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Find us on FacebookVolume 60: February 21, 2011  

Project RAD White Paper: First of its Kind 

Project RAD has now published "The Unprecedented Push for Alcohol Sales in Indiana," a white paper and policy analysis that reviews the unprecedented request for new alcohol permits by Walgreens and how those permits were handled in the state's regulatory system. If you'd like a copy, or multiple copies, please send a request to [email protected]. To those who have requested advance copies, they will be mailed directly.

 

The introduction to our report follows:

 

Walgreens logo 

INTRODUCTION & OVERVIEW 

 

Walgreen Co.'s request for nearly 200 new alcohol permits is unprecedented in the history of the Indiana Alcohol and Tobacco Commission (ATC), the regulatory agency charged with approval or denial of permits to sell alcohol.

 

In 2009, when permit applications began to be logged on the state's website, Project RAD began tracking the outcomes with the assistance of its state and community partners.

 

Public tracking is challenging for a number of reasons; lack of public notice for continued cases, a failure to file local board paperwork in a timely manner, the state's lack of electronic record keeping, a state website that limits advanced searches, and limited state personnel to contact or "redact" hard-copy files.

   

ATCThe ATC took more than six months to complete a records request filed in May to review the public portions of the permit files under Indiana's Access to Public Records Act (APRA).

  

In addition, multiple amended requests needed to be filed with the agency when it became apparent that many files were incomplete or missing documentation.

 

This report represents a review of 2,616 pages in Walgreens permit application files. Due to the record keeping challenges in this agency and the lack of electronic records, we assume that the agency acted with all due diligence.

 

Walgreens Permit Summary

Number of permit applications originally filed by Walgreens to sell alcohol in Indiana: 183

*Number of permit applications heard at the local board level: 171

Number of permits ultimately approved by the ATC: 168

Number of permits ultimately denied (by both local and state boards): 3

 

(*As of this report, permits are still pending for locations in Marion County. Hearings for those applications have been continued over the course of several months. Only three continuances should be allowed per permit application, according to the state's Local Board Handbook. Each continuance may not exceed 30 days. If a fourth is requested by any party, it should only be approved by the Executive Secretary or the ATC Commission.)

Indiana Facts Campaign

CashSince 2002, retail giants such as Walmart have spent upwards of $15 million in just six states on campaigns to lobby and persuade voters to change alcohol laws. The Distilled Spirits Council of the United States, a Washington-based trade group pushing for regulatory changes across the country on the behalf of liquor manufacturers, also participates regularly in local elections and referendums where liquor regulations are challenged, providing some combination of financial assistance and economic data.  

 

Source: The New York Times  

 

Indiana Columnist Andrea Neal Weighs in on Mandatory Carding

Indiana Policy Review Columnist and Adjunct Scholar Andrea Neal weighs in on mandatory carding, a law that seems to be working yet legislators are intent on "reforming." As of last check, the law that required anyone to be carded regardless of age was on its way out based on a vote in the Indiana House of Representatives. The Senate version of changing the mandatory carding law is also moving. It passed out of committee by a vote of 7-2.

 

Read what Neal has to say here.

Worth Noting: Project RAD Commentary

A recent column that Andrea Neal published also pointed out that lawmakers should actually hold hearings at night and on weekends so real people with real jobs could show up and provide their input. We were pleased to see Rep. Phil Hinkle, R-Indianapolis, do just that recently scheduling a rare evening meeting on township government issues.

 

While various special interest groups encourage their members to show up and be heard on "lobbying" days while the Legislature is in session, truth is that many people have to arrange for time off of work to do so-taking a personal or vacation day for the time spent.

 

Government FloorAs steelworkers, teachers and small business owners make their faces and voices known in upcoming days, Project RAD makes a note here: If all of the Hoosiers who opposed Walgreens liquor permits showed up one day at the Statehouse, it would overflow with more than 4,000 people (if there were room in the hallways and parking lots). Lots of bodies always make great media fodder and photos. But real testimony from real people matters even more when important public policy is being decided for millions of Hoosiers.

 

Here's a link to Neal's column about "Qualities of good legislators" in case you missed it.

Drug Free Marion County Accepting Nominations for Outstanding Service

Drug Free Marion County is now accepting 2011 nominations for its Annual Awards program, which recognizes individuals with outstanding commitments to and achievements in addressing challenges related to alcohol, tobacco or drug use.


Nominations are being accepted in four categories: Community Service, Lifetime Achievement, Youth Advocate and Parent Advocate. Nominees must be residents of, be employed in or attend school in Marion County. All nomination forms must be submitted to Drug Free Marion County no later than 5 p.m. on Friday, March 11.

 

Anyone wishing to submit a nomination for the Drug Free Marion County Annual Awards program can find a Nomination Form and submission instructions at www.drugfreemarioncounty.org. Nomination forms also can be obtained by contacting Lynn Allen at Drug Free Marion County, 317-254-2815, [email protected].

Alcohol Headlines Across Indiana

INDIANA: U.S. pharmacies have recorded more than 1,800 robberies since the start of 2008, The New York Times recently reported. Florida, Indiana, California, Ohio and Washington have earned the uncoveted distinction of tallying the most armed robberies in that period based on U.S. Drug Enforcement Administration data. For the full story, click here.

 

WEST LAFAYETTE: Purdue University officials placed Alpha Tau Omega fraternity on probation through the fall semester and Shoemaker Cooperative on probation until November 1. Alpha Tau Omega fraternity was put on probation for hazing and alcohol violations. The University cited an incident when pledges of the fraternity took the dog statue from the Purdue Fire Department during a scavenger hunt. Pledges also had alcohol available to them and were forced to clean, both considered hazing. (This is the full story as reported by The Exponent, the independent campus newspaper).

Alcohol Headlines Across the Nation

GEORGIA: The latest attempt in the General Assembly to legalize Sunday alcohol sales is dead, at least for now. There was not enough support among Republican senators. Supporters of Sunday alcohol sales had high hopes for their bill this session, because it had passed a committee. The bill would have allowed local communities to vote on allowing Sunday sales. The matter was decided in a closed caucus meeting. For the full story, click here


GEORGIA: (Column by Sen. Cecil Staton) "A bill currently moving through the General Assembly pits the conservative philosophy of local control against the conservative philosophy of Christian values. Like many people in Middle Georgia, I happen to agree with both of these philosophies. It is rare when an issue puts them at odds with one another." For the full column, click here.


MAINE: A memorable "Seinfeld" episode features Kramer and Newman taking thousands of cans and bottles to Michigan so they can get a nickel more per container than they would in New York, but beverage distributors say there's nothing funny when it happens for real. In Maine, which has a more expansive bottle-redemption law than neighboring states, three people have been accused of illegally cashing in more than 100,000 out-of-state bottles and cans for deposits. For the full story, click here.


UTAH: A liquor bill being drafted would require fine dining clubs such as Ruth's Chris Steak House and the New Yorker in Utah to serve less alcohol, or they could become bars where minors are not allowed or restaurants where bartenders must be out of public view. Sen. John Valentine, R-Orem, said the proposal is still a draft, and he stressed that dining clubs are "one small piece of a much bigger picture" in comprehensive liquor legislation that could be filed as early as next week. For the full story, click here.

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