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Several lawmakers and others converged on the state Capitol yesterday to demand the defeat of a bill allowing the sale of full-strength beer in grocery stores and convenience stores. 

The bill, HB 1192, sponsored by Rep. Buffie McFadyen, D-Pueblo West, and Sen. Jennifer Veiga, D-Denver, seeks to allow grocers and convenience stores to be able to sell “full-strength beer,” which is beer with more than 3.2 percent alcohol. Currently only liquor stores in Colorado can sell full-strength beer, and since the legislature passed a law last year allowing the sale of liquor on Sundays, grocers and convenience stores have reported a 68-percent drop in sales of 3.2 beer.

But those who spoke yesterday against the bill, which included several lawmakers, representatives from area cities and representatives from Mothers Against Drunk Driving, said in a press release that the bill will hurt in the fight against underage drinking. 

One contention they have is that the bill would allow grocery store workers and convenience store workers who are under the age of 21 to be able to sell full-strength beer. 

Clerks at liquor stores must be at least 21, they point out.

“The bill weakens rules aimed at keeping alcohol out of the hands of underage drinkers,” said Sen. Lois Tochtrop, an Adams County Democrat.

“This will double the number of outlets selling full strength beer,” said Kory Nelson, a Denver city attorney who prosecutes stores that sell to underage customers. Emphasizing that he was speaking only for himself, he said in the press release: “There will be beer sliding out the back door and slipping through the cash registers. It will mean kids selling beer to kids.”

And Team Fort Collins, one of several Colorado college-town groups aimed at reducing underage drinking, wrote lawmakers, “It would be naive and irresponsible to expect that an 18-year-old clerk would resist requests from their underage peers (to) make alcohol purchases.”

Veiga: No change

However, Veiga said grocers and convenience stores can only sell 3.2 beer to those over the age of 21 now, so letting them sell full-strength beer really won’t make any difference.

“The problem with all the arguments they’re making now is while 3.2 beer is a slightly lesser alcohol content than full-strength, it’s still only sold to individuals 21 and older, so their premise is on the prior assumption that 3.2 beer is sold to individuals who are 18 and older, which it is not,” Veiga said. “So I just don’t quite get their argument, I guess.”

500-foot law

But another lawmaker, Rep. Jim Kerr, R-Littleton, said he opposes the bill because by allowing convenience stores and grocers to sell full-strength beer, full-strength beer could be sold within 500 feet of a school. Current law prohibits liquor stores from being within 500 feet from a school.

“This will open the floodgates to teenage drinking,” Kerr said.

Veiga admitted that she was unaware of the 500-foot rule and would need to look into the issue further. 

Bad for business?

Another argument against the bill is that some believe its passage would put small liquor stores out of business. 

The cities of Aurora, Commerce City, Golden and Wheat Ridge are asking the legislature to kill the bill because they say it will eliminate local control of beer sales, put hundreds of independent liquor stores out of business, and cost thousands of jobs.

But Veiga points out that convenience stores are small businesses, too, and right now they’re at a competitive disadvantage with liquor stores.

“I think it’s very much a fairness issue for grocery stores, and more significantly for convenience stores,” Veiga said. “Understand there are more small convenience stores in the state of Colorado, I think, than there are liquor stores. 

“And so while liquor stores will come to you and tell you, ‘Oh my gosh, this is going to put us out of business,’ the reality is that convenience stores are operating at a disadvantage. All this is going to do is level the playing field and I think put everyone on a competitive, level playing field.”

Hearing is Wednesday

HB 1192 is scheduled to be heard in the House Business Affairs and Labor committee on Wednesday. 

The hearing will be in the Old Supreme Court Chambers at 1:30 p.m.

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