Peeling Back the Dusty Curtain of Mass. Beer Distribution Law The Senate has adopted a measure that would form a "special commission" to look at reforming current practices. A last minute legislative effort to make it easier for Massachusetts brewers to more easily switch between distributors was adopted by the Senate Thursday evening – forward progress in the enduring power struggle between the two opposing sides, but still not without its hurdles toward being signed by Governor Charlie Baker. These laws ... haven't caught up with the state's current craft brewery scene. The measure, filed by state Senator Barbara L'Italien, hoped to repeal the state's beer "franchise" law, which effectively locks brewers into a contract with a distributor after six months in business. As it stands, the only way to leave such a partnership is for a brewer to prove its distributor is failing to "exercise best efforts" or otherwise actively harming their business – both of which can be difficult, and expensive, to do.

Many Massachusetts brewers have described the relationship like being locked in a marriage without the possibility to divorce. On Thursday, L'Italien instead attached an altered amendment to Baker's economic development bill, (called "An Act Relative to Job Creation, Workforce Development and Infrastructure Investment"), which deals with a host of other state issues and investments. Amendment 128, "Ensuring Fairness for Brewer Distributor Relationships," called for "a special commission to examine contractual relationships" between breweries and distributors and recommends "a legislative solution to address existing and future contracts under the current state of the marketplace, including the addition of more than 100 craft breweries in the commonwealth" since the enactment of the current law. The study shall include, but not be limited to, an examination of: (i) the current relationship between licensed manufacturers and distributors in the commonwealth; (ii) the enforceability of contracts between licensed manufacturers and distributors in the commonwealth;

(iii) the change in the ratio of licensed manufacturers to licensed distributors since enactment of said section 25E of said chapter 138; (iv) current and future consumer interests; and (v) the approach of other states to governing the relationships between manufacturers and distributors.Tire Shop For Sale In San Diego This so-called special commission has until Dec. 31 to come to a mutual agreement, reports Dan Adams of the Globe. Short Sweetheart Corset Prom DressOtherwise, state senators would reintroduce a bill. Raw Vibes T Shirt"“If they can’t figure it out, we’ll figure it out for them," a Senate staffer told Adams. "With a big bill like these there are always different versions between the House and Senate, so the next step is that the amendment must be adopted during Conference Committee deliberations," Rob McGovern, an attorney specializing in the alcoholic beverage industry, told me.

"The conference committee is comprised of three House members and three Senate members who will hash out the differences between the House and Senate versions of the economic bill, and can really draft a totally different bill if the want." McGovern doesn't think that will happen. "If the Distributor Commission language comes out of the conference committee's version, then it's looking good," he said. From there it will go to Governor Baker's desk for signature or veto. Baker's, for his part, has been a proponent of liquor law reform. So it seems unlikely he would be anything but supportive should this get to his desk. "We think it is a good piece of legislation and we look forward to working with our wholesale partners on a resolution of our differences," said Rob Martin, president of the Massachusetts Brewers Guild. "With the leadership of the legislature, I believe we can have meaningful reform." Bill Kelley, president of the Beer Distributors of Massachusetts, wasn't as optimistic at the news of L'Italien's initial proposal.

“This is a last-minute, back-door attempt to force a more extreme version of a long-rejected bill into law,” Kelley said in a statement Wednesday. “This amendment hurts locally-owned family businesses, hurts working families, and uses an approach completely lacking in transparency, openness, and public deliberation.” Regardless, it's not the distributors who are going to push for reform here. If a compromise is going to be reached, it seems clear it will take the influence of a task force or some outside legislative body to push it through. And while the commission would, ultimately, just be coming up with a recommendation to legislators of what, if anything, should be changed, it would be shining a bright light on practices many in the industry feel are antiquated, serpentine and in desperate need of reform. "There appears to be a growing sentiment within the Legislature and Administration to look at these laws," said McGovern "because they haven't caught up with the state's current craft brewery scene."

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