Steve Pharo has something just outside his Milwaukie
office door that Joe Gilliam wants—$70 million worth of vodka, whiskey,
tequila and every other distilled spirit sold in Oregon.

PHARO - IMAGE: Darryl James
Pharo is executive
director of the Oregon Liquor Control Commission, and his workplace is a
boozehound’s dream. Shrink-wrapped pallets of liquor rise from floor to
ceiling in a warehouse the size of three downtown Portland blocks.
Beeping forklifts continually unload incoming trucks, while a Rube
Goldbergian conveyor system moves 1,000 cases an hour out the door to
state liquor stores.
In fact, every single
one of the 2,676,106 cases of liquor sold in Oregon last year passed
through the OLCC warehouse that sits off of Oregon Route 99W, just south
of the Acropolis strip club.
For years, Gilliam,
president of the Northwest Grocery Association, has dreamed of breaking
the OLCC’s monopoly on booze. He wants to see his members—Fred Meyer,
Safeway, Costco and others—rather than the state, selling liquor. To do
that, grocers and their allies must tear down a maze of 1930s-era liquor
laws.
It’s curious that in
Oregon, a state that has been as reform-minded as any, pioneering
unfettered beach access, allowing assisted suicide and being the first
to require statewide land-use planning, the OLCC has withstood for
nearly 80 years any efforts to unshackle its iron-fisted control over
liquor.
Today, that control is under an unprecedented threat.
“We’ve never seen this kind of change and pressure,” Pharo says.
Here’s a primer on why the OLCC’s days might be numbered:
What changed?
In November, Washington state residents
voted to take liquor control out of the state’s hands. For years, Costco
had been trying to get the state Legislature to do just that. When
legislative efforts failed, the Issaquah, Wash.-based retailer poured
more than $22 million into an initiative campaign. Costco, already the
nation’s largest wine seller, also wanted to sell distilled spirits. In
Washington, as in Oregon, the state is the exclusive wholesale provider
of distilled spirits, which it sells through state liquor stores to
bars, restaurants and individuals.
Costco’s campaign
worked—by a margin of 59 percent to 41 percent, breaking the state’s
monopoly. If the vote survives a Washington Supreme Court challenge, the
state will cease selling liquor May 31.
Instead, Costco, Albertsons and the New Seasons that recently opened in Vancouver will sell booze.
“Washington went from
being the most tightly controlled state in the country to being the
most deregulated,” says Ron Dodge, CEO of Hood River Distillers,
Oregon’s largest spirits manufacturer. Hood River spent $100,000 in
Washington to oppose Costco. “They handed all the business to the big
grocers on a silver platter.”
What does this have to do with Oregon?
Immediately after the Washington measure passed in
November, Gilliam of the grocers’ group said Oregon was next. That’s
logical because the two states have nearly identical approaches to
alcohol sales.
Oregon is among 18
so-called “control” states, where the government maintains a tight grasp
on every aspect of alcohol distribution and sales. In Oregon, hard
liquor is sold by OLCC-licensed retailers—and there are only 246 of them
(California has about six times as many liquor stores per capita).
Oregon liquor stores get about 9 percent of sales as a commission.

GILLIAM
They
must sell at state-established prices and only during prescribed hours.
(It was not until 2002, and only because of a financial crisis, that
Oregon finally allowed liquor sales on Sunday.)
Beer
and wine are regulated differently, but every bit as strictly. State
law carves out monopolies for beer distributors who sell to retail
outlets such as grocery stores, bars and restaurants. Wineries have
slightly more leeway—they can sell directly to consumers via mail and at
their wineries, and directly to stores, although most do not.
Even as the state is
shoving liquor out the door at breakneck pace, the OLCC acts as Oregon’s
liquor-licensing and enforcement cop. Some might argue that the dual
role of marketer and regulator is like jumping into a car and jamming on
the gas and the brakes simultaneously. For instance, the OLCC built a
sophisticated website to help drinkers track down rarities such as the
55-year-old bottle of single-malt scotch it sold for $14,000 a few years
ago. But the agency also sends underage decoys into bars and polices
licence-holders diligently.
No one is suggesting
the OLCC cease its licensing and regulatory work—Gilliam and the grocers
just want it to stop competing with the private sector for
alcoholic-beverage sales. The success of the Washington initiative is
creating a good deal of pressure.
“We’re
trying to look at what we can do differently as the market changes,”
Pharo says. “But I understand that the industry would like to have us
out of the way.”
Adds
Paul Romain, who leads the Oregon Beer and Wine Distributors
Association, “We’ve never seen anything of this magnitude before.”
Why do the grocers care so much?
The short answer is money. Grocers complain that OLCC
rules are tilted in favor of distributors. When distributors buy beer or
wine from the manufacturer, they can pay days or weeks later. But the
law requires that when distributors deliver product to bars, grocery
stores or wine shops, the retailer must pay cash immediately. That means
the distributor gets to hold the retailers’ cash for days or weeks
before paying his supplier. “There’s no other deal like it anywhere,”
Gilliam says.
So the next time you
walk into your neighborhood wine shop, consider that your wine merchant
has already paid cash for every bottle in the store—no credit. That’s
the law.
Romain says credit
practices simply reflect the cost of warehousing wine and beer, and help
smaller producers get paid faster. “There are costs critics don’t see,”
he says.
Distributors also
enjoy brand monopolies in geographic territories. For example,
Portland-based Maletis Beverage is the only company allowed to
distribute Budweiser beer in the metro area, and state law makes it
virtually impossible for Anheuser-Busch ever to end that relationship.

ROMAIN
Current laws fix
prices in ways that, some argue, protect the little guy. But others
complain the laws are contrary to the rules of commerce. Oregon requires
a beer distributor to sell to every retailer at the same price. With
beer, retailers can then decide how much profit they want to make,
pricing a six-pack of beer accordingly, although they are prohibited
from selling below cost. Hard-liquor prices are even more tightly
controlled: A bottle of Hood River vodka, the state’s volume leader,
costs the same in every state store, and that price is set by the OLCC.
One OLCC rule that
generates the most heat is its prohibition of the centralized
warehousing of wine. Even Mary Botkin, a lobbyist for OLCC union workers
and a defender of the agency, scratches her head about this one.
“Let’s
say the Interstate Fred Meyer in North Portland orders 10 cases of
pinot noir from a distributor, and it sits on the shelf,” Botkin says.
“But the same wine is flying off the shelf at the Hawthorne store.
Freddy’s can’t just move the wine from one store to the other. It has to
go back to the distributor and get redelivered. That’s just crazy.”
John
DiLorenzo, a lawyer for Grocery Outlet, tried in the Legislature and at
the OLCC to end central warehousing and is now challenging the
prohibition in front of the Oregon Court of Appeals.
“We believe that 20
percent of the final cost of wine is an embedded cost from the 1930s,”
DiLorenzo says. “We have nothing against distributors when they add
value, but we don’t like it when they just get paid for being there.”
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Where to begin? Let's start with the ostrich, Mary Botkin, “Botkin acknowledges some laws are puzzling, but she does not see the need for change.” The laws need to be changed because of the conflict of interest. “The OLCC acts as Oregon’s liquor-licensing and enforcement cop. Some might argue that the dual role of marketer and regulator is like jumping into a car and jamming on the gas and the brakes simultaneously.” A governing body should make the laws and enforce them, not participate in them. Bottom line here is, “One of the immutable rules in Salem is if it brings in money, don’t mess with it.” It is up to the people of Oregon to step up like the voters of Washington to help the government govern and not participate in commerce. A clear conflict of interest.
As someone who drives to CA and NV a few times a year, and purchases large quantities of alcohol for personal use, I can call BS on OLCC's claim of its prices being cheaper. Deregulation in those states forces sellers to compete on price, allowing customers to pay much less for alcohol there than in OR. Even non-loss leader sellers come in cheaper than OR. There's a good reason you see billboards on I-5 advertising stores just across the state line in CA. Medford residents know where to go for alcohol. Portland residents will soon cross the river into Vancouver for cheaper alcohol. The OLCC will start losing money on June 1 if they don't do something about it. Here's a nickel's worth of free advice: deregulate and tax the hell out of alcohol. It's a vice, people will pay for it regardless, but allow sellers to compete on price and pass those savings onto consumer (while still making money).
Why tax the hell out of it? Because it's bad? People shouldn't be able to put good tasting stuff in their body without paying a fine, first?
"Tax the hell out of it" Like you I pay Calif tax and not Oregon tax. I refuse to pay more for something just becuse this state is greedy. I am moving closer to Calif and may need to start a inport bussness to compete with OLCC I know its illegal but really why is that, just because the state is greedy!!
I won't lie to you, like a lot of people I am not from here but I did not bring the stupid ideas from my former state with me (ehem, Californians). I'm from Texas and the grocers out there set about detroying protectionist laws under the guise of selling cheeper beer/spirits. Well, not only did just about every micro-brewery in Texas get shut down a year or two after the law passed - most of the distilleries were shuttered as well. This left the larger corporations with little competition so they were able to raise their prices. Not only so, the politicians suddenly realized that they needed to get the tax money they were making from regluation from somewhere else - so they created a "sin tax". So, if you go to Texas, were there is not this sort of regulation you can expect to pay a higher price per bottle with less selection. Period.
Having now been in Oregon for many years and having married a native Oregonian - I am not just a spectaor in this industry. I've helped to launch several micro-breweries in Central Oregon and wrote my MBA thessis on the Oregon beer industry. Mark my words: if these protections are no removed, Oregon drinkers will suffer.
I work as a bankruptcy attorney in Vancouver. Since the law passed here I have already had consultations with 3 people whose businesses were basically destroyed by the new law. Sad.
You're kidding me, Lara.
Their jobs/businesses only existed because the government said this is what consumers get. This is not fair to EVERYONE else who wants to sell booze without having to ask for government permission.
Those 3 people were probably running or working in state liquor stores. Those fake jobs will now go away as real jobs are created by real businesses.
You've no idea what you're talking about.
tallperson, you must be buying inexpensive alcohol. When you get above $50 or so, Oregon is much cheaper. Why? As the article mentioned, CA has it's lost leaders and the inexpensive stuff is it. Do a comparison of something in the $50 range and up - OR will be cheaper.
So?
If their business depended on a state monopoly to keep it running, good riddance.
We can kiss about 1300 much needed jobs goodbye here in Oregon if the grocery chains start selling liquor. They will not have any need to hire the liquor store employees who would lose thier jobs in this. On top of that, Oregon's Breweries and wineries would be squeezed as they would lose shelf space in order to make room for liquor. On top of that, the selection would be deminished. No more Oregon produced spirits...instead all we would get is Gack Daniels (I mean Jack Daniels), Grey Puke (I mean Grey Goose), and Canadian Mist. There goes Oregon's specialty cocktails....sounds like a trip to the barf-o-tron to me. The end result, more of our hard earned dollars feeding the big box stores of Wall Street. NO THANK YOU.
Hi Lara,
Considering the law hasn’t changed anything yet. How could that be? Are you sure the bankruptcies are caused by the new law and not poor business practices? Most bankruptcies are caused by poor money management.