Tag Archives: Adam Pagnucco

alcohol, Montgomery County

MoCo Consumers Flee from the Department of Liquor Control

Today, I am pleased to present a guest post from Adam Pagnucco:

Last week, Montgomery County Council Member Hans Riemer wrote a guest blog on the reasons why county residents opposed the county’s alcohol system in a recent poll by Comptroller Peter Franchot. Council Member Riemer wrote:

While the poll does show the general dissatisfaction with the alcohol regime our residents endure, it unfortunately does not specify which parts of the regime are the culprit, state or local. In my many conversations with residents, I find that the primary complaint relates to the state of Maryland’s unfortunate ban on the sale of beer and wine in grocery stores.

This is important because if the council’s plan is enacted, the county liquor stores survive and actually increase in number in order to increase consumer options and pay for reform. We need them. Considering that, I would ask how important is it to residents to replace county liquor stores with private ones? While I am sure that there is some support for that, it is not clear to me that it is a very high priority for the community. I don’t hear a lot of complaints that we have county stores. Mostly just that there aren’t enough of them. What about you?

In fact, there is overwhelming evidence that MoCo consumers are fleeing the county’s alcohol monopoly and it has nothing to do with the availability of alcohol in grocery stores. Consider the following.

  1. Sales of alcohol are low in MoCo.

Data from Gallup and the U.S. Department of Health and Human Services link alcohol consumption to income and education. In other words, as income and education levels rise, alcohol consumption tends to rise too. Since MoCo is one of Maryland’s highest-income and best-educated jurisdictions, the county should be one of its leaders in alcohol consumption. However, that is not reflected in per capita sales data collected by the Comptroller’s office. In terms of per capita sales deliveries to retail licensees inside each county, MoCo ranks 13th of 24 jurisdictions in wine, tied for 23rd in spirits and dead last (by far) in beer. Among the counties out-ranking MoCo in per capita wine sales are Calvert, Carroll, Cecil, Garrett, Harford and Kent, all mostly rural jurisdictions with far less disposable income than MoCo. Does anyone believe that MoCo residents drink less wine than people in Western Maryland? Grocery stores cannot explain this discrepancy because the huge majority of counties in Maryland have restrictions on grocery store sales of alcohol. As Comptroller Peter Franchot has said, MoCo residents simply cross the border to buy liquor.

  1. MoCo residents flee the county to go to Total Wine.

Total Wine, which is headquartered in MoCo and owned by MoCo residents, is one of the nation’s largest alcohol retailers and is famous for its big stores, huge selection and low prices. The company refuses to open a store in MoCo because the county’s alcohol monopoly “doesn’t favor the free market.” But Total Wine has plenty of MoCo residents among its customers. The company estimates that over 20% of its McLean store sales and nearly 25% of its Laurel store sales are accounted for by MoCo customers. David Lublin’s price comparison explains why: Total Wine blows away county liquor stores on both price and selection. Other jurisdictions gain at our expense.

  1. The Department of Liquor Control’s own consultant found major problems in its operations.

A consultant hired by the Department of Liquor Control (DLC) found a host of problems in county liquor stores. Here are three from the consultant’s 2014 report.

Lack of administrative flexibility – Unlike most County functions, DLC operates in a wholesale/retail sales environment. In many instances, it lacks the flexibility and ability to respond quickly, which is necessary for it to best serve its customers and do so profitably. This lack of control over key decisions also manifests itself in other identified weaknesses.

Staffing – The DLC often lacks the ability to apply normal staffing techniques found in private retail. For example, there are generally two peak seasons for liquor retail operations: the Winter Holiday season and Summer Fourth of July season. Most DLC stores would, for comparison purposes, be similar to an independent liquor retail store (as opposed to a ‘Big Box’ chain store or grocery store). In these establishments, it would be likely that rather than adding permanent full-time staff to handle these peak seasons, the business would hire temporary staff. However, because of County collective bargaining agreements, they generally do not have this flexibility, which either leads to staffing shortages (which can negatively impact sales) or a working environment for existing staff that hampers morale and productivity.

Older stores/locations/rental contracts – In several instances, stores are in obvious need of basic repairs or refurbishment – including scarred floors and counters, old racks, lighting and entrances. Given that the DLC leases all of its locations, in many instances it has little leverage to demand improvements prior to the end of the lease.

Lack of flexibility, staff shortages and sub-standard stores. Is this what MoCo consumers deserve?

  1. D.C. liquor stores camp out at our border.

The graphic below shows seven liquor stores in D.C. within four blocks of the MoCo border. If MoCo consumers were happy with the county’s alcohol system, why would this be happening?

DC liquor stores

  1. The only county liquor store with true competition is losing money and will close.

Most county liquor stores are insulated from competition because they are the only suppliers of spirits in their vicinity. The one exception is the store in Friendship Heights, which is adjacent to the D.C. border. Since the surrounding area is affluent and wealthy people often buy up-scale beverages, one would expect this store to be a strong money maker. But the store lost $278,431 in 2013 – the only county liquor store that lost money – and will soon close. It’s not a coincidence that D.C.’s Paul’s Wine and Spirits is just three blocks away. The county’s decision to close this store is an admission that its stores can’t compete with the private sector. And if that’s the case, why should they be protected by a state-ordered monopoly?

MoCo’s alcohol monopoly and its accompanying fleet of county liquor stores are unacceptable to county consumers and that was clear long before this blog released the Comptroller’s poll results on the subject. So what is the county doing about that? Why, it’s opening more county liquor stores. That’s like promising Kirk Cousins more playing time with every interception he throws.

Look folks. Our system’s premise is that MoCo residents are children, inferior to our fellows in the rest of the region, and that we must be controlled by the heavy hand of government for our own good. Well, guess what? We’re not children and we know what we want: the same freedom of choice that everyone else in the region has. We don’t want excuses. We don’t want tweaks. We don’t want vague promises of improvement.

We want to End the Monopoly.

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Montgomery County

MoCo Voters are Less Liberal Than You Think

Today, I am pleased to present a guest blog by Adam Pagnucco:

Montgomery County is the home of Maryland progressivism. It was the first county in the state to ban smoking in restaurants, enact a living wage law, pass a bag fee, ban private use of pesticides, create a local Earned Income Tax Credit and protect transgender residents from discrimination. It has the biggest county budget of any jurisdiction and has the largest Health and Human Services budget BY FAR. Every single state and county-level elected official is a Democrat and almost all of them are strong progressives. So this must all be supported by an overwhelmingly liberal voting base, right?

Not exactly.

MoCo’s political system is underwritten by three things. First, it has closed primaries that are limited to party members. Unaffiliated voters can only vote for non-partisan offices (like school board seats) in primaries. Second, because the county is so heavily tied to the federal government, the Republican Party is tainted by its association with the tea party, right-wing demagogues, government shutdowns, debt limit crises and the sequester. This is a huge burden on the county’s GOP. Third, turnout in the primaries is low and falling. A grand total of 42,692 Democrats voted in every one of the last three gubernatorial primaries (2006, 2010 and 2014), which determine the election of the County Executive, County Council, State Senators and Delegates. That’s just four percent of the population. These folks get swamped by election-time mail and email and the county leaders owe their election to them.

These three factors have together produced a closed political system that is accessible only to Democrats, and very liberal Democrats at that. But the general electorate is much more diverse. Over the last three gubernatorial cycles, non-Democrats accounted for roughly 40% of the county’s general election turnout. And the Democrats are not necessarily all liberals. Council Member Phil Andrews ran for County Executive last year on an unabashed anti-tax, anti-union platform. In the summer of 2013, he was polling in the mid-teens among Democrats. In the 2014 Democratic primary, he received 22% of the vote. The fact that more than a fifth of primary Democrats embraced an anti-tax, anti-union candidate should give progressives pause.

But the real evidence for the sentiments of the voters comes from how they vote on ballot questions and charter amendments. These questions are decided in the general elections, not the primaries, and voters outside the Democratic four percent get to play. Consider the last three important county-level questions.

The Ficker Amendment, 2008

Former basketball heckler and perennial right-wing candidate Robin Ficker placed a charter amendment on the ballot that required all nine County Council Members to approve any property tax increase that would exceed the rate of inflation. Similar amendments had failed in the past. The County Executive, the entire County Council and a large progressive coalition spearheaded by labor opposed it. But the same general electorate that gave 72% of its vote to Barack Obama for President also approved the Ficker Amendment by a 51-49 margin.

The Ambulance Fee, 2010

The ambulance fee, which was intended to be paid by insurance companies to supplement the county’s Fire and Rescue budget, was a top priority of the County Executive and the county employee unions and it was passed by the Democratic County Council. It was opposed by the Volunteer Fire Fighters, Council Member Phil Andrews and the Republican Party and was petitioned to the ballot. The reasons for opposition differed; the volunteers worried that the fee would deter people in need from calling ambulances, while others simply opposed a new government fee. The Executive and the unions campaigned hard to pass it. The general electorate rejected the fee by a 54-46 margin.

Police Effects Bargaining, 2012

The politics of this one were a bit murky. The Democratic County Council unanimously passed a bill repealing the right of the police union to bargain over the effects of management decisions and the Executive supported it. Both the Democratic and Republican parties also supported the legislation. But labor vehemently opposed it and responded by picketing county Democratic Party events and eventually taking over part of its Central Committee. This was a big test for labor’s power in the county and the police union and its allies went all out to defeat the legislation. The general electorate upheld it by a 58-42 margin.

In every case, when general election voters were asked to weigh in, they chose what was arguably the less progressive position. And in every case, they went against the position of the county government employee unions.

The county is not a monolith. It’s a big jurisdiction with more than a million people and its various sub-components have different political leanings. For example, Takoma Park is famous for its liberalism, but Damascus leans towards the GOP. I totaled up the precinct results of all three ballot questions for each city and town in the county to determine which ones went for the more progressive positions (no on the Ficker Amendment and the police legislation, yes on the ambulance fee) and which ones did not. Here are the results.

Ballot Voting

Not a single part of the county adopted the more progressive position all three times. Only two areas – Cabin John and Takoma Park – sided with the more progressive position twice (opposing the Ficker Amendment and supporting the ambulance fee). Ten areas – Burtonsville, Darnestown, Derwood, Dickerson, Gaithersburg, Laytonsville, Montgomery Village, North Potomac, Olney and Sandy Spring – voted against the progressive position all three times. The referendum on effects bargaining was influenced by the fact that many police officers live in Upcounty areas like Clarksburg, Damascus, Germantown and Poolesville. Many presumably liberal areas in Downcounty favored reducing the bargaining rights of the police union. Bethesda, Cabin John, Chevy Chase, Leisure World and Potomac went against labor by two-to-one or more. Even Takoma Park voted against labor by 58-42%. Here’s an interesting fact: in these three instances, the only time the general electorate agreed with the Democratic County Executive and a majority of the Democratic County Council was when they wanted to reduce public employee bargaining rights. Is that truly a liberal voter base?

So the politics of county voters are considerably more diverse than their progressive elected leaders. What does that mean? It’s highly unlikely that the Democrats will be removed from power. The county’s Republicans are too weak, too underfunded and in many instances too conservative to pick up more than a seat or two (if that). And there is no other organized political movement to take on the Democrats. The real danger is that the business community, conservatives and single-issue groups will seize the voter tools available to them – charter amendments and ballot questions – and begin overturning progressive legislation and limiting the authority of county government on a strategic basis. Given the past history of the general electorate and depending on the issue, they just might succeed.

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alcohol, MCGEO, Montgomery County

Adam Replies to Gino on Liquor Control, Part III

Guest Blogger Adam Pagnucco replies to MCGEO’s Gino Renne

My reply to MCGEO President Gino Renne’s response to my post on the county’s Department of Liquor Control (DLC) concludes.

  1. The union says that if DLC were eliminated, union jobs would be replaced by non-union jobs.

MCGEO: “Mr. Pagnucco claims that privatization would not result in the loss of high paying union jobs. This is his most egregious of claims, especially for a former union employee. Where’s the evidence that ‘many private wholesalers’ are represented by IBT? Or even evidence that union membership will not suffer a net loss? Mr. Pagnucco needs to explain himself on this one.”

I’m happy to do so. As MCGEO states, I am a former union employee. I spent sixteen years working as a strategic researcher on organizing campaigns in the building trades. When President Renne writes, “It’s extremely difficult to organize a union in your workplace these days,” he’s absolutely correct. I have seen the extreme tactics that some employers use to keep their workers from unionizing. If I thought that the only alternative to DLC was a group of exclusively non-union employers, I would have misgivings about that.

Fortunately, that is not the case here. The International Brotherhood of Teamsters has been organizing beverage manufacturers and distributors for more than a century and has a Brewery and Soft Drink Conference to represent their workers. The union is also active in our local area. Washington Wholesale LLC, a distributor in D.C., is organized by Teamsters Local 639. Republic National Distributing Company, the second-largest distributor in the nation, is organized in Maryland by Teamsters Local 355. Reliable Churchill LLLP, the largest distributor in Maryland, is organized by Teamsters Local 570. If DLC loses market share to the private sector, it’s likely that unionized firms like these will pick up at least part of it.

This is deeply troubling to President Renne because non-union workers and Teamsters members have one thing in common: neither group pays dues to MCGEO. And that’s the real issue here.

So here’s a question for President Renne: what would happen if private distributors were allowed to compete with DLC? Restaurants and retailers who are happy with DLC could stay with them. Those who are unhappy could buy from the private sector. If DLC has lower prices as MCGEO claims and if their customer service is improving, they should hold on to most of their market share. If not, why should they be protected by a state-mandated monopoly? What do you say, President Renne? Can your members compete with the Teamsters?

  1. The union defends the County Council’s proposed “do-nothing fee” for DLC.

MCGEO: “The ‘fee’ Mr. Pagnucco complains about is paid by the distributor to allow for its participation in the Montgomery County market. Its structure has not yet been determined, just that there will be a fee.”

A quick briefer on the do-nothing fee. DLC has many commonly consumed beverages in its regular stock, but it often has trouble filling orders for specialty items it does not usually carry. These are known as special orders. Here’s a typical complaint:

Mike Hill, general manager of Adega Wine Cellars & Café in Silver Spring, said they have problems getting specialty wines and craft beer.

“If we like a beer or wine and we want to bring that into our store, the turnaround time can be eight days if we’re lucky or two to three months to not at all in some cases,” Hill said.

The County Council has recommended that restaurants and retailers be allowed to go directly to private distributors for special orders, but there are two big caveats. First, DLC determines what is in its regular stock and what is a special order. Second, the council wants to allow DLC to collect a fee on any direct sale by a distributor to “replace DLC estimated revenue lost by allowing the sale of special order beer and wines by private wholesalers.”

DLC loves this because it will get paid without having to do any work. Distributors aren’t so crazy about it. They would have to incur the costs of direct delivery to customers (of shipments that in some cases would be very small) and pay the extra fee on top to DLC because… well, the county just wants the money. Multiple distributors predicted in a hearing before the council that the economics would prevent them from participating in such a “reform.”

But the attitude behind the do-nothing fee is itself even worse. Whoever came up with this idea must believe that our county is soooooo much better than all of our neighbors that we can get away with imposing ridiculous impediments to doing business that no one else in our area would dare to do. Well guess what, folks? Residents and businesses have options. MoCo is a great place to live, shop and work, but so are the District, Frederick, Howard, Northern Virginia and most places near here. If you put enough measures in place to punish employers and consumers, they can and will go elsewhere. That’s the problem with the do-nothing fee and, indeed, DLC itself.

Comptroller Peter Franchot, the state’s top enforcer of alcohol laws and a MoCo resident, says of DLC, “Montgomery County is the last bastion of a medieval state system where the county, if you can believe it, sells all the spirits, alcohol, and we’re not just talking retail, we’re talking wholesale… This is a system that is incredibly slanted against the consumer and the ordinary citizen.”

He’s right. Why are we putting up with this? No one else in the Washington metro area has to deal with anything like this. We are the only ones.

It’s time for a revolt. It’s time to End the Monopoly.

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alcohol, MCGEO, Montgomery County

Adam Replies to Gino on Liquor Control, Part II

Guest Blogger Adam Pagnucco replies to MCGEO’s Gino Renne

My reply to MCGEO President Gino Renne’s response to my post on the county’s Department of Liquor Control (DLC) continues.

  1. The union claims that state monopolies on alcohol sales enhance public safety.

MCGEO: “Dr. Roland Zullo, a research scientist at the University of Michigan, examined the impact of state ownership of retail alcohol distribution on 23 different crimes grouped in six categories. Dr. Zullo finds that state control of retail alcohol distribution is associated with statistically significant reductions in crimes that have been linked to alcohol consumption, including domestic abuse, assault, and fraud. Control states also had lower rates for vehicle theft and vandalism (using a slightly lower threshold for statistical significance, the 10% rather than the 5% level).”

Guess what? This “research” was financed in part by DLC. That’s right, the study MCGEO is citing is an unpublished, non-peer-reviewed working paper paid for by the National Alcohol Beverage Control Association (NABCA), a trade group of government alcohol merchants. George Griffin, DLC’s Executive Director, is a former President of NABCA and a current member of its board. The organization’s budget is partially financed by dues payments from its members, one of whom is DLC. NABCA is fighting efforts to end government alcohol monopolies and was greatly dismayed when Washington state voters got rid of their state monopoly in 2011. So NABCA paid for the working paper cited by MCGEO and it was completed a year and a half later.

For what it’s worth, the study found no statistically significant relationship between state control of alcohol sales and crime for 20 of the 23 measures it examined. Maybe NABCA needs to pay for a better study!

  1. The union opposes blogging(!)

Maybe this is beside the point, but it is too hilarious for me to resist.

MCGEO: “This [County Council DLC] resolution came after months of hearings, testimony and input from stakeholders. If you don’t like the way the process was playing out, Mr. Pagnucco, why didn’t you participate in it? Why are you using your friend’s blog to post your opinion without allowing for public input or participating in the public forum?”

So MCGEO regards blogging as an illegitimate way to participate in public discussions. Who knew? I have a long history of writing in favor of MCGEO’s positions and they have never before uttered a peep of protest. To the contrary; they republished two of my blogs on their website and used another on a handout. Their former Executive Director once asked me to write a piece supporting legislation the union wanted that would have allowed library workers to unionize, and since I favored the bill, I did. But in the one instance when I have publicly disagreed with them, I am told to cease my annoying prattling!

Do you think that MCGEO will resume its recognition of the value of blogging once I start agreeing with them again?

I will finish up tomorrow.

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MCGEO, Montgomery County

Adam’s Reply to Gino on Liquor Control, Part I

Guest Blogger Adam Pagnucco replies to MCGEO’s Gino Renne

Last week, MCGEO President Gino Renne, leader of the local union that represents most Montgomery County employees, responded to my post on the county’s Department of Liquor Control (DLC). President Renne has led MCGEO for more than twenty years and is an aggressive advocate for his members. I appreciate his taking the time to talk about DLC on Seventh State.

A few of his statements deserve examination. Let’s start with the one that is arguably most important to county consumers.

  1. The union claims DLC, an extra middle-man with an extra mark-up, actually has lower prices than our neighbors.

MCGEO: “Across all categories except special order beer, costs are 2-10 percent cheaper than neighboring jurisdictions.”

David Lublin put this argument to shame through his price comparison of DLC and Total Wine, which refuses to open a store in MoCo. Now let’s be fair: Total Wine not only blows away DLC, they beat almost everyone on price. How do they do it? The company explains:

We are committed to having the best wine selection with an emphasis on fine wines. This differentiates us from many retailers in the United States who specialize in one geographic area or price category. Our typical store carries more than 8,000 different wines from every wine-producing region in the world.

In addition to a world-class selection of fine wines, the typical Total Wine & More also carries more than 2,500 beers, from America‘s most popular beers to hard-to-find microbrews and imports, and more than 3,000 different spirits from every price range and category.

Total Wine & More is committed to having the lowest prices on wine, spirits and beer every day. Our tremendous buying power and special relationships with producers, importers, and wholesalers offers us considerable savings, which we pass on to our customers.

This business model is very difficult to implement with an extra middle-man interfering with the supply chain, especially one like DLC that is notorious for botching orders of specialty beer and wine. And so Total Wine will not open a store here even though its headquarters is in MoCo and its founders live here. MoCo customers are forced to drive long distances to access the company’s selection and low prices, and they do. Total Wine estimates that MoCo residents account for more than 20% of sales at its McLean, Virginia store and almost 25% of sales at its Laurel store.

But let’s set aside Total Wine for a moment and examine MCGEO’s assertion further. If DLC offers lower prices as they contend, that would be great news. Non-residents would be flocking into MoCo to get deals. We might even expect a proliferation of MoCo stores close to the county’s borders ready to lure non-residents in.

In fact, the opposite is true. There at least seven D.C. liquor stores within four blocks of the MoCo border. See the map below. The one DLC store near the border is in Friendship Heights and it is the only DLC store that is losing money. How is it possible for DLC to lose hundreds of thousands of dollars a year by selling alcohol to rich people? Perhaps one reason is that the District’s Paul’s Wine and Spirits is just three blocks away.

DC liquor stores

Alcohol sales data collected by the Maryland Comptroller’s office suggests substantial flight of customers away from MoCo. Both the U.S. Department of Health and Human Services and Gallup find positive correlations between alcohol consumption and education level, while Gallup finds an additional correlation with high incomes. Since MoCo is one of the highest-income and most-educated counties in the state, it should be a mecca for alcohol sales. But that is far from the truth. In terms of per capita sales deliveries to retail licensees inside each county, MoCo ranks 13th of 24 jurisdictions in wine, tied for 23rd in spirits and dead last (by far) in beer. Among the counties out-ranking MoCo in per capita wine sales are Calvert, Carroll, Cecil, Garrett, Harford and Kent, all mostly rural jurisdictions with far less disposable income than MoCo. Comptroller Peter Franchot, the principal enforcer of state alcohol laws and himself a MoCo resident, says of DLC, “Most people in Montgomery County go to Prince George’s, the District or Virginia to buy their alcohol because it’s such a disgrace.”

I will have more tomorrow.

 

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Montgomery County

MCGEO Responds to Pagnucco on Montgomery’s Liquor Control Regime

Gino Renne, President of UFCW Local 1994 MCGEO, Responds to Seventh State’s Guest Blogger Adam Pagnucco on Privatization of Montgomery County’s Department of Liquor Control:

Mr. Pagnucco opens his blog by stating that, “Few issues in county government have received more attention over the past two years than the operations of its Department of Liquor Control (DLC).” What a distraction! There are a lot of issues in Montgomery County’s Government that have received attention over the past two years, only one of which, the privatization of the DLC, seems to be receiving a lot of attention from the privileged elite in the County. Most of the County’s residents see far more pressing issues – the funding of the Purple Line, improving other parts of the County’s transportation infrastructure, increasing affordability of housing, and generally serving the needs of our county’s less-than-privileged with better wages, better economic opportunities and better public services. But since Mr. Pagnucco seems to think that we need to privatize DLC and claims that there are a bunch of “myths” surrounding DLC privatization, and he is using a one-sided platform to promote privatization rather than attend the Ad Hoc committees numerous public hearings and meetings, we’ll bite.

In his first false claim, Mr. Pagnucco claims that DLC’s operations increase costs for the consumer. Across all categories except special order beer, costs are 2-10 percent cheaper than neighboring jurisdictions. Many of the smaller retailers are against privatization primarily for the reason that DLC levels the playing field and keeps costs even.

Myth 1: Mr. Pagnucco claims that the County does not need DLC’s net income to function.

Actually, it does. Montgomery County, MD will owe $165,534,675 from 2015-2034 in debt service of revenue bonds that are currently paid through the revenues generated by the Montgomery County DLC. Additionally, the OLO report states that DLC has generated an average of $25.7 mill per year over past decade. That figure is nearly the entire Recreation Department or Library budget. Not chump change. The OLO report acknowledges potential lost revenue that will need to be made up through various fees, auctioning of licenses or a dedicated sales tax. However, the OLO report factors in no additional costs that would occur under a transition from county control to private enterprise. There would be leases to be paid, buyouts for early retirement, increased costs for enforcement and public health issues, etc.

While it’s easy to agree that the County will find a way to adjust, why should it? It has a guaranteed source of revenue that you propose the County throw away to make it easier for consumers to buy when there’s also no guarantee that consumption would increase. In Washington State, after privatization, sales only increased by 6% in its first year, while the next year data shows no increase. In addition, with increased prices, many consumers near the Oregon border are visiting liquor stores there to bypass the price increases. If privatization here were to follow the trends in Washington State, we’d definitely lose revenue to our neighboring jurisdictions.

Pennsylvania’s public liquor stores, which just beat back efforts to privatize, have reported a record boost in sales that are said to be due to improvements and modernization. A liquor board member said that people living in a border area are returning to shop in Pennsylvania stores because of the improvements.

A better solution is to keep the current public model in place with its fair prices and guaranteed revenue while expanding DLC stores. The resolution passed by the Council last week allows for this solution.

In Myth 2, Mr. Pagnucco claims that DLC monopoly isn’t needed for public safety, quoting decreased DUI and drunk driving arrests in newly privatized Washington State as evidence.

An official with an ALEC-connected think tank in Washington notes that this claim doesn’t really hold water. “Privatization didn’t improve the numbers necessarily but it didn’t make it any worse either.” A Washington state police spokesman adds, “I don’t think you can draw a correlation that because of private sales now we have fewer alcohol related arrests. The number of arrests is much more directly connected to the number of police officers out there actually patrolling.” The state police official notes that there are 80 fewer state troopers than previously, which has led to the decline in arrests. Couple that with legalization of marijuana in that same time period, one can draw the conclusion that arrests could have just as easily declined due to substitution of one drug of choice for another.

Tori Cooke, president of the Montgomery County FOP, testified that privatization would create public health and safety issues that are not easily addressed. And he and his fellow officers are against any efforts to privatize.

Dr. Roland Zullo, a research scientist at the University of Michigan, examined the impact of state ownership of retail alcohol distribution on 23 different crimes grouped in six categories. Dr. Zullo finds that state control of retail alcohol distribution is associated with statistically significant reductions in crimes that have been linked to alcohol consumption, including domestic abuse, assault, and fraud. Control states also had lower rates for vehicle theft and vandalism (using a slightly lower threshold for statistical significance, the 10% rather than the 5% level).

In Myth 3, Mr. Pagnucco claims that privatization would not result in the loss of high paying union jobs.

This is his most egregious of claims, especially for a former union employee. Where’s the evidence that “many private wholesalers” are represented by IBT? Or even evidence that union membership will not suffer a net loss? Mr. Pagnucco needs to explain himself on this one. I don’t know how he sees that transition occurring.

These are our members; it’s our job to protect them and to protect unions in general. It’s a public policy issue. There are societal costs. How much is it going to cost to put these people on the streets? Where are the high paying jobs that are family supporting and middle class sustaining going to come from for these 400 employees? I doubt we’ll see them at the mom and pop shops that could pop up if privatization were to occur. It’s extremely difficult to organize a union in your workplace these days. Although the NLRB is trying to speed up the process, the length of time from a certification election to a first contract can still take years. Union busters find many successful ways to stop a union campaign, as Mr. Pagnucco well knows.

DLC is able to provide good jobs with benefits while generating tens of millions to county coffers. Meanwhile, privatization will create minimum wage liquor clerk, warehouse and delivery jobs with little-to-no benefits that will exacerbate our economic inequality in this county. Sure, privatization could create union organizing opportunities, but no way it would create net gains in union membership.

In Myth 4, Mr. Pagnucco claims that the DLC is not getting better.

First and foremost, the fraud, waste and abuse in the private liquor industry is as rampant as it is in the public sector, if not more. But, because it’s private industry, it isn’t enforced or prosecuted very often or as publicly. In 2006, eight wholesalers in New York were ordered to pay $1.6 million in fines and costs for a “pay to play” scheme that favored larger retailers and provided discounts and inducements to those willing to pay. Meanwhile, smaller licensees were forced to cope. Under DLC’s structure, small licensees are given the same treatment as larger purchasers. With oversight, the DLC is forced to answer for its practices and it does. Private industry will not be given the same oversight.

Secondly, the DLC was hamstrung by technology purchases that were inappropriate for its needs and a hiring freeze, forcing customer service to suffer. Both of these were county mandates, not DLC-specific. It’s now been given the go ahead to hire and has made significant strides on that front. The ordering system is getting its revamp as well.

Yes, we agree that the system needs to be more nimble – it shouldn’t be forced to follow county-imposed hiring freezes and should be allowed to buy technology that specifically fits its needs, especially since it is a self-funded department.

In Myth 5, Mr. Pagnucco claims that the resolution to allow private wholesalers to fulfill sales of special order items is not “historic reform.”

We agree, it’s not “historic.” That’s hyperbole used for political purposes but it is a significant change for the department. Part of the change should make the DLC more nimble and part of the change should allow for expansion of the DLC’s store base. The “fee” Mr. Pagnucco complains about is paid by the distributor to allow for its participation in the Montgomery County market. Its structure has not yet been determined, just that there will be a fee.

Comparing the County DLC to the USSR’s failed perestroika? Really? I hope all readers realized that this is an absolutely absurd comparison. This resolution came after months of hearings, testimony and input from stakeholders. If you don’t like the way the process was playing out, Mr. Pagnucco, why didn’t you participate in it? Why are you using your friend’s blog to post your opinion without allowing for public input or participating in the public forum?

Again, I will emphasize there are much larger issues facing Montgomery County residents than from whom they can buy their liquor or wine. You need to respect the process and move on from this DLC issue and tackle our real problems.

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alcohol, Montgomery County

Five Myths About MoCo’s Department of Liquor Control

Today, I am pleased to present a guest blog by Adam Pagnucco.

Few issues in county government have received more attention over the past two years than the operations of its Department of Liquor Control (DLC). In most parts of the United States, the alcohol industry has been divided into three tiers since the end of Prohibition: producers, distributors and retailers. DLC, which is a county department but derives its authority from state law, inserts itself into this structure as an extra middle-man between distributors and retailers. Instead of being able to sell directly to Montgomery County-based retailers, distributors must sell their products to DLC which in turn sells them to stores and restaurants. DLC then charges an extra mark-up which, after paying for its cost of operations, is returned to the county’s general fund as revenue. DLC also has a complete wholesale and retail monopoly on hard alcohol and sells it through county stores.

A sure way to increase costs, delays and inefficiencies in any distribution system is to add more middle-men, especially ones who do not add value to compensate for their fees. DLC is no exception and has been the subject of complaints for years. But mounting problems, growing press interest and the emergence of the agency as a political issue in last year’s election have brought DLC to the forefront of public attention.

It’s time for a hard look at the myth and reality of DLC.

Myth 1. The county needs DLC’s net income to function.

In Fiscal Year 2016, DLC is expected to transfer $24.5 million in net income to the county’s general fund. That amount represents 0.48% of the county’s total $5.1 billion in projected revenues.

The county regularly adapts to revenue shortfalls of much larger amounts. Its six-year fiscal plans contain revenue estimates that vary up and down by tens of millions of dollars before actual revenues are recorded. The council just approved a $54 million reduction in its recently passed operating budget. The Silver Spring Transit Center is $50 million over budget (and counting). Between Fiscal Years 2013 and 2015, the council reduced energy tax revenues by a cumulative $31 million per year. And in 2010, the council approved a $191 million reduction from the prior year’s tax-supported budget. None of these adjustments were painless, but the county got through them and the world did not end.

The county government can survive without DLC’s money. It simply chooses to collect it because it can.

Myth 2. DLC’s monopoly is needed for public safety.

Last year, Council Member Craig Rice claimed that “county control of liquor sales promotes safety, particularly when it comes to sales to those who are under age 21.” The DLC does indeed vigorously regulate alcohol licensees. It has an eleven-person Licensure, Regulation, and Education program that conducts 400 minor consumption compliance checks annually and trained more than 1,300 licensees in safe alcohol service last year. Additionally, the county’s Board of License Commissioners issues liquor licenses and can revoke and suspend them for violators. But these functions are separate from the county’s role as an alcohol merchant and do not depend on a sales monopoly to be effective. In fact, there is no evidence that the county’s monopoly itself contributes one way or the other to regulatory efficacy. In Washington State, which gave up its alcohol sales monopoly in 2012, both DUI arrests and drunk driving collisions actually FELL a year later.

Myth 3. Without DLC, high paying union jobs will be lost.

This claim is frequently made by MCGEO (Municipal and County Government Employees Organization), the union which represents more than 300 DLC employees along with many other rank-and-file workers in county government. The union has a responsibility to protect its members and generally does an excellent job of it, so its position is understandable. But if DLC’s operations are eventually eclipsed by the private sector, there is no guarantee that union employment will suffer a net loss. That is because many private wholesalers are organized by the International Brotherhood of Teamsters, another union noted for its aggressive defense of its members. MCGEO may prefer that wholesale alcohol employees pay dues to its treasury rather than the coffers of the Teamsters, but that is not a public policy concern that warrants large-scale extractions from county residents.

Myth 4. DLC is getting better.

George Griffin, the long-time Director of DLC, is a happy warrior and tireless defender of his agency. In 2005, Griffin was elected President of the National Alcohol Beverage Control Association (NABCA), a group of public alcohol organizations. He told NABCA of his efforts to continually improve DLC’s operations, including its new Enterprise Resource Planning program to increase efficiency and its installation of security cameras in warehouses. Griffin said, “POS (point of sale), inventory control, accounting, the warehouse, licensee ordering, buyers: they’ll all be tied together… from the retail stores, which will have running inventories, to our drivers, who will be equipped with handhelds.”

Years later, subsequent investigations revealed DLC to be anything but a model of efficiency. This past February, the county’s Inspector General found that DLC employees used “informal, handwritten notes” to track inventory, resulting in “significant decreases in the recorded quantities of warehouse inventories in FY2013 and FY2014.” NBC4 discovered DLC employees drinking and driving on the job and skimming cases of beer to sell on the black market. Restaurant owners have gone on the record with searing complaints about DLC’s service, with one even calling the agency an “evil empire.” Even Gino Renne, leader of the union that represents DLC’s employees and one of its biggest defenders, concedes, “This department needs to be more nimble.”

Myth 5. The County Council has called for “historic reform” at DLC.

On July 28, the County Council passed a resolution calling for a procedural change concerning some of DLC’s sales. The resolution is not binding but may be the basis for a future state-level bill, which is required to affect DLC. County Council Member Hans Riemer called the resolution “historic” in a mass email. But is it really?

The resolution addresses “special orders,” or products that are requested by DLC customers that are not part of its regular stock. These products are often specialty wines or craft beers that have not yet developed wide distribution in the county. Restauranteurs have complained for many years that DLC special orders are subject to long delays, big markups and substantial shortages, particularly when compared to the service offered by private wholesalers. The council’s resolution would allow customers to bypass DLC and deal directly with the private sector when requesting these items.

That sounds great except when considering the actual details of the resolution itself. Among other things, the resolution authorizes the county to establish a fee to “replace DLC estimated revenue lost by allowing the sale of special order beer and wines by private wholesalers.” That’s right, DLC would earn money on alcohol it does not even deliver. Multiple distributors testified at the council’s hearing on this resolution that the size of the fee, along with the additional cost of direct delivery to customers, might deter them from participating in this program. In other words, there would be no effective change.

DLC’s fee for doing nothing is reminiscent of Pepco’s “bill stabilization adjustment,” under which the utility was allowed to charge customers for power it did not deliver during outages. Many people condemned Pepco’s ability to charge for a service it did not provide. But Pepco is not part of county government. Perhaps that explains why what is unacceptable for Pepco is apparently acceptable for DLC.

The biggest myth of all is that DLC can be reformed from within by a series of small tweaks like this one. The idea resembles former Soviet Union leader Mikhail Gorbachev’s concept of “perestroika,” under which his communist government was expected to reform itself. The Soviet Union ultimately collapsed. But with its powerful protectors, DLC goes ever on.

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Young Guns

Young Guns Redux

Longtime Seventh State (then known as Maryland Politics Watch) loyalists will remember the Young Guns of MoCo series that the Adam Pagnucco wrote back in 2009. The YG’s that year were (in the following order): David Moon, Jackie Lichter, Lisa Fadden, Jeff Waldstreicher, Bill Frick, Marc Korman, Jason Waskey (tied with Ben Moskowitz and Eric Luedtke), and finally Ryan Spiegel.

Adam’s post set the age limit at 35. I’m going to bring it down to 30. I’m also going to take it beyond Montgomery and Prince George’s Counties. Western Maryland (Garrett, Allegheny, Washington, Frederick and Carroll), the Eastern Shore (too many counties to list), the Baltimore Suburbs (Baltimore County, Harford County and Howard County), Baltimore City, and Southern Maryland (Anne Arundel, Charles, Calvert & St Mary’s) will each get their own editions.

There will also be a special Annapolis edition and a statewide top ten. Email your nominations to johnga.ems@gmail.com. Commentary is appreciated.

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