NABCA Legal Symposium on Alcohol Beverage Law and Regulation
North Carolina’s Alcohol Beverage Control System is ... · North Carolina’s Alcohol Beverage...
Transcript of North Carolina’s Alcohol Beverage Control System is ... · North Carolina’s Alcohol Beverage...
Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
North CarolinaNorth Carolina’’s Alcohol Beverage s Alcohol Beverage Control System is Outdated and Control System is Outdated and
Needs ModernizationNeeds Modernization
A presentation to the Joint Legislative A presentation to the Joint Legislative Program Evaluation Oversight CommitteeProgram Evaluation Oversight Committee
December 2008December 2008
L. Carol Shaw, Principal Program EvaluatorL. Carol Shaw, Principal Program Evaluator
2Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System Alcohol Beverage Control System Evaluation TeamEvaluation Team
L. Carol Shaw, Project Lead
Sean Hamel, Research AssistantCatherine Moga Bryant, Senior Evaluator
Carol Ripple, Principal EvaluatorYana Samberg, Senior Evaluator
Pamela L. Taylor, StatisticianJeremy Wilson, Intern
3Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System Alcohol Beverage Control System OverviewOverview
North Carolina’s ABC system:• has not kept pace with demographic and economic
changes in the state;• is governed by statutes that limit system
management;• has not clearly defined the mission of local boards;
and• regulates the sale of liquor differently than other
states.
4Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System Alcohol Beverage Control System OverviewOverview
Modernize the current Alcohol BeverageControl system by:• defining the mission of local boards;• providing management tools for better oversight of
local boards;• modifying outdated statutes for ABC store elections
and purchase-transportation permits; and• considering whether other regulatory systems are
appropriate for NC.
Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System:Alcohol Beverage Control System:Background and ScopeBackground and Scope
6Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System:Alcohol Beverage Control System:Evaluation ScopeEvaluation Scope
• How can the NC Alcohol Beverage Control system be improved?
• How does NC’s system compare to control and licensing systems in other states?
See report p. 2
7Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System:Alcohol Beverage Control System:Data CollectionData Collection
• Interviews with key stakeholders• Information from local ABC Boards,
including: – Fiscal, operations, and survey data from
all 158 Boards– Site visits to 31 Boards and on-site
inspections of 54 stores• Interviews with representatives from private
liquor store chains• Review of related laws and rules• Data on alcohol beverage control and
licensure in other states
See report p. 2
8Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
The NC ABC System TodayThe NC ABC System Today• History influences how NC’s ABC system has
evolved.
• NC ABC Commission oversees the sale of liquor and controls the central liquor warehouse.
• Only local ABC boards are authorized to operate retail stores and sell liquor in NC.
See report pp. 2-10
9Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
North Carolina Local ABC BoardsNorth Carolina Local ABC Boards
10Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System:Alcohol Beverage Control System:Important to NCImportant to NC’’s Economys Economy
$692 million business in FY 2006-07
• The effectiveness and efficiency of the ABC system affects revenue collection
• Important source of revenue – $238 million in Fiscal
Year 2006-07
See report p. 11
Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control SystemAlcohol Beverage Control SystemFindingsFindings
12Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 1: NCFinding 1: NC’’s ABC System Has Not Kept Pace s ABC System Has Not Kept Pace with Demographic and Economic Changes in with Demographic and Economic Changes in NCNC• NC has changed significantly since the ABC system
was created in 1935.– No longer dominated by small
towns and villages– Growth concentrated in urban
centers, surrounding counties, and tourist areas
– Population shifts are affecting local board profitability
See report pp. 12-17
13Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Changes in NC’s Total Population 1970 -2000
14Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 1: NCFinding 1: NC’’s ABC System Has Not Kept Paces ABC System Has Not Kept Pace
– People used to shop where they live
– Increased mobility allows people to shop in areas with large concentration of stores
– Some counties are losing retail business to other counties
– Changing shopping patterns affect local board profitability
See report pp. 12-17
• Equal distribution of retail opportunities no longer exists across counties in NC.
15Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 1: NCFinding 1: NC’’s ABC System Has Not Kept Paces ABC System Has Not Kept Pace
The low threshold for ABC Store elections causes a proliferation of ABC Boards in dry counties.
Buncombe County ExperienceSee report pp. 12-17
16Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
17Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 1: NCFinding 1: NC’’s ABC System Has Not Kept Paces ABC System Has Not Kept Pace
Woodfin ABC Board reduced sales for Asheville ABC Board rather than generating new sales.
Buncombe County ExperienceSee report pp. 12-17
9.47%
-2.36%
9.40%9.78%
9.44%10.03%
-5%
0%
5%
10%
15%
20%
2006 2007 2008*
Fiscal Year
Perc
ent G
row
th in
Gro
ss L
iquo
r Sa
les
All ABC Boards - Buncombe CountyAsheville ABC Board
Woodfin ABC Store Opened 07/2007
18Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
9.47%
-2.36%
9.40%9.78%
9.44%10.03%
-5%
0%
5%
10%
15%
20%
2006 2007 2008*
Fiscal Year
Perc
ent G
row
th in
Gro
ss L
iquo
r Sa
les
All ABC Boards - Buncombe CountyAsheville ABC Board
Woodfin ABC Store Opened 07/2007
19Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 1: NCFinding 1: NC’’s ABC System Has Not Kept Paces ABC System Has Not Kept Pace
• Outdated statutes do not reflect the changed attitudes about access to alcohol:
– ABC store requirement for mixed beverage elections
– Purchase-transportation permits to deter bootlegging
See report pp. 12-17
20Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 2: Statutes Limit the Ability of the ABC Finding 2: Statutes Limit the Ability of the ABC Commission to Effectively and Efficiently Commission to Effectively and Efficiently Manage the ABC SystemManage the ABC System
• Statutes do not allow the ABC Commission to – enforce minimum standards for operation and
profitability of ABC boards;
– effectively assist boards in making changes to improve operations; and
– mandate board consolidations or mergers to improve the ABC system.
See report pp. 18-25
21Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Local ABC Board Profit Margins for FY 2006Local ABC Board Profit Margins for FY 2006--0707
22Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 2: Statutes Limit System Management2: Statutes Limit System Management
Same As Industry
(64)41%
Better Than Industry
(19)12%
Worse Than Industry
(72)47%
Some ABC boards have higher operation costs when compared to private liquor retailers.
See report pp. 18-25
Same As Industry
(64)41%
Better Than Industry
(19)12%
Worse Than
Industry(72)47%
23Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 2: Statutes Limit System ManagementFinding 2: Statutes Limit System Management
Merged boards have seen increased profitability.
Example:High Country ABC Board
See report pp. 18-25
-500
50
100150200250300
350400450
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Net
Pro
fit in
Tho
usan
dsBanner ElkSeven DevilsSugar MountainHigh Country
Banner Elk, Seven Devils, and Sugar Mountain merged in 1999 to form High Country ABC Board
24Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
-500
50
100150200250300
350400450
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Net
Pro
fit in
Tho
usan
dsBanner ElkSeven DevilsSugar MountainHigh Country
Banner Elk, Seven Devils, and Sugar Mountain merged in 1999 to form High Country ABC Board
25Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 3: NC Has Not Clearly Defined the Finding 3: NC Has Not Clearly Defined the Mission of Local BoardsMission of Local Boards
• Neither ABC statutes nor administrative rules define the mission or purpose of local boards.
• Other control states have clear mission and purpose statements: Virginia and New Hampshire.
• The lack of a clear mission allows local boards to justify ineffective and inefficient store operations.
See report pp. 25-27
26Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Finding 4: NCFinding 4: NC’’s System for Regulating the s System for Regulating the Sale of Liquor Is Different from Other StatesSale of Liquor Is Different from Other States
• Control states regulate by distributing alcoholic beverages to consumers at state-operated retail stores or as wholesalers through retail establishments.
• Licensing and control states regulate by collecting taxes and licensing suppliers, wholesalers, and retail businesses.
North Carolina is a control state.See report pp. 27-32
27Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
State Control ModelsState Control ModelsRetail Agency
New HampshireNorth CarolinaPennsylvania
VirginiaMontgomery County, Maryland*Worcester County, Maryland*
MaineMontana
OhioOregonVermont
Combination WholesaleAlabama
IdahoUtah*
Washington
IowaMichiganMississippi
West Virginia
Note: Asterisks denote the state or county controls the distribution of wine.
Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Alcohol Beverage Control System:Alcohol Beverage Control System:RecommendationsRecommendations
29Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Recommendation 1Recommendation 1--A: Modernize NCA: Modernize NC’’s ABC s ABC System by Defining the Mission of Local BoardsSystem by Defining the Mission of Local Boards
• A mission statement should emphasize the following elements:
–Efficient store operation
–Profitability and revenue
–Convenient access
–Excellent customer service
–Appropriate control
See report pp. 32-35
30Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Recommendation 1Recommendation 1--B: Modernize NCB: Modernize NC’’s ABC s ABC System by Providing Management Tools for System by Providing Management Tools for Better Oversight of Local BoardsBetter Oversight of Local Boards
– Performance standards
– Local board mergers
– Technical assistance
– Financial incentives
– Agency stores
See report pp. 32-35
Authorize the ABC Commission to use the following management tools:
31Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Recommendation1Recommendation1--C: Modernize NCC: Modernize NC’’s ABC s ABC System by Modifying Outdated StatutesSystem by Modifying Outdated Statutes
• Increase registered voter threshold for city ABC store elections from 500 to 5,000
• Eliminate ABC store requirement to hold mixed-beverage elections
• Eliminate purchase-transportation permit requirement for liquor
See report pp. 32-35
32Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Recommendation 2: Consider Whether Other Recommendation 2: Consider Whether Other Systems for Alcohol Beverage Control Are Systems for Alcohol Beverage Control Are Appropriate for North CarolinaAppropriate for North Carolina
• Changing the system could affect:– State and local revenues from liquor sales
– Liquor selection and pricing
– Warehouse ownership and operation
• Changing the system would mean local boards no longer own and operate ABC stores.
See report pp. 32-35
33Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Evaluation SummaryEvaluation Summary• NC’s Alcohol Beverage Control System is
outdated and needs modernization.• Statutory changes will improve the
effectiveness and efficiency of the Alcohol Beverage Control system.
• A more effective and efficient ABC system may increase revenue for North Carolina and local governments.
• The North Carolina ABC Commission concurs with the Program Evaluation Division’s recommendations.
Program Evaluation DivisionProgram Evaluation Division North Carolina General AssemblyNorth Carolina General Assembly
Report available online Report available online http://www.ncleg.net/PED/Reports/Topics/GovernmentOperations.htmhttp://www.ncleg.net/PED/Reports/Topics/GovernmentOperations.htmll
Carol ShawCarol [email protected]@ncleg.net