NEW RULE LOOKS LIKE HAPPINESS ALL AROUND

Brewmasters and the Department of Revenue, a Peaceful Consensus

By Bill Schneider, 1-08-09

	Bayern Brewing's taproom in Missoula. Photo courtesy of Bayern Brewing.

Last August, I wrote a three-part series about a serious dispute between Montana’s brewers and the Montana Department of Revenue (DOR). In a surprise move, DOR proposed a new administrative rule that “clarified” the current 8 pm closing time and require brewers to close instead of stop selling and serving beer at 8 pm.

The proposed rule was instantly controversial. After receiving many angry comments and facing the expectation of a contentious public hearing, DOR Director Dan Bucks pulled the proposed rule from consideration and started working on a new version, which is now up for public comment.

And, it seems, it’s a great example of how things should be done.

On January 14, DOR will hold a public hearing in Helena to consider the amended rule. This time there are no angry calls from brewers or their loyals going into the Governor’s Office and to legislators or no online petitions with thousands of signatures going to DOR, nor will brewers be flocking to the hearing to protest.

Instead, as Tony Herbert, new executive director of the Montana State Brewers Association, said, “We agree with this new rule, and I’ll be going to the hearing to say that the brewers are okay with it as currently written.”

Herbert also told NewWest.Net that the new proposed rule is an outgrowth of the failed rule-making progress in August. As part of the decision to pull the rule, Bucks set up a committee composed of DOR staffers, brewers, and representatives of the law enforcement community to come up with a consensus before entering the official rule-making process again.

“This is the result of those meetings,” Herbert noted, and brewers are happy with the outcome so far.

Herbert added that brewers don’t necessarily feel the law needed clarification, but law enforcement reps and the DOR did, so in the spirit of cooperation, brewers participated and agreed with the outcome. “We’d like the DOR be a partner with us for all the things that might happen in the future.”

In other words, we have an excellent example of how new administrative rules should be done, whereas the foiled attempt last August provided an ideal example of how not to do it.

DOR Director Dan Bucks told in a phone interview that since he was the final decision maker, he couldn’t prejudge anything, so it wouldn’t be appropriate for him to comment on the substance of the proposed rule, but he does like the new way of doing things.

“We thank the committee for their work, “Bucks said. “Obviously, we did this because we thought it was a better way to go about it. In this case, I think we’ve improved the process.”

The main point of clarification is how long taproom patrons can savor a pint of the Good Stuff. Currently, there is no limit to the amount of time a person who buys a pint before 8 pm can take to finish it, assuming the brewer keeps the taproom doors open. 

Under the new proposed rule, brewers still can’t sell or serve beer after 8 pm, but if approved as written, they could allow patrons to finish a pint purchased or served before 8 pm until 10 pm. At 10 pm, all consumption of beer must end.

For example, if a couple of thirsty flycasters get to the taproom at 7:45 pm and the brewer keeps the taproom open, they could order two pints each and take an hour to drink them while analyzing why they didn’t catch more fish that day.

According to Cleo Anderson, rule reviewer for DOR who will be presiding over the January 14 hearing, the rule also clarifies the sale of growlers. The law isn’t really clear about the common practice of selling growers for off-premise consumption, nor does it define what a growler is, which under the proposed rule is defined as “any refillable, resealable container that a brewer fills on the brewery premises for off-premises consumption.”

Brewers can sell growlers after 8 pm, but for off-premise consumption only.

Right now, the new rule looks like happiness all around and a political lay-up, but keep in mind that it’s “proposed.” Based on testimony the DOR receives at the hearing and during the public comment period, the rule could change, so stay vigilant and involved. You have until January 23 when the comment period ends. This means sending in comments to support the proposed rule as written. If everybody just assumes it will become the final rule as written and then it doesn’t, well, then, it will be too late.

To read the new rule, click here.

Send your comments to Cleo Anderson, Department of Revenue, P.O. Box 7701, Helena, Montana 59604-7701. Phone: (406) 444-5828; fax (406) 444-3696; e-mail: canderson@mt.gov.

Like this story? Get more! Sign up for our free newsletters.