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State alcohol laws examined: Bill would allow liquor sales on Sunday

Published: Friday, March 22, 2013 3:30 PM CDT
The "blue laws" that restrict the sale of liquor on Sundays may be a thing of the past by May 11 when Plano residents vote on whether to allow liquor stores in the city.


House Bill 421, authored by Rep. Senfronia Thompson (D-Houston), would allow for the sale of liquor for off-premise consumption on Sundays from noon until 9 p.m. The bill would also extend the hours stores could sell liquor on the remaining six days of the week by two hours -- one in the morning and another in the evening. If passed, stores would be able to operate from 9 a.m. to 10 p.m. Monday through Saturday.

"We allow people to buy wine and beer on Sundays, and they can buy it and they can carry it home," Thompson said during a hearing on the bill on Tuesday. "If you buy distilled spirits on Sundays you have to drink it where you buy it, and I just believe you should be able to tote your distilled spirits home just like you tote your beer and wine home."

In addition to HB 421, a companion piece of legislation, Senate Bill 236, has been filed in the Texas Senate by Sen. Juan "Chuy" Hinojosa (D-McAllen).

The House Licensing and Administrative Procedures Committee hearing on Tuesday featured testimony from a number of people in the alcohol industry.

Among those in support of the bill was Edward Cooper of Total Wine and More, a national chain with two stores in the Metroplex. Like several other speakers, Cooper spoke of how package liquor stores are at a disadvantage since they are only allowed to be open 66 hours a week, versus stores that strictly sell beer and wine, who are allowed to be open 115 hours a week.

"With the portion of the bill that deals with the expansion of hours we see that as a fairness issue and a choice issue," he said. "It is only fair that beverage alcohol professionals and beverage alcohol retailers for off-premises should be able to sell to customers the same number of hours that anyone else can."

Rep. Roland Gutierrez (D-San Antonio) said he worries supporters of the bill are using it as a way to allow the sale of liquor in grocery stores, a move he said would make it easier for minors to access alcohol since it is easier to steal a bottle of liquor versus a six pack of beer.

In his testimony supporting HB 421, Dale Szyndrowski of the Distilled Spirits Council of the United States said this is an issue he has seen in other states, and that at this time the group does not support selling liquor in grocery stores in Texas.

Not everyone who testified was in support of the bill.

David Jabour, president of Twin Liquors and a representative of the Texas Package Stores Association, said the 1,600 mom-and-pop liquor stores in the state strongly opposed the bill because it would "eliminate the one day of rest that treasured by many small business owners."

He added that many Texas-owned chains, including Twin Liquors, Spec's, Centennial and Sigel's, also oppose the bill.

"What we see in Sunday sales is increased costs of doing business without sufficient revenue to support the additional cost," he said. "From a retailer's point of view we would simply spread six days of liquor sales over seven days and many more hours. The revenues would not significantly increase, but the costs would increase."

Jabour said he believed the push to change the law was primarily made by foreign-owned distillers that he said controlled DISCUS, and wholesalers that believe they will gain market share over beer and wine by expanding liquor sales, even if it means hurting retailers who cannot bare the cost of being open seven days a week.

Lance Lively, executive director of the Texas Package Stores Association, told the committee 95 percent of the members of his organization oppose the bill. He added that while the law would not force stores to be open, said competition with other stores would "in essence require you to be open."

Jabour's and Lively's views were shared by Jessy Mandara of Planet Spirit in Lowry Crossing, which along with Anna is one of two Collin County cities that allow liquor sales. Mandara said he wasn't aware of the bill, but didn't think it would have a huge affect on his bottom line.

"Most of our sales are on Friday and Saturday," he said. "I think it is good to be able to increase the hours and wish we could increase them until 11 p.m. on Friday. However, I think business would be slow on Sunday."

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