Most legislative liquor, gaming action still to come
Pub Date: 1/1/2009
Two weeks from the launch of the 2009 Montana Legislature, there are a slew of bill draft requests that have been filed with "short titles" that are intriguing and perhaps even a little revealing.
But in the way of real liquor or gaming bill language, only three full drafts were available at Montana Tavern Times deadlines: Two gambling bills requested by Sen. Joe Tropila, (D-Great Falls) and one liquor bill by Sen. Gregory Barkus (R-Kalispell).
Of course the owners of Montana's small hospitality businesses watch more than just liquor and gaming bills.
They track tax, insurance, labor and a host of other categories where legislation can have an impact on their bottom lines.
Mark Staples, Montana Tavern Association government affairs counsel, said that usually when the Legislature meets, "The only question is whether our adversaries will come after us with clubs or knives or sticks."
The Sen. Barkus bill, one Staples said he believed the MTA could support, is titled "An act allowing counties to adopt social host ordinances'; establishing civil penalties for a violation of a social host ordinance'; and providing an immediate effective date."
It defines what constitutes a "gathering," a "host," "premises" and "social host." This last is defined as "a host who knows or reasonably should know that a person under 21 years of age is in possession of or is consuming an alcoholic beverage at a gathering on the host's premises."
The bill language says it is meant to discourage underage drinking and provides for a civil penalty to not exceed $500 for each violation, but also provides that a person convicted under such an ordinance may be ordered to pay all costs and expenses involved in the case.
Staples said the law could put more of the onus of underage access to alcohol where it belongs, on unlicensed adults who provide alcohol to youth.
Both of Tropila's bills are the product of the Gaming Advisory Council and the Gambling Control Division.
One is a "housekeeping" bill that serves as a catch-all for relatively minor adjustments to existing gaming law'; the other is a bill to credit gaming machine losses when computing taxes due. That bill, however, will be withdrawn at the request of the Gaming Advisory Council, which met Dec. 17 and voted to ask Tropila to pull it back.
Staples said industry has ample input on legislation vetted by the Gaming Advisory Council and so rarely opposes anything that has passed council muster, such as the remaining Tropila bill.
The "clean-up" bill would do several things.
It would provide for licensure of "associated gambling businesses," which might be providers of gambling-specific accounting packages, gaming machine recyclers and so on. It would also allow for some revisions to currently allowed bingo card formats.
It would give the GCD authority to regulate raffles and deal with violations of raffle laws, would redefine what is a non-profit for the purpose of conducting raffles, would remove the $5,000 cash prize limit in some circumstances, would require some raffle record keeping and would specifically prohibit the conduct of raffles on the internet.
Finally, it would prohibit the use of credit cards in relation to any gambling activity, even to obtain legitimate cash advances for the purposes of gambling.
There are 12 bill draft requests dealing with DUI such as "Explicit consent to breathalyzer," "Ignition interlock device for second or subsequent DUI," "Increase penalty for felony DUI," "Evidence of similar crimes in DUI cases," "Increase sanctions for blood alcohol test refusal" as well as several "placeholder" draft requests titled "Revise DUI laws."
Other liquor bills with short titles that will receive business scrutiny are:
Revenue and Transportation interim Committee bills entitled: "Address underage consumption of alcohol," "Modify unsuccessful lottery applicant preference categories for restaurant, beer and wine licenses," and "Generally revise liquor laws and their administration';"
Sen. Carol Juneau (D-Browning), "Regulate sale of alcoholic energy drinks;"
Rep. Llew Jones (R-Conrad), "Revise liquor store commissions';"
Rep. Bob Ebinger (D-Livings-ton), "Authorize off-premise liquor licensees to do tastings" and "Revise types of wine available under restaurant beer and wine licenses';" and
Sen. Kelly Gebhardt (R-Roundup), "Clarify beer franchise laws."
On gaming, Sen. Christine Kaufmann (D-Helena), has asked for a bill draft to "Increase video gaming tax." Also, Rep. Scott Mendenhall (R-Clancy), "Limit the number of checks that can be cashed at casinos';" Rep. Bill McChesney (D-Miles City), "Revise laws on pari-mutuel wagering on fantasy sports';" and Rep. Michelle Reinhart, "Revise laws relating to alcohol and gambling."
Staples said, "Keep in mind that the session hasn't even started and there is already a raft of bills we have to deal with. Some may turn out to be relatively benign and obviously some will be menacing to our licensees. And if the past is any guide, there will be many more to come.
"As always, We're going to have to be on full alert from the opening gavel in January until the final adjournment in late April. We're counting on our licensees, as we always do, to be ready to stand up for their rights when called upon to do so."
Source: The Montana Tavern Times, January, 2009, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.