[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 285 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. RES. 285

Recognizing over 85 years of successful State-based alcohol regulation 
 since the creation of an effective system of independent beer, wine, 
                       and spirits distribution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2019

    Mr. Kilmer (for himself and Mr. Duffy) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Recognizing over 85 years of successful State-based alcohol regulation 
 since the creation of an effective system of independent beer, wine, 
                       and spirits distribution.

Whereas Federal and State regulation of the licensed alcohol beverage industry 
        has effectively balanced competition with control, while maintaining an 
        orderly, transparent, and accountable market, and has moderated the 
        responsible sale and consumption of alcohol, while promoting consumer 
        choice and variety;
Whereas regulated commerce of alcohol beverages annually contributes $136 
        billion in Federal and State tax revenues as well as $682 billion to the 
        United States economy, and further supports the employment of 4.7 
        million people in the United States in more than 25,000 permitted 
        breweries, distilleries, wineries, more than 20,000 wholesale 
        distributor facilities, more than 640,000 retail outlets, and numerous 
        agricultural, construction, manufacturing, transportation, and service 
        industry businesses;
Whereas prior to the passage of the 18th Amendment to the Constitution 
        (Prohibition), which prohibited ``the manufacture, sale, or 
        transportation of intoxicating liquors'', the lack of sufficient 
        regulation led to widespread abuses of alcohol distribution and 
        consumption to the detriment of the public health, welfare, and safety;
Whereas after its passage, a dramatic increase in illegal activity occurred, 
        including unsafe black market alcohol production, a growth in violent 
        organized crime, and increased noncompliance with alcohol laws;
Whereas, in 1933, the 72d Congress submitted to the States the question of 
        repealing the 18th Amendment and requiring the transportation or 
        importation of alcohol beverages for delivery or use in any State to be 
        carried out in compliance with the laws of that State;
Whereas Congress has consistently recognized and respected the primary authority 
        of States to regulate alcohol in order to promote orderly, safe, and 
        stable markets, efficient tax collection, and temperance, as evidenced 
        by and through passage of the Webb-Kenyon Act, creating an exception to 
        the Commerce Clause and empowering States to regulate the importation 
        and sale of alcohol beverages within their own borders (originally 
        enacted in 1913; 27 U.S.C. 122), the Federal Alcohol Administration Act 
        (27 U.S.C. 201 et seq.), the 21st Amendment Enforcement Act (27 U.S.C. 
        122a), and the Sober Truth on Preventing Underage Drinking Act (Public 
        Law 109-422; 120 Stat. 2890);
Whereas, for decades, the legislatures and alcohol beverage control agencies of 
        the 50 States have exercised their primary authority under the 21st 
        Amendment to ensure the creation and maintenance of State-based 
        regulatory systems for alcohol distribution, promote accountability and 
        responsibility by licensing local vendors of alcohol, prevent the 
        vertical integration of the alcohol industry, and maintain the integrity 
        of a three-tier system made up of producers, importers, wholesale 
        distributors, and retailers;
Whereas unlike other nations, the development of a transparent, efficient, and 
        accountable United States system for the distribution and sale of 
        alcohol beverages, temperance in consumption and sales practices, 
        efficient tax collection, and other essential public health and safety 
        policies have been successfully guided by the collective experience and 
        cooperation of government agencies and licensed industry members 
        throughout the geographically and culturally diverse Nation;
Whereas the State-based system of alcohol regulation and a system of independent 
        distribution have resulted in reducing barriers to market and providing 
        unprecedented choice, variety, and selection for consumers; and
Whereas members of the licensed alcohol beverage industry have created, funded, 
        and supported a wide range of national, State, and community programs to 
        address problems associated with alcohol abuse, including drunk driving 
        and underage drinking: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) acknowledges over 85 years of effective State-based 
        alcohol regulation since the passage of the 21st Amendment to 
        the Constitution;
            (2) commends State lawmakers, regulators, law enforcement 
        officers, the public health community, and industry members for 
        achieving a workable, legal, and successful system for the 
        distribution and sale of alcoholic beverages;
            (3) recognizes that an independent distribution system 
        helps facilitate an orderly marketplace for alcohol that 
        provides unprecedented choice and variety, aids in the 
        efficient collection of taxes, protects consumers and the 
        public, and works to balance robust competition and appropriate 
        control; and
            (4) reaffirms the continued support of Congress for 
        policies that allow States to effectively regulate alcohol.
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