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| A Sense of Control under the Big Sky ~ | - Complimentary Feature - | |||||
| There have been no calls for privatization in Montana for 12 years, according to Shauna Helfert, administrator of the state’s Liquor Control Division, which is part of Montana’s Department of Revenue. By Cheryl Ursin |
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“Converting the state stores to agencies in 1995 took a lot of the heat off,” she explained. “It created a balanced system. There’s some private business and some state government.” The agencies are privately owned stores, with nice facilities, which offer a range of services to consumers wishing to purchase beverage alcohol, while the state controls the number of agencies and licensees, based on population, sets the minimum prices at which spirits can be sold and is the sole distributor of spirits in the state.
“The balance is: We make liquor available to adults who wish to drink responsibly while we work to discourage abuse,” said Helfert. The Liquor Licensing Bureau, employing eight and headed up by Jason Wood, manager, processes liquor license applications, renewals, transfers and registrations. In fiscal year 2006, the Liquor Licensing Bureau issued 4,388 licenses, registrations and permits. The Liquor Control Division’s offices are housed on the second floor of its 100,000-square-foot warehouse in Helena.
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| Extensive Product Warehoused | ||||||
On any given day, there is about $8 million worth of product in the division’s warehouse, virtually all of that in bailment. The Liquor Control Division offers 869 listed products and 1,500 specialorder products. There are 869 listed products because there are 869 “locator slots” in the warehouse. “They are determined by sales. We run a report, the top 869 are what’s regularly listed,” explained Helfert.
Listed products are in the front of the division’s price book, which is published quarterly and sent to all agents and licensees in the state. Special order products are listed in the back, with the latest price available at the time of publication. “When [the licensees and agents] go to order, the price may be different, but publishing the latest one gives them a gauge,” explained Helfert. Basing the state’s listed products purely on sales is, Helfert pointed out, another example of the state’s balanced approach. “We want consumers to be able to obtain the products they want and are interested in,” she said, “so we, the state, don’t determine what is listed.
In order to give Montana consumers access to the newest spirit products, the division has another category: the promotional product. “To provide our customers with new products in an efficient manner, we allow a supplier with a new product to request a spot for it in the state warehouse. They can bring it in, and we will have a place for it in the warehouse for six months, with the agreement that if it doesn’t sell within that trial period, they will remove it from our warehouse,” said Helfert. “That way, when an agency or a licensee would like to try a new product that suppliers are promoting, it will not take them six weeks to get it.”
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| Liquor Pricing | ||||||
The state of Montana sets the price at which liquor can be sold. The “posted price” is the cost of the alcohol from the vendor plus a freight charge of $1.25 per case, plus a 40% mark-up, plus 26% for licensing and excise taxes. Agencies buy their product from the state for the posted price minus their commission, which is generally in the range of 8% to 10%.
In areas with populations of less than 3,000, agents automatically get a 10% commission. In areas with populations of over 3,000, applicants for an agency contract bid for the business. The qualified applicant with the lowest bid gets the contract. Agents must sell to the general public for at least the posted price. However, they are free to sell for more than the posted price to the public, if they desire. “They can mark it up to whatever the market will bear,” said Helfert.
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| Contract Reassignments | ||||||
Mickey Carlson, the Division’s agency liquor store specialist, is responsible for customer service to the agencies. She is in contact with the agencies throughout the state on an almost daily basis, usually by phone but sometimes by in-person visit. “Our agents are professional business people who want to do the right thing,” said Helfert. Indeed, she joked, “They police each other more than we ever police them,” reporting if another agent is selling for below the posted price on any item. “Usually, it’s just a situtation where they don’t realize that the case cost went up,” said Helfert. The number of on-premise licenses in the state of Montana, like the number of agencies, is based on population figures. And because existing businesses were grandfathered in when the quota system was established in 1947, many communities are still over the number of licenses that they would be allowed if the grandfathered ones did not exist. As with agency contracts, a licensee can sell his or her license, provided the buyer is approved by the licensing bureau. And one license in particular, the all-beverage license, which allows the sale of beer, wine and liquor, for both on- and off-premise consumption, and also allows gambling, is very valuable. One all-beverage license in Billings was recently sold for $1 million. “These are very valuable pieces of paper,” said Helfert. As with the sale of agency contracts, the sale of a license is a private transaction between buyer and seller. The buyer must pass a background investigation, handled by the state’s Department of Justice, and a financial audit. An individual can only own one all-beverage license. It takes about 100 days for a change in the ownership of a license to be processed. Restaurants that do not offer gambling have what are called “cabaret licenses,” which allow the sale of beer and wine for onpremise consumption. Recently, the state legislature approved a bill, sponsored by State Senator Dan Weinberg, a Democrat from Whitefish, that increases the number of these licenses. The change is going into effect this month. |
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| Training Programs | ||||||
“They are taught by people who actually live in the community, rather than by having the State of Montana coming in, which could be seen as heavy-handed,” said Helfert. Since 2000, more than half the state’s licensees and agents have taken advantage of the program. “Some off-premise stores, such as convenience stores, may send a new employee every single month, because of their turnover,” said Helfert. The Montana Liquor Control Division has created other educational programs, including one that focuses on adults who provide alcohol to underage youth. “We are pointing out that 65% of underage drinkers get their alcohol from families and friends,” said Helfert. The division provides licensees and agents with handouts, counter displays, posters, bottle neckers and liquor bags with messages on them. The Montana system strives to make available, to responsible adults, the beverage-alcohol products they want, while protecting against “the ever-present risks and costs to the individual and the community of alcohol abuse,” according to the Liquor Enterprise Fund Annual Financial Report for 2006. “We have a good balance here,” concluded Helfert. | ||||||
| History of Montana Dept. of Revenue’s Liquor Control Division | ||||||
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1933-After Repeal, Montana’s State Board of Examiners found the Montana Liquor Control Board. It is modeled after the control system in Alberta, Canada.
1935-Montana counts 115 state stores. 1937-Liquor by-the-drink is legalized. 1947-A quota system, based on population, is established to determine the number of liquor licenses issued in the state. 1965-Montana’s state stores become self-service. 1973-The Liquor Control Board is abolished and its functions became the responsibility of the state’s Department of Revenue. 1995-Montana’s state stores are converted to privately owned agencies. 2000-Montana establishes its server training program “Let’s Control It.” 2005-Liquor licensing and liquor distribution, which had been separate areas within the Department of Revenue, are reorganized into one Liquor Control Division. 2006-The Liquor Control Division generates $24.7 million in taxes and profits. Gross liquor sales increased 10.87% over 2005. 2007-The State Legislature approved an increase that basically doubles the number of “cabaret” liquor licenses, which allow restaurants to sell wine and beer but do not include the ability to offer gambling | ||||||
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