Wednesday, July 22, 2015

Bethesda restaurants blast MoCo liquor special orders system

The current special orders system for beer, wine and liquor in Montgomery County is hurting bars and restaurants' bottom lines and social media reputations, according to several county businesspeople who testified before the Ad Hoc Committee on Liquor Control last night.

Mark Moore of Bethesda's Tyber Bierhaus said that customers can't always get the special German, Belgian or Czech Republic brews they were expecting there, leading to negative comments online that hurt business. The reason some of his taps are not in use at times, Moore testified, is that the County Department of Liquor Control can't fulfill the special orders.

Hans Olson of Clyde's Tower Oaks Lodge recalled that his business was told by the DLC that a bartender staple, Maker's Mark, was simply not available during the busy holiday season. Another popular spirit, Grey Goose vodka, was unavailable in the county for six weeks on one occasion, he said.

And prominent local chef Geoff Tracy, who owns Chef Geoff's in Rockville and Lia's in Friendship Heights, said the DLC is currently unable to serve MoCo restaurants at the level of service their DC and Virginia competitors currently enjoy.

Montgomery County is the only jurisdiction in the state of Maryland with total government control of liquor through the DLC. The Ad Hoc Committee has been unsuccessful in answering the question of many residents and businesspeople: Why is the county involved in the liquor business to begin with? It is now down to only one reform suggestion, allowing alcohol wholesalers to sell and deliver special orders to retailers and restaurants. DLC would continue to have a monopoly on distribution of "stock" beer and wine.

Of course, this will cost around 15 county employees their jobs, for which the proposal offers little substantial remedy. And it will take a sizable chunk out of the approximately $30 million in revenue the county takes in annually from liquor sales. To make up that lost amount - now even more critical with the Supreme Court Wynne decision costing MoCo $50 million in the FY-2017 budget, and added Purple Line cost of $50 million - the county will have to levy some kind of tax on alcohol sales.

Such a tax or fee could end up raising the cost of alcohol. Some in the hospitality business question why the county is still entitled to revenue, if it is no longer providing any service. Good question. What's the justification? And, while we know "Option 4" will be financially beneficial to a few private liquor distributors, will the new special order system sustain, worsen or improve the current situation for restaurants, bars, and their patrons? Sure, accounting and delivery speed will surely improve, but what about prices, particularly with the unknown county tax added?

Molly Horn, bar manager at the new All Set Restaurant and Bar in downtown Silver Spring, noted that customers can now get the same drink for a lower price right over the border in DC under the county's current system. That's a huge disadvantage to county restauranteurs and patrons.

But the county even gouges retailers, currently. Charleen Merkel of Bradley Food & Beverage in Bethesda said the county is charging private retail stores like hers a higher markup on wine, while selling it for a cheaper price to consumers in county-operated liquor stores.

Of course, Option 4 sounds good under the circumstances. If you were a political prisoner surviving on bread and water in solitary confinement, and the warden said you could have a prime rib and a run around the prison yard once a day, you might consider that good news, too. But it wouldn't make the overall wrong right, and hardly be celebration-worthy.

But there's entirely too much fawning media coverage of the "effort" to reform the liquor system in Montgomery County by Councilmember Hans Riemer. If Option 4 indeed comes to pass, it won't be the end of liquor control by county government. It doesn't assure that prices will be lower in the long term.

What Riemer and other officials are saying is, we're going to give you back a little bit of your business we have no business being involved with in the first place. They're still not getting out of that business. And they still don't trust you, the adult taxpayer, to buy Bud Light or a sub-$10 wine bottle at Giant or CVS.

Before the MoCo political machine apologists say, "but that's the state law, not the county!" - yes, it is.

But charging a tax and allowing private distribution, if Option 4 comes to pass, will require two legislative actions in Annapolis. Why not add in grocery and convenience store sales to the legislative "ask" at the same time? Guess what, they're not going to. Put those pom-poms away.

Speaking of fawning media coverage, when will the local media ask Councilmember Riemer what he knew, and when he knew it, regarding alleged illegal activity in the DLC? Riemer appeared to be highly-involved in an NBC4 investigation, which purported to show employees drinking on the job, and engaged in other illegal activity. Yet that report, which included a well-staged, formal sit-down interview with Riemer, aired a mere 48 hours after Election Day in November 2014.

Was illegal activity in DLC known to Councilmember Riemer prior to Election Day, but not disclosed until after he was safely reelected? Riemer and the County Council have oversight authority over the DLC, and each of them took an oath of office that required them to uphold the law, which would include reporting illegal activity immediately to law enforcement authorities.

Enquiring minds want to know.

58 comments:

Anonymous said...
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Anonymous said...

who is in the picture?

Anonymous said...
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Anonymous said...

ISIS is against the consumption of alcohol just like the county council.

Anonymous said...

"And they still don't trust you, the adult taxpayer, to buy Bud Light or a sub-$10 wine bottle at Giant or CVS.

"Before the MoCo political machine apologists say, 'but that's the state law, not the county!' - yes, it is.

But charging a tax and allowing private distribution, if Option 4 comes to pass, will require two legislative actions in Annapolis. Why not add in grocery and convenience store sales to the legislative 'ask' at the same time? Guess what, they're not going to. Put those pom-poms away."

Dyer is saying, "Yes, it's state law, but I'm going to find a way to blame it on Hans Riemer and the MoCo machine anyway."

Anonymous said...

"Legislative 'ask' [sic]"?

I guess the word "request" is not in Dyer's dictionary.

Anonymous said...

Oh my this is nuts! I know people who cross into the district for all their personal liquor - guess this is why. Does anyone know if a business owner could purchase liquor in the district and resell it in their stores? Or would this be a violation of the law? A store like Bradley Food & Beverage can probably survive this regime. It's the eclectic mix that makes the store fun to browse. But if Tyber Bierhaus can't get the German specialty beers they need when they need them how can they stay in business?

Anonymous said...
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Anonymous said...

Does Dyer really want homeless winos hanging outside of every CVS and 7-11 drinking MD 20/20?

Trawick said...

6:16am "Tyber Bierhaus can't get the German specialty beers they need"

Riemer's night life task force is paying dividends for our bars and restaurants..lol

Anonymous said...

Think of all the independent beer and wine stores that would be driven out of business if Giant, Safeway, CVS, 7-11 and gas stations were allowed to sell beer and wine.

Why does Dyer hate MoCo small businesses?

Anonymous said...

Reading the reviews of Tyber Bierhaus on Yelp. Most often the complaints were about service, food, ambiance, and location. 2 of the 17 negative reviews (one or two star) mentioned them running out of something on tap. Doesn't seem to be their main problem.

Anonymous said...

Is Tyber Bierhaus another Greenhill property?

Anonymous said...

@ 6:58 PM - How dare you do Dyer's job for him?

Anonymous said...

"Hans Olson of Clyde's Tower Oaks Lodge recalled that his business was told by the DLC that a bartender staple, Maker's Mark, was simply not available during the busy holiday season. Another popular spirit, Grey Goose vodka, was unavailable in the county for six weeks on one occasion, he said."

Or maybe they just ran out because they sold it all to underage binge-drinkers.

Anonymous said...

7:16am Are you saying Tyber Bierhaus is lying about running out of stuff? And your proof is yelp?

6:54am right...same logic the council uses in their efforts to block Uber. Poor Barwood, etc.

6:37am I'm not sure what a wino is, but I get asked for a buck often coming out of CVS or 7 Eleven downtown. Not sure what would change.

Anonymous said...

"Think of all the independent beer and wine stores that would be driven out of business if Giant, Safeway, CVS, 7-11 and gas stations were allowed to sell beer and wine."

This hits the nail on the head. I'm for reform, but there are negative consequences to what Dyer is suggesting and he doesn't address that fact at all.

Anonymous said...

OK, I just read the Yelp reviews. I should note that most were positive. However of the five complaints related beer, two were related to the high prices, one complaint was that they didn't clear/clean their taps enough, and, as @ 6:58 AM notes, only two were related to selection/availability of beer brands and types. And there are many positive comments related to the latter.

Anonymous said...

@ 7:37 AM - No one ever said "poor Barwood". Lame straw man. The discussion was about whether all car-for-hire services should be subject to the same regulations.

Anonymous said...

7:37 Yes Yelp reviews because the owner was complaining about online comments due to the lack of beer. No one is questioning him running out of beer, just how much it dings his reputation. And are you comparing some of our great independent beer and wine stores to Barwood?

Anonymous said...

7:56am do you frequent Tyber? Why should we doubt the owners?

Anonymous said...

The small independent stores will still have their unique advantages. They'll have expertise that a generic c-store doesn't offer.


Anonymous said...

It's also worth noting that the state and county restrictions on the number of licensed locations that any given licencee may hold, are a key reason why the Bethesda restaurant scene isn't overrun with depressing national chains such as Olive Garden or Red Lobster.

Robert Dyer said...

5:11: Hans Riemer.

Robert Dyer said...

5:56: That's not what I said at all. It's clear that virtually any change in County liquor policy involves state action. So you can't blame state law as an excuse not to allow grocery stores to carry Bud Light. The refusal to act on that is Hans Riemer's and the MoCo Machine's fault indeed.

Robert Dyer said...

6:01: They mean the same thing.

Anonymous said...

@ 10:49 AM - "Ask" is a verb, not a noun.

Anonymous said...

"virtually any change in County liquor policy involves state action. So you can't blame state law..."

Wut???

Robert Dyer said...

6:54: You're defending the County Council that has been crushing small business with its policies in recent years, and you're claiming *I'm* against small business?

Anonymous said...

"Ask" is a noun as well.
Please just Google the definition and move on.

Robert Dyer said...

7:50: Ride-sharing service is not taxi service. You can't regulate both industries under the same rules. But don't tell the MoCo political machine that.

Robert Dyer said...

10:53: If you can change these 2 other provisions, you can change grocery sale policy at the same time. They just don't want to.

Anonymous said...

"Ride-sharing service is not taxi service."

Ha ha... they're exactly the same. The only difference is the manner in which you hail them.

Steve D. said...

"Anonymous Anonymous said...
It's also worth noting that the state and county restrictions on the number of licensed locations that any given licencee may hold, are a key reason why the Bethesda restaurant scene isn't overrun with depressing national chains such as Olive Garden or Red Lobster.

9:23 AM"

Those chains don't generally dare to venture where real Italian and seafood restaurants exist.

Robert Dyer said...

6:37: There are more homeless in Montgomery County now than a year ago - and we still can't buy Bud Light at either store you mentioned. Meanwhile, I've never encountered the homeless exiting Virginia grocery and convenience stores. Hmm...

Robert Dyer said...

11:39: Nope. Who owns the Uber vehicles vs. who owns the Barwood cabs, for example? There are many differences in business and operational models.

Robert Dyer said...

7:38: The selection of beer I find in Virginia grocery stores is quite different from what is found at Capital Beer & Wine or Gilly's. And those latter stores have expert staff, and tasting events, unlike a grocery store. Those are 2 different retail categories.

Anonymous said...

ISIS takes Barwood just like the moco machine

Anonymous said...

"There are more homeless in Montgomery County now than a year ago - and we still can't buy Bud Light at either store you mentioned."

Dyer is a homeless person who is disappointed that he can't buy Bud Light at the 7-11 or the CVS?

Anonymous said...

@ 1:46 PM - Uber drivers are "independent contractors" who are responsible for their own vehicles. Barwood drivers are "independent contractors" who lease vehicles which Barwood owns. Many other taxi drivers own their own taxis. That doesn't change the definition of taxi driver.

The reason I put "independent contractor" in quotes is because California has determined that Uber drivers are in fact employees of Uber. Other jurisdictions are expected to follow. And the same could very easily happen to Barwood and their drivers as well.

Robert Dyer said...

2:13: No, but your claim that Bud Light being sold at CVS would result in homeless people at the store has been disproven. The Council has created enough homeless in its own.

Robert Dyer said...

2:44: It's not the case here yet, but that's just one aspect in which the two differ. I wouldn't want to follow California on much - they're so smart in government out there, they don't even have any water anymore.

Anonymous said...

It's true. Homeless population is up in MoCo. A lot of families on hard times too, not just the "hobo" stereotype that anonymous mentions.

Anonymous said...

The homeless don't waste their precious earnings on bud light. The alcohol to cent ratio is way to low.

Anonymous said...

"I wouldn't want to follow California on much - they're so smart in government out there, they don't even have any water anymore."

The California state government caused the drought? Wut???

Anonymous said...

"The alcohol to cent ratio is way to low."

Now there is a man after my heart. Kamchatka and Aristocrat is where it's at. Far more "alcohol to cents" than even malt liquor or bumwines.

Robert Dyer said...

3:59: It's probably more accurate to say it's what California's government *didn't* do that caused the drought.

Anonymous said...

Dyer does not seem to understand what the word "drought" means.

Robert Dyer said...

6:16: "Dyer" not only knows what it means, but also knows that bad management of water resources leads to the current predicament in California. Maybe you'd like Jerry Brown to be hired to run Metro and MCPS next?

Anonymous said...

The word "drought" refers strictly to weather. Why don't you just admit that you made a mistake?

Robert Dyer said...

7:17: Because it is man-made. If it was "strictly weather," there would be a drought and water shortage in many other nearby states.

Anonymous said...

"Droughts" are never man-made. Why don't you just admit that you made a mistake, that you used the wrong word?

The entire Pacific Coast and adjacent states are in drought.

Anonymous said...
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Anonymous said...

Trump/Dyer 2016!

Anonymous said...

I just want to weigh in to yesterday's AM comments on Tyber Bierhaus. Their service and atmosphere are, indeed, terrible. Not having certain beers is the least of my worries whenever I visit (in fact, I never notice a beer problem...yes, they're frequently out of something, but they have a good enough selection that I can always find a good alternative). But...getting someone to serve it to me (and show a modicum of respect when they do) is usually a struggle.

Not related to the thrust of the article, I know. Generally I think the DLC should be dismantled. And to 6:37am's homeless winos comment... I walked past three today on my way to the Metro, so... Will that number increase? Or...?

Robert Dyer said...

9:41: So why is California out of water and having to have severe restrictions, and we're not hearing about that in the other states? They mismanaged their water resources.

Robert Dyer said...

4:43: I doubt Trump would want someone on his ticket with my position on immigration, which is to the left of President Obama.

Peter said...

Really the most logical way to deal with this will just be to rewrite the code at the State Legislative level and therefore make the beer/liquor distribution laws uniform within Maryland.

It did not seem to be mentioned elsewhere in the comments, but the obligatory history lesson/reminder, is that the Amendment repealing Prohibition left it to the individual states on how to regulate. See https://en.wikipedia.org/wiki/Local_option; and the https://en.wikipedia.org/wiki/Alcoholic_beverage_control_state is a good further general source.

Y'all know if course that Virginia runs into this discussion all the time, right?