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e the legislature i m not just a blogger howling in the night but they didn t respond which leads me to believe that we re screwed shapiro is just another democrat who will veto any privatization bill for reasons unclear and mastriano apparently is either beholden to the religiously anti booze or will be too busy fighting for freedom whatever he thinks that means but don t worry these guys promised not to buy booze outside the normal channels again pinky swear looks like it s gonna be a long eight years posted by lew bryson at 10 24 pm 1 comment labels corruption ethics investigations lottery mike negra pappy van winkle thursday june 2 2022 out of control i ve been at this for years since 2008 although i did pretty much drop the ball during the pandemic which i regret deeply because a lot of things needed to be said but that s virus over the dam now one of the consistent themes through all of those years was the way the liquor control board was actually out of control i ve brought up numerous examples of this the famous wine kiosks the rise of conti and the essential abolishment of his ceo position after he fell from grace numerous clashes with governor rendell told you i d been at this for years the lying about variable pricing and the disastrous allocated whiskey lottery that they never could get right and finally just gave up on whoops not that frank burns but one of the most egregious amazing examples was one i missed during my covid hiatus when representative frank burns d johnstown tried to find out how many zombie licenses the pclb had for future auction these are seized or unused licenses after a year under relatively new law they revert to the plcb where they can be auctioned to the highest bidder the plcb said no that s right a government agency refused to give regulatory information to a duly elected legislator so burns went to the office of open records they said the plcb had to give him the information and the lords of liquor control refused again appealing to the commonwealth court the court ruled in burns s favor so of course the plcb which has an unending supply of crap lawyers appealed the ruling to the state supreme court the pa supremes fairly quickly denied the plcb s appeal upholding the commonwealth court ruling giving the agency 30 days to present the information yeah i m frank burns arrest the plcb and the snozzberries taste like snozzberries aside from the truly interesting fact that rep burns is a democrat and the state supreme court has a solid democratic majority so they clearly do get what the plcb is but consistently refuse to privatize it what do we learn here the plcb directly denied a legal request for information from a state legislator this wasn t a frivolous request like hey how many bottles of maker s mark do you guys have right now it was information that concerned constituent requests and a valid issue namely how is a purchaser supposed to know what the value of a license is when the plcb won t tell them how many are going to be available the plcb gave its stock answer which had always worked for it in the past that s proprietary information my good man but this time they ran into someone who was just as willing to go to court as they were and they lost burns paid the legal costs out of his own pocket by the way the plcb yeah they paid out of our pockets commonwealth court justice cannon they not only lost the judge bought none not one iota of what the liquor control board was trying to sell wow the plcb sucking at selling something shocker the right to know law is clear the information here is public record said burns s lawyer terry mutchler the first director of the state s office of open records it is a very strong decision that advances the law by giving deeper guidance on the components of records that agencies consider pre deliberative and also because it points out that although the lcb may be business like it is not a business yes that s why i included the entire quote this is classic plcb style don t just be wrong deny you re wrong waste thousands of taxpayer dollars denying you re wrong and then when you re proven wrong be assholes about it assholes yeah the plcb s main comment on the supremes decision was along the lines of wow we were really looking forward to proving our case but we ve been denied justice typical this is all by way of proving the point i ve been making for years the one i simply cannot believe the general assembly does not get the plcb is a rogue agency burns gets it he believes that the board wields too much power and has become arrogant and unresponsive to the public s wishes the lcb has their own little kingdom with a moat around them for protection said burns they re not accountable to anyone and that has to change if they can treat a legislator like this you can only wonder how they treat other people out there bang on rep burns the liquor control board is literally out of control and the reason is that it is answerable only to itself it is a government agency with its own plentiful source of revenue it has its own enforcement arm its own courts and judges it regularly thumbs its nose at the legislature the governor and the pennsylvania courts and it arbitrarily changes state written regulations by interpreting them as they wish it does not need to be reformed or brought to heel or be regulated it needs to be done away with it serves no purpose that is not either anti consumer or superfluous everything the plcb does can be done more efficiently by existing state agencies except the actual wholesale and retail sale of booze thanks we can do that better on our own no state agency required here s how i laid it out almost exactly 14 years ago in this blog privatize booze sales put licensing and inspection in the hands of the dept of agriculture tax collection in the purview of the dept of revenue they ve got some experience with that put the anti alcoholism and underage drinking prevention programs under the dept of health and fully hand over enforcement to the state police then give a re write of the liquor code over to a commission that includes interested consumers for a change and charge them with writing a simpler more understandable code the plcb shut down for six weeks during the pandemic and wolf himself said link goes to a pdf we didn t need them because now we could buy booze at the acme store the plcb is corrupt the plcb is outdated the plcb has only 600 stores for the entire state the plcb won t let you buy booze in jersey or delaware they force us to buy from them why the hell aren t we done with this why does the legislature put up with it privatize end this out of control agency posted by lew bryson at 10 12 am 2 comments labels arbitrary decisions arrogance governor wolf licenses right to know the legislature zombie licenses thursday april 14 2022 what might privatization look like the future is as clear as vodka two years later i haven t given up but i ll admit that the pandemic re ordered my priorities i ve got the raging fear my concerns under control now and i m starting to think about other stuff again like privatization there s talk of using a state constitutional amendment to get rid of the police enforced monopoly that is the state store system this tells me two things one republican legislators are tired of democratic bullshit about this issue and they re going nuclear and two that republican legislators have stopped thinking clearly demolition of the plcb amendment style it s my strong opinion that this would be the bluntest of instruments to achieve the goal of privatization of booze sales in the state an amendment would not have the detail necessary to do this well and would leave open all kinds of maneuvering room for backroom deals of the type i m pretty sure we all know would happen what kinds of deals how about minimum square footage requirements like they included in washington state s privatization deal the reason is that they re saving us from a liquor store on every corner but it s really a deal for big money donors like chain grocery and liquor stores to get a new oligopoly on retail liquor stores trading a shitty monopoly for a still limited oligopoly we don t want that believe me or they ll boost taxes to make up for the shortfall from the loss of the plcb profits once again like washington state s privatization deal this is wrongheaded and will lose us the greatest benefit of privatization competition it will put pa liquor stores and bars and restaurants firmly behind neighboring states stores on price leading to even more border bleed because you know that the hated police enforced monopoly will not go away we ll still be forced to buy booze in pa bullshit on that bullshit okay calm down lew the constitutional amendment idea is not a good one despite the democrats forcing consideration of such extreme measures by their bullheaded intransigence on this issue we need to come up with some way to make this an attractively bipartisan issue some of the problem is that the lazy legislature acquiesced when the plcb put the supermarket safety valve in place and didn t do the right thing create a separate grocery deli c store gas station license for retail off premise sales that led to supermarket and c store chains buying r licenses at insanely inflated prices over 500 000 in some instances and now shocker those businesses are dead set against any move toward such a license great but that s a whole other post and i will get to that and soon i m back on this time to take over the world pinky meanwhile what do i want to see in privatization all open to tweaking but first and non negotiable the plcb ceases to exist except as a regulatory agency if needed no state stores no state wholesale they ve proven that they cannot run this fairly or honestly they re done as a regulatory agency their operations must be made more transparent and their power to interpret state laws and regulations to the point of nullification must end second very important learn from washington state s mistakes and they made plenty of them a study panel should look at what washington did and what alberta did and come up with recommendations to make sure that we do better ask consumers in those places too those two are huge big picture things here are more direct things 1 allow all r and hotel licensees bars restaurants hotels to sell any type of alcohol beverage to any legal customer for on premise consumption with the purchase of an additional off license permit for a reasonable annual fee to the state they would be allowed to sell full bottles cans to go no more limits no more step outside and you can buy another bullshit licenses increased to one per 500 adults in a county licenses become non transferable five years after passage which should end the ridiculous secondary market in paper 2 beer distributors become all alcohol stores with off premise sales beer distributors may dispense draft beer in sealed have to work on that definition to go containers number of licenses is increased to one per 500 adults in a county license is non transferable starting five years after passage 3 create a new license for grocery stores convenience stores drugstores and gas stations takeout only no on premise consumption number of licenses are not limited pay a reasonable annual fee to the state with allowance for review after five or ten years and are not transferable license holders may also buy or retain a separate r license for on premise consumption if they want 4 open up wholesale beer wholesalers may add all other alcohol new wholesalers allowed reasonable annual permit non transferable more wholesalers means more competition which means better prices and service charging 100 million for a wholesaler license is not a way to get more wholesalers this may need tinkering for instance are multi state wholesalers allowed to operate in the state we may want to say no to that or we may not 5 pennsylvania citizens and licensees may buy and sell from out of state period this has gone on for way too long if the state can t tax and regulate booze in a manner consistent with neighboring states that s too damned bad look at it as incentive to do better 6 sales tax to be applied at wholesale or producer level convert the johnstown flood tax from a tax on price to a flat gallonage tax like the rest of the country and peg it to current national average if that means less revenue screw em what pennsylvania s tax does unintended consequences is make blotto booze cheap wine cheap vodka even cheaper while making better booze even more expensive if we re taxing alcohol for some health or moral reason the gallonage tax is more honest if it s just about raising revenue well why not put an excise tax on everything and share the pain 7 rip out the old liquor code and start over aim for simple understandable laws that ruin as few businesses as possible but changes them where they are unfair or not in the public interest for instance booze wholesale should emulate food wholesale competition allowed exclusivity as something that suppliers would pay for the code is currently open to way too much interpretation and confusion and that has to end 8 perhaps the most important is this when this is done when it s being written and decided upon it must be 100 transparent there must be citizen and industry representation on whatever task force does this rewriting of the liquor code and regular reports must be presented weekly if necessary there s too much money at stake to do otherwise and we ve already seen that it causes corruption obviously i volunteer seriously there should be representatives from all sides wholesale and retail booze business but only one each consumers one or two anti alcohol types gotta be fair the ufcw no really it s only fair and politicians maybe more stakeholders that s just a first cut but there must be representation and openness these points will make me no friends in the industry they completely upset the apple cart and may ruin long established family businesses but they will create new businesses and the solid family businesses will thrive and succeed as long as big businesses chain retailers aren t allowed to write this privatization bill and of course nothing s set in stone and politics is the art of the possible it s about time it s long past time that the consumers the voters had a large say in how this gets done privatization yesterday today forever posted by lew bryson at 9 30 am 2 comments labels grocery stores how to do it right privatization perils state store system washington state privatization screwups wholesale privatization saturday april 18 2020 why this isn t already done this is something i just posted on the abolish the plcb rewrite the code facebook group page a group you re certainly encouraged and welcome to join a new member was full of righteous rage and wanted to know how to get privatization and said we needed to force harrisbur...