Recognizing over 85 years of successful State-based alcohol regulation since the creation of an effective system of independent beer, wine, and spirits distribution.

IV 116TH CONGRESS 1ST SESSION H. RES. 285 Recognizing over 85 years of successful State-based alcohol regulation since the creation of an effective system of independent beer, wine, and spirits distribution. IN THE HOUSE OF REPRESENTATIVES APRIL 3, 2019 Mr. KILMER (for himself and Mr. DUFFY) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Recognizing over 85 years of successful State-based alcohol regulation since the creation of an effective system of independent beer, wine, and spirits distribution. Whereas Federal and State regulation of the licensed alcohol beverage industry has effectively balanced competition with control, while maintaining an orderly, transparent, and accountable market, and has moderated the respon- sible sale and consumption of alcohol, while promoting consumer choice and variety; Whereas regulated commerce of alcohol beverages annually contributes $136 billion in Federal and State tax reve- nues as well as $682 billion to the United States econ- omy, and further supports the employment of 4.7 million people in the United States in more than 25,000 per- VerDate Sep 11 2014 00:41 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR285.IH HR285 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HRES 285 IH mitted breweries, distilleries, wineries, more than 20,000 wholesale distributor facilities, more than 640,000 retail outlets, and numerous agricultural, construction, manu- facturing, transportation, and service industry businesses; Whereas prior to the passage of the 18th Amendment to the Constitution (Prohibition), which prohibited ‘‘the manu- facture, sale, or transportation of intoxicating liquors’’, the lack of sufficient regulation led to widespread abuses of alcohol distribution and consumption to the detriment of the public health, welfare, and safety; Whereas after its passage, a dramatic increase in illegal ac- tivity occurred, including unsafe black market alcohol production, a growth in violent organized crime, and in- creased noncompliance with alcohol laws; Whereas, in 1933, the 72d Congress submitted to the States the question of repealing the 18th Amendment and re- quiring the transportation or importation of alcohol bev- erages for delivery or use in any State to be carried out in compliance with the laws of that State; Whereas Congress has consistently recognized and respected the primary authority of States to regulate alcohol in order to promote orderly, safe, and stable markets, effi- cient tax collection, and temperance, as evidenced by and through passage of the Webb-Kenyon Act, creating an ex- ception to the Commerce Clause and empowering States to regulate the importation and sale of alcohol beverages within their own borders (originally enacted in 1913; 27 U.S.C. 122), the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.), the 21st Amendment Enforcement Act (27 U.S.C. 122a), and the Sober Truth on Pre- venting Underage Drinking Act (Public Law 109–422; 120 Stat. 2890); VerDate Sep 11 2014 00:41 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR285.IH HR285 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HRES 285 IH Whereas, for decades, the legislatures and alcohol beverage control agencies of the 50 States have exercised their pri- mary authority under the 21st Amendment to ensure the creation and maintenance of State-based regulatory sys- tems for alcohol distribution, promote accountability and responsibility by licensing local vendors of alcohol, pre- vent the vertical integration of the alcohol industry, and maintain the integrity of a three-tier system made up of producers, importers, wholesale distributors, and retail- ers; Whereas unlike other nations, the development of a trans- parent, efficient, and accountable United States system for the distribution and sale of alcohol beverages, temper- ance in consumption and sales practices, efficient tax col- lection, and other essential public health and safety poli- cies have been successfully guided by the collective experi- ence and cooperation of government agencies and licensed industry members throughout the geographically and cul- turally diverse Nation; Whereas the State-based system of alcohol regulation and a system of independent distribution have resulted in re- ducing barriers to market and providing unprecedented choice, variety, and selection for consumers; and Whereas members of the licensed alcohol beverage industry have created, funded, and supported a wide range of na- tional, State, and community programs to address prob- lems associated with alcohol abuse, including drunk driv- ing and underage drinking: Now, therefore, be it Resolved, That the House of Representatives— 1 VerDate Sep 11 2014 00:41 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR285.IH HR285 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HRES 285 IH (1) acknowledges over 85 years of effective 1 State-based alcohol regulation since the passage of 2 the 21st Amendment to the Constitution; 3 (2) commends State lawmakers, regulators, law 4 enforcement officers, the public health community, 5 and industry members for achieving a workable, 6 legal, and successful system for the distribution and 7 sale of alcoholic beverages; 8 (3) recognizes that an independent distribution 9 system helps facilitate an orderly marketplace for al- 10 cohol that provides unprecedented choice and vari- 11 ety, aids in the efficient collection of taxes, protects 12 consumers and the public, and works to balance ro- 13 bust competition and appropriate control; and 14 (4) reaffirms the continued support of Congress 15 for policies that allow States to effectively regulate 16 alcohol. 17 Æ VerDate Sep 11 2014 00:41 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HR285.IH HR285 pamtmann on DSKBFK8HB2PROD with BILLS