183 or that the Board’s rules make the cost of liquor so high. This is not true.

The full press release is below the jump. But the paragraphs above are its basic message. The clash of the middlemen continues. (Any former initiative supporters out there feeling voters' remorse?)

In other booze news: If you're curious to see how Washington's current liquor taxes stack up against other states—they're the highest in the nation and something around 10 times the national average—see this chart at the Tax Foundation.

As Steven Stone, the president of the distiller's guild, said yesterday: "Washington doesn't have an income tax, so we have to tax something. But spirits are being unfairly targeted."

The Liquor Control Board (Board) is reviewing the lawsuit filed against it by the plaintiffs: Costco, NW Grocery Associations and the Washington Restaurant Association. The plaintiffs were key authors and the primary financial supporters of Initiative 1183.

The plaintiffs’ media message is one-sided and inaccurate.

The Board is confident in the rules drafted to implement I-1183. The Board’s rulemaking was based on its own interpretation, with advice and counsel of its assigned Sr. Assistant Attorney General. It was fully vetted as the soundest legal interpretation.

The plaintiffs allege in the lawsuit itself that the Board made the rules this way because it didn’t like Initiative 1183 or that the Board’s rules make the cost of liquor so high. This is not true.

As a public agency, the Board was neutral throughout the campaign and implementation, and successfully defended the initiative in the Supreme Court against a constitutional challenge. The truth is that the price of liquor is higher because of 10 percent fees at distribution and 17 percent at retail that the plaintiffs themselves drafted and voters approved in 2011. The taxes are the exact same spirits and liter taxes customers have paid for many years. A Frequently Asked Questions (FAQ) fact sheet on liquor prices is available on the Board website.

The Board rule-making process was open, transparent and extended over several months. The Board and staff took extraordinary steps in order to be inclusive of all impacted parties, including the plaintiffs.

Unfortunately, there are many different financial relationships that are impacted by I-1183. What benefits one entity is likely to negatively impact others.

More information about Initiative 1183 as well as an audio clip of the February 22, 2012 public hearing is available on the LCB website at www.liq.wa.gov.

 

Comments (18) RSS

Oldest First Unregistered On Registered On Add a comment
Fnarf 1
If this turns into a tax-protester kind of a thing I'm going to scream. SHUT UP AND PAY YOUR GODDAMN TAX.

What this actually is about is a horribly distorted market that is just taking the first steps toward freedom. Costco is not an agent of freedom, though; they are an agent of pillaging our state, having put into play the second part of their two-pronged strategy of eliminating both competing stores and competing distributors.

Costco shouldn't be allowed to sell to other retail outlets, bars or restaurants AT ALL.
Posted by Fnarf http://www.facebook.com/fnarf on June 23, 2012 at 11:14 AM
2
"The clash of the middlemen continues. (Any former initiative supporters out there feeling voters' remorse?)"

Nope. I knew it was just a first step and a rather imperfect one at that. Despite having the opportunity, the leg, as usual, was too cowardly to take action. So here we are.

Next step is to get rid of the stupid ass distribution system.
Posted by giffy on June 23, 2012 at 11:17 AM
3
@1 Retail outlets, bars, or restaurants should be free to buy from whomever the fuck they want. Costco, straight from the brewery, at QFC, the internet, wherever. What business of the state is it where a bar wants to buy their booze?
Posted by giffy on June 23, 2012 at 11:24 AM
Quintus Slide 4
Every time a wrinkle occurs in the wake of this initiative, someone simply has to bring up "voter's remorse" in a smarmy told-ya-so tone. This so exasperates me that I go downstairs and step outside to purchase a fifth of liquor, now available TWENTY FEET FROM MY DOOR OR FROM WHEREVER I HAPPEN TO BE, USUALLY.

I'm good. Thanks.
Posted by Quintus Slide on June 23, 2012 at 11:45 AM
Reverse Polarity 5
This was a deeply flawed initiative, and I actually voted against it, even though I'm generally opposed to the state liquor monopoly. But it is passed and there is no going back. Messy as it is, I'm glad it is done. I fully expect the unraveling of the state liquor monopoly will be messy and ongoing for years to come. The legislature will have to get involved at some point and fix some of the unintended consequences of the initiative. And I'm okay with that.
Posted by Reverse Polarity on June 23, 2012 at 12:06 PM
raku 6
I have an idea that will make everyone happy:

The state government can run liquor retail and distribution, thereby keeping costs low, and revenue up, and keep lobbyists like Costco from trying to bend the rules.

Why hasn't anyone thought of this yet?
Posted by raku on June 23, 2012 at 12:27 PM
7
@3: Retail outlets, bars, or restaurants should feel free to buy 24 liters from Costco in a pinch.

But Costco should not feel free to dump all of the "revenue-neutral" taxation in everyone else's lap and then end-run around paying one fucking dime of it.

This cavalcade of dick moves on Costco's part has ensured that I will never shop there again.
Posted by d.p. on June 23, 2012 at 12:35 PM
Catalina Vel-DuRay 8
That reminds me. I need to go to Costco. We're running low on cat litter and tequila.
Posted by Catalina Vel-DuRay http://www.danlangdon.com on June 23, 2012 at 12:49 PM
9
@8 for the win.
Posted by ZISSOU, Man, Legend on June 23, 2012 at 1:27 PM
Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn 10
In the end don't we have to keep faith with the wise WSLCB? Haven't they always decided what was best for us?

It's like Papal Infallibility, but for booze.
Posted by Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn http://youtu.be/zu-akdyxpUc on June 23, 2012 at 3:10 PM
11
To all the Costco defenders: Why do you think there was "24 liter limit" language in the initiative in the first place, if not to imply that Costco wouldn't engage in mass-distribution activities?

"24 liters per minute" would not be a limit at all, and therefore would violate both the letter and the spirit of what is now the law.

Remember that all licensed booze distributors (of which Costco is not one) will be required to make up what remains of a $150-million shortfall come early next year. If Costco eats into their business (and thus into their 10% distributor's taxes), the 2013 lump-sum payment will be larger, and will be reflected in prices at all non-Costco retailers. Expect prices to rise even more than they have already if Costco wins this suit.
Posted by d.p. on June 23, 2012 at 4:07 PM
12
Nope, no buyer's remorse here. We just have to remove more of the Prohibition remnants and reduce liquor taxes.
Posted by Fritz on June 23, 2012 at 4:32 PM
13
How does one not know the interpretation is 24L per week, fortnight, month, or year? Just as arbitrary as day. Whatevs.
Posted by Lew Siffer on June 23, 2012 at 7:14 PM
Sir Vic 14
The WSLCB is finally getting what's been coming to them for decades. They're an unaccountable, 3 person board that controls a billion dollar industry, preemptively stifling competition and innovation. Costco repeatedly petitioned to have the byzantine liquor distribution laws changed, but the WSLCB sided with their patrons SWS & YMC (who undoubtedly pay to play) and told Costco to pound sand. They pounded pavement instead, and are in the middle of the campaign to at last rid the state of the old bootlegger system we've had for nearly 80 years. Good riddance to rigged enterprise!
Posted by Sir Vic on June 24, 2012 at 6:34 AM
15
Much as I would love to see the distribution system dismantled, most folks are missing a point here. Distributors, specific distributors, are an efficient manner of doing business from the perspective of the booze manufacturers. It helps them maintain their profits. Plus that's how they operate in 49 other states - many with the same distributors in all of those 49 other states. Costco has approached the major manufacturers and asked to buy booze direct from them under the new law and they've been told to suck eggs. Which means that Costco has to purchase their name brands from the major distributors and are not going to beat the prices when selling to restaurants and bars. This is all grandstanding. And the president of the restaurant/bar association knows this. He's just trying to cover his ass to his angry (rightfully so) constituents who thought (because he sold the idea) that they were going to see significant savings. Costco should just agree to pay their damn distribution tax that they were too clever by half in trying to avoid (and they should stop watering down their damn Macallan Scotch and trying to sell it as the real stuff).
Posted by dv8or70 on June 24, 2012 at 7:11 AM
16
For as much money as Costco spent on this initiative their liquor selection is ridiculously weak and their prices too high to attract the restuarant owner customer base.
Posted by callinitlikeitis on June 24, 2012 at 8:25 PM
17
It will take a few more initiatives to get things right.

One thing I noticed is that I don't buy beer anymore. I wonder if the brewers are seeing a revenue drop.
Posted by bornhere on June 24, 2012 at 11:13 PM
18
One thing I noticed is that I'm buying more beer, because the liquor prices are so fucking high. I wonder if the brewers are seeing a revenue surge.
Posted by d.p. on June 25, 2012 at 12:23 AM

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