Monday, September 12, 2011

No Krogering for Beer in Memphis?

A few days ago according to a reliable source, Memphis police visited a Kroger store and told the store to stop selling beer because some of the employees did not have Memphis employee cards. Memphis police were reported as advising Kroger that beer sales should be halted in any Memphis store where employees lacked the Memphis employee card.

We blogged about the card last month. Every employee that touches beer in Memphis must have a card, unless they have an ABC server permit card. The card costs $50 and requires a TBI background check.

We wondered if Memphis police would enforce the requirement. The Kroger raid shows that Memphis is serious.

The raid has drawn attention from several large retail chains concerned about compliance with the law. Reliable sources report that the Mayor of Memphis unofficially asked the police chief to stop enforcing the law for the next 30 days, presumably to allow retailers time to come into compliance.

Several industry members are using the unofficial moratorium to advocate against the law, hoping to repeal or simplify the employee registration requirement. We see the law as an expensive and burdensome requirement that does little to prevent sales to minors, or promote other legitimate regulatory concerns.

The employee card requirement also appears to exceed the city's power to regulate beer, making it illegal.

We encourage retailers and Memphis wholesalers to speak up quickly to help bring balance to the debate.

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