Florida: Florida Senate bill that would eliminate liquor sales restrictions opposed by Broudy’s owner, others

 

Source: St. Augustine.com

January 20, 2017

 

Opponents of a new Florida Senate bill that would eliminate the requirement that liquor sales take place in a separate store is passed say the safety of minors and the profitability of some small retailers will be in danger.

 

The bill, SB 106, was filed in December by Sen. Anitere Flores, a South Florida Republican.

 

It would, in part, repeal Section 565.04 of the Florida Statutes that says stores selling liquor “shall have no openings permitting direct access to any other building or room, except to a private office or storage room of the place of business from which patrons are excluded.”

 

That current law is the reason there are only stand-alone liquor stores in Florida. Even liquor stores owned by Publix, Winn-Dixie, Costco and other retailers are completely separate from the main grocery stores.

 

Under current law, stores that sell liquor “shall be devoted exclusively to such sales” with exceptions for items like drink mixers and “party supplies.”

 

It’s a system that has served Florida residents well, said Barry Broudy, third-generation owner of local liquor store chain Broudy’s.

 

“There’s no reason to do this,” Broudy said. “I cannot imagine what individual would want this.

 

“Isn’t it easy enough as it stands to buy alcohol?”

 

Broudy said big stores such as Walmart want to sell liquor without having to build and staff a separate store. Without that, though, Broudy said it is much more difficult to monitor underage customers who can easily steal a bottle or even steal a few chugs right in the store.

 

There are five Broudy’s stores in North Florida, and Broudy said his employees are trained to watch for those who aren’t old enough to buy liquor. He said a big retail store that sells many products and that could scatter liquor anywhere in the store couldn’t monitor people the same way a dedicated liquor store can.

 

“That’s one of my biggest concerns,” Broudy said of security. “When someone walks into my liquor store, if they’re underage, my staff immediately goes on alert, if they look like they may not be old enough. Really they don’t belong in here.”

 

Stores like Broudy’s exist because other retail outlets can’t sell liquor along with everything else. Because of that law, business owners have set up stores and dedicated their careers to them, making investments in them.

 

If the law changes, Broudy said he worries about putting independent liquor stores out of business.

 

“The easier you make it for them (big retail chains), the harder you make it for the small business person to survive,” Broudy said. “We have to decide as a community: Do we want the big box stores to be the only option in our community?”

 

That’s one of the chief concerns for members of the Florida Independent Spirits Association, a trade organization for independent alcohol retailers.

 

Scott Dick, a lobbyist for FISA, said it’s not fair to change the laws on store owners who have spent years building up their businesses.

 

“It’ll be devastating to the small, independent retailers,” Dick said. “These small retailers have invested thousands, if not millions of dollars to operate according to statute that’s been on the books for 80 years.”

 

Floridians for Fair Business Practices, a coalition that supports the bill – representing Walmart, Target, Whole Foods, the Florida Restaurant & Lodging Association and others – says there’s no reason to think liquor stores will be run out of business.

 

In fact, one of its representatives pointed out the fact that the elimination of the current statute would allow liquor stores the freedom to add more grocery items to their offerings beyond what is currently allowed.

 

St. Johns County’s Sen. Travis Hutson (R) said he’s in favor of HB 106, and he is the chair of the Regulated Industries Committee, which is scheduled to hear the bill on Thursday.

 

“I personally don’t think the sky is falling as bad as everybody (opposed) thinks,” Hutson said. “The ultimate premise is: Should government be getting involved in open markets and telling businesses whether they need walls vs. not walls in terms of what they sell their products in? To me, I don’t think this is an issue government should be involved in.”

 

While Broudy is firm in his belief that the new bill will not benefit Florida residents, he said the family business that has survived multiple changes in the marketplace and in alcohol sales laws will continue regardless of what happens in Tallahassee.

 

“Our business model does not look the same today as it did 20 years ago,” he said. “You come into my store and it’s about selection and service.

 

“We will be OK either way. It will affect us, though. Every time something happens, we feel it.”