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Convenience stores sue to be able to sell cold beer

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The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.

Indiana is the only state that regulates beer sales based on temperature, I.C. 7.1-5-10-11. The law was enacted in 1941 and only affects businesses that hold a beer dealer’s permit.

The association and three of its members – Ricker’s, Thorntons and Freedom Express – claim the law violates the equal protection clause of the U.S. Constitution by restricting convenience, grocery and pharmacy stores to selling beer only at room temperature.

The plaintiffs argue that the current law causes the IPCA member stores to lose a “significant amount of revenue,” including from the sale of craft beer, which often must be kept cold for quality control purposes.

“There is no logic with the current law that gives one class of retailer an exclusive right to sell cold beer,” said IPCA Executive Director Scot Imus. “Indiana’s alcohol laws have not always favored one retailer over another and, in fact, it was just in the last 50 years that liquor stores were granted the privilege of selling cold beer.”

The plaintiffs claim the law is confusing to customers and that the statutes and regulations have evolved into an “irrational and discriminatory regulatory regime that prevents certain retail permit holders – such as grocery and convenience stores – from selling refrigerated beer, while allowing the sales at package liquor stores,” according to the complaint.

The lawsuit contends that between 2007 and 2012, Indiana package liquor stores were 138 percent more likely to violate Indiana liquor laws than were licensed grocery stores (including convenience stores) and pharmacies. Bars and restaurants were 1,376 percent more likely to violate Indiana liquor law than grocery stores or pharmacies over that same time period.

The case, Indiana Petroleum Marketers and Convenience Store Association, et al. v. Alex Huskey, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission, et al., 1:13-CV-784., was filed Tuesday morning in the Southern District of Indiana, Indianapolis Division.

Legislation was introduced in the Senate during the 2013 legislative session, but did not pass, that would have allowed the holder of a beer dealer’s permit issued to a grocery story or drug store to sell and deliver cold beer made by an Indiana microbrewery.

IPAC is a nonprofit trade association of more than 250 primarily small- and medium-sized, family-owned businesses that operate convenience stores and supply petroleum throughout Indiana. IPAC is represented by attorneys John Maley and Mark Crandley of Barnes & Thornburg LLP.

 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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