The Montana House Business and Labor Committee took executive action this morning on House Bill 616, which many have dubbed the “brewery killing bill.”

At the request of the sponsor, Rep. Roger Hagan, the Committee voted unanimously to table the bill, thus effectively ending its consideration during the 63rd Legislative Session.  Friday is the
transmittal deadline for this category of bill, the date by which all such bills must be passed by the House and transmitted to the Senate for its consideration.

Reading from a prepared statement, Rep. Hagan said HB 616 represented his attempt to bring fairness back to the “tasting room problem” which “is not going away.”

While expressing his disappointment in not finding a receptive audience for his bill, Rep. Hagan levied numerous veiled and not-so-veiled accusations at the breweries, calling them “unlicensed bars” that need regulation to help “ensure consumption is done in a responsible manner.” He alleged the legislature has “dropped the ball” with respect to tap rooms at a time when it has been “fervently” working to curb DUIs.

Whether you agree or disagree with the retail licensing components of HB 616, the disconnect between Rep. Hagan and the reality of alcohol regulation appears to be widening.

Unlike brewery tap rooms, no bar or restaurant currently operating under a retail license is subject to a 48 oz per person limitation, or required to stop serving alcohol for on-premise consumption at 8:00 p.m. Rather, the majority of establishments operating with retail licenses may serve alcohol until 2:00 a.m. with the quantity limited only by prohibitions against serving persons who are obviously intoxicated.

That same limitation applies to brewery tap rooms. As does the requirement for alcohol server training.

In short, brewery tap rooms are not unlicensed or in any way exempt from the rules and regulations designed to curb DUIs, or otherwise protect the citizens’ “health, safety and morals” as Rep. Hagan is so fond of referencing. 

We should all be concerned about responsible alcohol consumption, but to heap disdain on brewery tap rooms and falsely imply they are exempt from being responsible is a poor way to build support for a bill directed at licensing fees. 

In any event, HB 616 will occupy no more time at Montana’s 63rd Legislature.

For all our articles pertaining to the 2013 Montana Legislature, click here.