Big government running amok, crushing little guy
What a fine-tuned machine our state is when it comes to clamping down on its own residents, as witnessed Thursday when Boston’s Licensing Board took a shot across the bow of a local small business owner.
Naveen Kapoor, owner of the Quality Market in Brighton, was caught on camera moving beer from that store down the street to his other shop, Quality Liquors in Allston.
He told the Licensing Board that he was transferring the suds because Quality Liquors had run out of several beer brands.
That is a big no-no. According to the Alcoholic Beverages Control Commission, “All licensed retail establishments, including holders of Special Licenses (so-called “One Day” Licenses), must purchase their alcoholic beverages from a licensed Massachusetts wholesaler, manufacturer, winery shipment licensee, farmer brewery, farmer distillery or holder of a Special Permit issued by the ABCC.”
Of course, Kapoor had already purchased his beer from a licensed Massachusetts wholesaler once, but the charm of the regulation is that he gets the privilege of doing it again.
As the Boston Herald’s Dan Atkinson reported, on March 28 Boston police saw a photo on Twitter of a man loading multiple 30-pack cases of Corona, Pabst Blue Ribbon, Miller Lite and Modelo into a Ford Explorer outside of the Quality Market and found out the SUV belonged to the store.
But the store did not have a license to transport more than 20 gallons of beer — about seven 30-packs — and transferring alcohol from one licensed business to another, even under the same ownership, is against the law. Stone cold busted.
It is fair to ask why we are hassling small businesses for conducting their day-to-day affairs.
In this case, the business owner was trying to cater to the marketplace in a nice, direct transaction but big, clunky government just had to get in the way.
Why was law enforcement combing through Twitter and why would cases of cheap beer compel them into action? This was obviously not the Lufthansa heist but nevertheless, the authorities sprang into action. Images of Elliot Ness and crew taking axes to wooden beer kegs come to mind.
Thankfully, the Licensing Board did the right thing and Kapoor got off with a warning, but he’s lucky. A task force to reform the state’s liquor laws has recommended increasing the penalty for transporting excessive alcohol from $2,500 to $15,000.
Small business owners have enough to worry about. In January, Quality Market was robbed at gunpoint. Later this year, a referendum question raising the minimum wage to $15 per hour may pass, which will be burdensome for small retail outfits. Add to that the occasional day spent at City Hall defending the illicit transfer of Pabst Blue Ribbon and you’ve got a besiegement nobody should have to endure.
Regulations abound. The ABCC’s “Most Frequently Asked Questions” page is bursting with them.
Is your 20-year-old nephew on leave from the Marines? Want to crack a beer with him? Let’s consult the rules:
“45. Is it legal for me to let my niece and nephew drink beer at my house? I think it’s safer if they do it when I know where they are.”
No, it is not legal and this choice may very well expose a person to so-called “Social Host Liability” under a state law recently enacted, according to the ABCC, “Whoever furnishes any such (alcoholic) beverage or alcohol for a person under twentyone years of age shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year or both.”
“47. Can a bar, restaurant, or hotel offer a free drink? No.”
“53. When can I start selling and allowing my customers to drink alcoholic beverages on my newly added patio area? No sales or consumption of any alcoholic beverages can be allowed by the license holder in the patio area unless and until the changes to their location are approved by both the LLA, the ABCC and ...”
Government is one big buzzkill.