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FALL BACK — Some on-premises retailers will be able to keep their doors open an extra hour when Daylight Savings Time ends this month. This year’s end to DST is Sunday, Nov. 6. Permit holders licensed to stay open until 2:30 a.m. will gain an hour of business on that Sunday when clocks are turned back from 2 a.m. to 1 a.m.; premises without 2:30 a.m. privileges must close at the regular hour.
BREW N’ QUE — Cincinnati’s Fifty West Brewing Co. and Cleveland’s Great Lakes Brewing Co. are teaming up to present their annual Great Ohio Brew N’ Que on Nov. 5 at Fifty West Brewpub. Executive chefs from both Fifty West and Great Lakes are creating an all-you-can-eat BBQ buffet, which includes BBQ meats, sides and vegetarian options paired with Great Lakes newly released beer-infused BBQ sauces. Beers from both breweries also will be available, as will a special collaboration beer made specifically for the event. More information is available at http://fiftywestbrew.com/event/great-ohio-brew-n-que/.
RIVALRY CONCERT — To bring college football fans together and ignite excitement, Coors Light is hosting a series of concerts the night before three big rivalry games and the national championship game in Tampa. One of the events will be in Columbus on Nov. 25, the day before the Ohio State-Michigan game, and will feature Big and Rich, and Jerrod Niemann. To attend, legal-drinking-age fans can register to win free tickets at CoorsLight.com/rivalry.
DISTILLERY HISTORY — Buffalo Trace Distillery has gone back to its early distilling days, literally, with the discovery of early foundations and fermenting vats dating back to 1873. The discovery happened when Buffalo Trace began renovating a long-vacant building called the O.F.C. Building once used for distilling. As work proceeded, the original 1873 distillery foundation, as well as fermenters from 1882, were unearthed. Experts verified the foundation and fermenters were from an earlier build of the distillery and dated back to the days of Col. E. H. Taylor Jr. in 1873. The foundation and the vats were covered with a cement floor when the building was decommissioned in 1958 and forgotten, until their recent rediscovery.
SUDS AND SPORTS — For many Americans, watching certain sports and enjoying an adult beverage seem to go hand-in-hand, according to a recent Harris Poll. When respondents were asked what type of adult beverage first comes to mind when thinking of 11 different sports, beer was the clear leader for football (75 percent), baseball (70 percent), car racing (55 percent) and hockey (51 percent), and to a lesser extent for basketball (48 percent), boxing (39 percent), soccer (34 percent), beach volleyball (25 percent) and golf (17 percent). Following closely in second place for golf was spirits (14 percent). One quarter of respondents associated horse racing first with spirits (25 percent), while wine topped the list for tennis (19 percent).
PROSECUTING DUIs — Responsibility.org has partnered with Suffolk University Law School to offer a first-of-its-kind, 14-week online course for law school students. “Prosecution of the Impaired Driver” will include the science of alcohol absorption, distribution, and elimination from the body; DUI traffic stops and standardized field sobriety tests; and common evidentiary issues that arise in these cases. Students will have the opportunity to learn how to handle DUI discovery, conduct direct and cross-examination of witnesses, and draft opening and closing arguments. According to Responsibility.org, the inherently scientific nature of DUI cases makes them among the most complex and intimidating cases that can be tried within the justice system.
Craft Beverage Bill Gets Majority Support In Congress
WASHINGTON — Legislation pending before Congress to recalibrate the current federal excise tax structure for the nation’s craft brewers and distillers has gained a majority of supporters in both the U.S. Senate and House of Representatives, according to several industry groups.
The Craft Beverage Modernization and Tax Reform Act recently gained 51 co-sponsors as Sens. Barbara Boxer (D-Calif.), Heidi Heitkamp (D-N.D.) and Joni Ernst (R-Iowa) pledged their support. The House companion bill has 284 co-sponsors. Read more
Repeal Gave States Long-sought Control Over Alcohol
Alcohol consumption in 19th century America was far higher than today. Regulation was virtually nonexistent. Indeed, scholar W.J. Rorabaugh, in “The Alcohol Republic,” characterized the United States in that era as “a nation of drunkards.”
Not surprisingly, these higher consumption rates spawned waves of temperance movements by organizations such as the Woman’s Christian Temperance Union and the Anti-Saloon League, and debate over the “alcohol problem” dominated our political discourse.
Initially, prohibition advocates pursued local option laws to permit localities to ban liquor traffic and shut down tied-house saloons. Once communities went dry, they pressured the rest of the state to follow suit. By the end of 1916, 23 states were dry. The evolution of our national economy and the growth of interstate commerce ultimately gave rise to lawsuits challenging state statutes which limited the sale of alcohol.
In the late 19th century, the United States Supreme Court narrowly circumscribed the power of states to regulate the importation of intoxicating liquor under the Dormant Commerce Clause. The crippling of state regulation by the court provoked a congressional response in an effort to safeguard the state’s right to regulate alcohol, including the importation of alcohol into the state. Congress passed the Wilson Act, 27 U.S.C. ¬ß 121 (1890), declaring that, upon arrival in the state, the sale, distribution and transportation of intoxicating liquor was subject to state regulation.
The court narrowly construed the Wilson Act and concluded that the Dormant Commerce Clause prohibited state regulation of direct shipments to in-state consumers by out-of-state distributors.
As a result, railway express began to function as retail outlets. Congress responded with the passage of the Webb-Kenyon Act, 29 U.S.C. § 122 (1913), which gave the states power to prohibit the sale, distribution, transportation or importation of intoxicating liquor into the state in violation of its laws. The constitutionality of the Webb-Kenyon Act was upheld by the court in 1917.
Thereafter, the states pursued adoption of the 18th Amendment, a Herculean task because it required a two-thirds majority in both the House and Senate and then an affirmative vote by three-fourths of the states. Only two states, Connecticut and Rhode Island, refused to ratify the amendment. Prohibition took effect on Jan. 16, 1920.
Indeed, Prohibition engendered both organized crime and a nationwide disregard for the law. “Men can not be made good by force. In the end, intelligent lawmaking rests on the knowledge or estimate of what will be obeyed. Law does not enforce itself,” wrote John D. Rockefeller in the forward of Raymond Fosdick and Albert Scott’s “Toward Liquor Control.”
Prohibition proved to be “a noble but failed experiment” which had the unfortunate ancillary effect of engendering organized crime. There were two great lessons learned from Prohibition. First, noble motives alone were insufficient and ineffective in changing behavior without broad public support. Second, the nation was too large and diverse to accept a single standard of temperance or regulatory control.
Dave Raber is a partner with the Columbus law firm of Lumpe & Raber.
Fat Head’s Beers Shines Despite GABF Snafu
DENVER — An Ohio brewer saw a brewery of the year award taken away due to a mistake by another entrant at this year’s Great American Beer Festival competition.
On the strength of winning three medals, Fat Head’s Brewery & Saloon of North Olmsted initially was named the 30th competition’s Mid-Size Brewing Company of the Year. Following the initial announcement, however, GABF staff discovered that Karl Strauss Brewing Co. had mistakenly registered as a mid-size brewpub; GABF competition guidelines classify the San Diego brewer as a production facility, placing it in the Mid-Size Brewing Company category. The results were recalculated, resulting in Karl Strauss’ three medals, two golds and a bronze, trumping Fat Head’s gold, silver and bronze to win Mid-Size Brewing Company of the Year. Read more
CraftWorks Acquires Seven Old Chicago Restaurants From Franchisee
BROOMFIELD, Colo. (PRNewswire) — CraftWorks Restaurants & Breweries last month announced the acquisition of seven Old Chicago Pizza & Taproom locations from longtime franchise partner OCI Enterprises Inc.
The restaurants are located across the Southeast, with a presence in Tennessee, Kentucky and Indiana, and will operate as corporate-owned restaurants. Read more
Who’s News – November
Who’s News summaries are compiled from news releases provided by the suppliers.
DISTILLED SPIRITS COUNCIL — Michele Famiglietti was promoted to Senior Vice President of Member Relations. Famiglietti, who has been at the council for 15 years, will be responsible for member recruitment and services, grassroots advocacy and management of the association’s many events.
Kelly Pike Poulsen was named Vice President of Federal Government Relations. She most recently was Vice President of Government Affairs at the American Frozen Food Institute.
MICHTER’S — Pamela Heilmann was promoted to Master Distiller, previously held by Willie Pratt, who will transition to Master Distiller Emeritus. Vice President Andrea Wilson will add the position of Master of Maturation to her duties, and Distillery Manager Dan McKee will move up to the Distiller position formerly held by Heilmann.
GRANITE CITY FOOD & BREWERY — Phil Costner was appointed CEO. He most recently was President and CEO of the Elite Sports Bar Group, and previously was Senior Vice President of Food, Beverage & Retail at Universal Studios Hollywood, Vice President of Food & Beverage at TGI Friday’s, President and COO of La Madeleine and President of Mimi’s Cafe. He is a graduate of Loyola University in Chicago and holds an MBA from the University of Minnesota Curtis L. Carlson School of Management.
Dave Brantner was promoted to Corporate Executive Chef. He has a culinary arts degree from Washburne Trade School and previously worked for The Cheesecake Factory and Marriott’s Corporate Services and Clubs.
MISSION HILL FAMILY ESTATE — Ian Morden was named Managing Director of the British Columbia winery. He previously was the Estate Director of New Zealand’s Cloudy Bay Vineyards, which is part of the LVMH Group.
TRUETT-HURST — Evan B. Meyer was appointed Chief Financial Officer, replacing Paul Forgue. He most recently was CFO of Avantel SAS, a mobile operator in Bogota, Colombia.
J VINEYARDS & WINERY — Carl Shelton was named Executive Chef. He will lead the design and execution of the tasting menu for the winery’s Bubble Room, as well as other wine pairing options available on property. He previously was Chef de Cuisine at Boka restaurant in Chicago, and most recently worked at the Healdsburg, Calif., Spoonbar restaurant and The Restaurant at Meadowood.
Canadian Whisky Riding Segment’s Surge, Enjoying Growth
Just as the overall whisk(e)y segment has enjoyed growth in recent years, Canadian whisky is holding up its end of the bargain, recording 2.2 percent growth in 2015, according to Distilled Spirits Council data.
Compare that to sales of vodka, says Hood River Distillers Senior Brand Manager Tia Bledsoe. During the same period, the clear spirit logged only half a percentage point of growth.
“I believe Canadian whisky fares well in a bar’s hierarchy,” Bledsoe said. “Recent reports indicate a steady upward trend for Canadian whiskies.”
She credits Hood River’s Pendleton products — blended Canadian whiskies featuring an “exceptionally smooth finish,” making for an easily enjoyable and drinkable spirit — for some of the segment’s success. It can be sipped neat, on the rocks or integrated into any classic whisky cocktail.
“Or really mix it up and use in place of vodka,” she suggested.
Another influence on the segment’s success is the ongoing cocktail craze that has no end in sight with mixologists bound by only basic elements.
“The effects of the cocktail craze are nothing but positive,” Bledsoe said. “Bartenders continue to defy the traditional norms of cocktail making by exploring new recipes with new spirits — like Canadian whisky.
“These cocktails are just another avenue for consumers to experience and enjoy the taste and complexities of Canadian whisky.”
Especially for those who might be intimidated by the idea of trying a new spirit either neat or on the rocks.
“For Canadian whisky, it’s really about education and trial: Find local spirits tastings, research tasting notes and the product’s history,” she suggested. “The whisky segment, in general, offers a wide variety of options.
“It takes spending time with the products and understanding the different noses and flavors that really helps beginners understand and appreciate what they are consuming.”
Bledsoe said the seasoned connoisseurs of the spirit are well acquainted with the smooth finish of their favorite Canadian whisky on the rocks, neat or with a splash of water.
“People are drinking Canadian whisky in all forms and fashions,” she said. “One hot trend that seems to be making an impact in the cocktail-making industry is replacing bourbon in traditional cocktails — like the Kentucky Mule, Old Fashioned, or Sazerac — with Canadian whisky.
Bledsoe said she has just put away her Canadian Mule mug now that chillier fall temperatures have become the norm.
“Now that the weather is changing, I’m back to my go-to Pendleton on the rocks with a splash of water and a lime,” she said.
As for what the future holds for Canadian whiskey, Bledsoe said she expects to see a continuation of the good times.
“The growth of whisky continues to dominate formerly leading spirits, like vodka,” she said. “We’re definitely excited about the potential for premium whiskies based on the current trends.”
Bar, Bowling Owners Desperate For More Machines From Ohio Lottery
Thanks to all of the hospitality community for, once again, supporting the 15th annual Buckeye Bar Expo.
There are topics that are always fun or educational to hear about. Then, there are aspects of the input from members that turn into a call for action. We heard that loud and clear on the issue of more “new Keno” machines from the Lottery.
We received responses from almost 100 participants asking for three or more “new Keno” machines. This was expressed at many parts of the show. In addition, following the show we heard from others. We estimate that the existing call for more machines just to the OLBA to be somewhere over 600 requests.
Interestingly enough, the exhibit that was most in demand was the Ohio Lottery showcasing their new Keno device. Bar and bowling proprietors flocked to the exhibit to see the latest in technology that the Lottery has to offer. The first 1,000 machines were placed in locations this past summer and the results have been outstanding. Locations that didn’t receive one of the initial units are desperate to quickly receive a machine.
“Sometimes our members aren’t sure about approaching the Lottery, so we brought the Ohio Lottery to them. It was very successful.” said OLBA President Kathy Bean.
Kenny Rehm, owner of Kenny’s Sports Bar in Cincinnati, said he came to the expo just to hear more about the devices. He said a bar owner near him has been trying unsuccessfully to get the new games. He desperately needs to get a machine for his bar to remain competitive with the growing gaming landscape in Ohio.
Any bar that is interested in obtaining the new machines should call the Ohio Lottery at 800-686-4208.
If you have questions about what kind of games that you can offer legally in your bar, then contact the OLBA state office at 800-678-5995. Kevin Braig, partner at Shumaker, Loop & Kendrick, is ready to help. He practices gaming law with an emphasis on skill-based amusement machines, charitable gaming, daily fantasy sports wagering, sports betting and software development related to all types of gaming.
Phil Craig is executive director of Ohio Licensed Beverage Association, 37 W. Broad St., Suite 480, Columbus, Ohio, 43215, 614-224-3840 or 800-678-5995.