NBWA Publications

Beer Perspectives
Vol. 16, No. 9, May, 26, 1999
In this Issue:

NBWA to House: Death to ‘Death Tax’

Restrictions on Billboards: Case By Case

Hits in Cyberspace : Michigan Site Offers Abundance of Cyber-Info

Ergonomics Standard One Step Closer

California Member Honored for "Good Sport" Leadership

Case By Case Insurance and The Wholesaler: Ordinance or Law Endorsement?

New England Journal Advises, "Drink More!"

NBWA Member Associate Chosen for Convention ‘99

All Aboard For the NBWA Post Convention Trip!: Don’t Miss Out On The Fun!

Help Make NBWA Stonger!


NBWA to House: Death to ‘Death Tax’
In a letter to all U.S. House Members, The Family Business Estate Tax Coalition, of which NBWA is a member, has once again urged the elimination of the death tax.

Referring to the death tax as "one of the most economically and socially destructive means of raising tax revenue," the letter encourages U.S. Representatives to think "pro-business, pro-jobs and pro-family" when including death tax elimination in their final version of tax-relief legislation.

The death tax generates only a mere 1.4 percent of total federal revenues annually, but imposes extraordinarily high costs to small family businesses, including discouraging investments and savings, reducing job creation and causing dissolution for thousands of family-owned and run businesses.
U.S. Representatives Jennifer Dunn (WA-8) and John Tanner (TN-8) have introduced H.R. 8, the Death Tax Elimination Act, as part of the proposed omnibus tax relief bill. As colleagues on the Ways and Means Committee, Dunn and Tanner proposed the bill to phase out the death tax over a ten-year period.
NBWA joins the Family Business Estate Tax Coalition as one of one-hundred organizations nationwide representing more than six million members. Members of the Family Business Estate Tax Coalition include The American Small Business Association, The American Wholesale Marketers Association and the National Association of Wholesaler-Distributors.
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Restrictions on Billboards: Case By Case
In 1996, the U.S. Court of Appeals for the Fourth Circuit of Chicago, Illinois, ruled that bans on billboard alcohol advertisements are constitutional if local governments ban them while "applying zoning power to protect children." Because the biggest fight for advocates of billboard bans has remained in the courts, long awaited decisions as to the destiny of billboard advertisements and how far restrictions can go will eventually set precedent and affect advertising decisions nationwide.

Attempts to ban outdoor advertisements for alcohol and tobacco have met with mixed responses in the wake of tobacco and gun lawsuits, but advocates of such restrictions say that law-abiding ordinances can stand the legal test of time. Says Laurie Leiber, director of the Center on Alcohol Advertising, "There is a way to craft these laws so that they pass muster with the first amendment - they can’t be totally banned...if they are devised to protect children."

In accordance with Ms. Leiber’s comments, Chicago’s 1997 City Council passed a billboard ban ordinance by a 47-1 vote, aiming the efforts at over four-thousand billboards city wide. The billboard-ban campaign was enthusiastically supported by Chicago Mayor Richard Daley. However, last July, U.S. District Court Judge Milton Shadur struck down the Chicago ordinance, claiming that only the federal government can regulate alcohol and tobacco advertising.

In a like manner, the City Council of Los Angeles voted unanimously in September, 1998, to ban tobacco and alcohol billboards and other outdoor advertising from locations within 1,000 feet of schools, parks and other residential areas. Other cities, which have implemented or are currently seeking billboard bans include Oakland, Tucson, Milwaukee, New York, Seattle and Washington, D.C.

George Hacker, director of the Alcohol Policies Project at the Center for Science in the Public Interest (CSPI), has compared advertising for casino gambling and its community opposition to the advertising of alcohol in neighborhoods and cities, concluding that, "this will be an opportunity for the courts to be more specific about....truthful ads about products that people don’t want advertised and the extent to which alcohol advertising is protected speech." The final decision on the circuit court’s appeal is expected sometime in late July.

NBWA has strongly stated its opposition to advertising warning legislation and additional mandated government restrictions on the truthful advertising of legal substances. Proponents of restrictions and warning labels on billboard advertisements have been proven wrong in their assumptions regarding the affect billboards have on youngsters. This has been repeatedly illustrated through the public statements of the Federal Trade Commission as well as the Department of Health and Human Services. NBWA continues to strongly urge Congressional Representatives to reject any legislation which would redundantly waste public revenue in an attempt to propose additional billboard and print advertising restrictions negating the sale of beer.
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Hits in Cyberspace : Michigan Site Offers Abundance of Cyber-Info
The Michigan Beer and Wine Wholesalers Association (MB&WWA) has put together a website highlighting its services and programs, located at http://www.mbwwa.org/!

Having a presence on the Web has become a popular way for state wholesaler associations and beer wholesalers to make information available to the public. The Michigan site includes information on the industry, alcohol education programs, and publications available through the Michigan association beverage industry links. Additionally, MB&WWA members can click to a Members Only section where they can get an update on legislation, check the calendar of events, e-mail staff and e-mail their state legislators.

Mike Lashbrook, CAE and President of the Michigan Association, says the Internet is "an excellent tool to publicize and make available the programs that Michigan wholesalers sponsor." By clicking into Alcohol Education, cyber-visitors can learn about the "Let’s Talk About Drinking" booklet, a program emphasizing the importance of starting and continuing a dialogue within families about alcohol’s risks and consequences if it is consumed under-age or irresponsibly. According to Lashbrook, not only are these booklets offered to wholesalers, but they are available to state legislators through MB&WWA, at no cost, to distribute to constituents in every district of Michigan. The distribution of the "Let’s Talk" booklets has in turn, caused educators and recipients to call MB&WWA for additional copies. Over 20,000 booklets have been distributed through legislative offices and schools thus far in 1999, and over 60,000 have been distributed since the program’s inception.

Other education programs available through the MB&WWA site are "Drive Safe This Holiday, Drive Sober," displaying colorful logos, banners, posters, buttons and coasters which are provided at MB&WWA state-wide media events with local Michigan celebrities. The "Ready or Not" program, another family-oriented community program created in conjunction with the Boys and Girls Clubs of America and originated through The Century Council, is also available through information provided on MB&WWA’s education page and by contacting the Century Council. (The "Ready or Not" video series can also be rented through Blockbuster Video stores.)

As research continues to surface illustrating that the role of adult and family involvement influences children to choose to avoid alcohol, as opposed to advertising or the media, it is important for wholesalers to take every advantage of these kinds of readily available tools. With more information centered on the Internet than ever before, NBWA commends the Michigan Beer and Wine Wholesalers Association for taking the initiative and offering so many communication aids as we continue to fight underage drinking together.
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Ergonomics Standard One Step Closer
OSHA’s planned ergonomics standard came one step closer to reality on May 3, 1999, with the publication of the Small Business Review Panel Report. The panel’s report provides a synthesis of advice and recommendations from small entity representatives on ways to minimize the burden of the rule on small businesses while protecting workers against the significant risk of developing work-related musculoskeletal disorders.

Available through the OSHA Web site at http://www.osha.gov/, the report uses politically correct language to say that the small business panel disagrees with OSHA on almost every point. A statement from Charles Jeffress, assistant secretary of Labor for Occupational Safety and Health, uses similar politically correct language to thank the panel. It is most likely that there will be minor changes made to the draft currently in circulation, which Mr. Jeffress plans to publish for full public comment and debate later this year.
Of course, these standards are not based on objective science. NBWA is seeking to prevent OSHA from imposing these regulations on beer wholesalers in their current form.
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California Member Honored for "Good Sport" Leadership
Congratulations to Ronald Fowler, President and CEO of Mesa Distributing Company, San Diego, California! Fowler was the recipient of the 1999 Robert Breitbard Award, which is given to members of the San Diego International Sports Council who exemplify outstanding service to the community and its economic growth through the business of sports.

Ron Fowler, who was instrumental in bringing the 1997 and 1998 ESPN X-Games to San Diego, was recognized for his participation in the Hall of Champions, the ARCO Olympic Training Center and the Mayor’s Task Force on Padres Planning. As a significant supporter of the San Diego State University, Mr. Fowler also serves on the University of San Diego’s Board of Trustees.

Mr. Fowler was commended by Robert Breitbard, the first recipient of this honorary award, for his "outstanding community leadership for many years," and for "giving so much of himself and his time."
NBWA sends accolades to Ron for his community activism and generosity on behalf of Mesa Distributing Company!
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Case By Case Insurance and The Wholesaler: Ordinance or Law Endorsement?
Suppose a fire sweeps through the building in which you run your business, wiping out a little over half of it. First, you learn that local ordinances require you to demolish the remainder of the building. Then the inspector informs you that it cannot be reconstructed exactly as it existed before the fire without violating current building and zoning codes. After all is said and done, you’re looking at an enormous sum to get your building back again. It’s a bad situation, but at least insurance will cover everything - or will it?

Please don’t wait until you are in this predicament to find out the answer! Generally, basic commercial property policies exclude coverage for building updates, repairs, or demolition mandated by public law or ordinance. This can be a very expensive gap in your coverage if you are ordered to add a sprinkler system to make other changes to meet current codes. The cost of meeting public access requirements by the Americans with Disabilities Act (ADA) is also excluded under basic commercial property forms. To fill this gap, you may want to consider an ordinance or law endorsement. In the event that your building is damaged by an insured peril, an ordinance or law endorsement can provide for:

  • The increased cost of construction necessary to comply with current building codes.
  • The cost of demolishing the undamaged portion of the building.
  • The cost of rebuilding the undamaged portion that was demolished.

As a building owner, an ordinance or law endorsement could prove to be an extremely valuable addition to your insurance protection. Even if you rent your building, you may have a need for such an endorsement. For example, suppose you started out with an empty space and created your own interior. If you did not provide public accommodations for the disabled, such as wheelchair accessible rest rooms or elevators, you would likely be responsible for the cost of ADA requirements.

Your building may have met all existing laws and ordinances when it was constructed, but codes can easily change in even a year’s time. Be sure you are aware of how much it would cost to rebuild your building today, using new materials and complying with all current building codes and ADA requirements. Please call us if you have any questions or would like further information on ordinance or law endorsements. For further information about NBWA’s Members’ Insurance Program, please contact:

Hylant MacLean - Managing General Agent
(888) 449-5268
(216) 447-4088 (Fax)
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New England Journal Advises, "Drink More!"
A recent study has shown that a higher intake of fluids such as water, soda or beer could lower the risk of bladder cancer.

According to the New England Journal of Medicine, drinking additional fluids dilutes the concentration of cancer causing agents through the digestive system, reducing the bladder’s exposure to toxins.
Harvard researchers looked at the relationship between fluid intake and bladder cancer by observing approximately 48,000 men, ages 40 through 75, over a period of ten years. The results illustrated that drinking 11 or more eight-ounce glasses of liquid each day resulted in a 51 percent reduction in the risk of bladder cancer, as opposed to drinking just five glasses per day or less. The risk of bladder cancer was reduced by seven percent for every added cup of fluid, and there was no evidence that showed caffeine or alcohol increased the risk.

In 1996, 310,000 cases of bladder cancer were diagnosed worldwide, and only one-fifth of the cases are found in women. It is the fourth leading type of cancer in men, and risk factors do include smoking and a person’s age. Although women were not included in the study, experts have stated that "there is no reason the results wouldn’t be the same for women."
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NBWA Member Associate Chosen for Convention ‘99
Congratulations to the Associate Members chosen by NBWA’s Education Committee to present seminars at the NBWA Convention and Trade Show, October 3-5 in Las Vegas, Nevada!

  • Arthur Andersen Center for Family Business (Carl Allegretti)
  • BDFI (Mark Carlie)
  • Denver Management Group (Lamont Seckman and Joe Verno)
  • Peter Dondlinger & Associates (Pete Dondlinger)
  • Electronic Commerce Seminar ( BIECC)
  • Heaney & Burns (Jim Heaney)
  • Independent Beverage Group (Joe Thompson)
  • A Foundation for Sales Growth (Duke Maines)
  • CM Profit Group (Tom Fox)
  • Public Relations Seminar (Tamara Tyrrell, NBWA Director of Public Affairs)
  • Sales Systems Development, Inc. (Bob Brown)
  • The Weiss Group (W. Kevin Moentmann and Arthur E. Weiss)

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All Aboard For the NBWA Post Convention Trip!
Don’t Miss Out On The Fun!
The 1999 Post-Convention trip is scheduled for October 7-16, right after NBWA’s 62nd Annual Convention and Trade Show in Las Vegas, Nevada! This year’s trip is a private Canadian Express Tour to the best destinations in Western Canada - Banff, Whistler and Vancouver.

The first stop along the trip is in Banff. You will be treated to three nights of luxury at the Banff Springs Hotel - The Castle of the Canadian Rockies. Banff is home to a spellbinding natural landscape and activities including golf, mountain climbing, hiking and cycling. This is arguably the finest stop among the dramatic peaks of Canada’s Rocky Mountains.

Next, on NBWA’s private train cars, you’ll receive royal treatment while exploring the picturesque mystique of the Canadian Rockies. The two-level domed observation car carries its passengers as it bridges gorges and winds through vigorous and seemingly impassable terrain. Once in Vancouver you will enjoy all of the exciting culture this city has to offer. Following Vancouver, you’ll travel to the resort town of Whistler, British Columbia, via the private cars of the famous BC Rail. You will coast along the shores of the Pacific Ocean and through the rugged Cheakamus Valley. During your visit to Whistler, you will enjoy accommodations at the beautiful five-star Chateau Whistler. Whistler was recently rated the number one ski destination in North and South America, with skiing available twelve months of the year. Whistler is also a golf haven with four championship courses.

We hope you will be able to be a part of this fantastic and exciting train trip with NBWA through the Canadian Rockies.

For more information about the NBWA trip please contact:

Burkett Travel Service, Inc.
319 North Fourth Street, Suite 830
St. Louis, MO 63102
Phone: (314) 241-7272
FAX: (314) 241-7273

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Help Make NBWA Stonger!
The search to broaden the impact of beer wholesalers and the companies they do business with is going strong. To date, (May 17, 1999), we have received copies of vendor lists from 144 Regular and Associate Members. The information on these lists will help us increase our potential universe of Associate Members. The deadline to return your vendor lists was recently extended until May 31, 1999. With the ongoing changes in our industry and in order to ensure our strength on Capitol Hill and in our marketplace, we must grow our Associate Member base.

Some of you have been, or will be, contacted by a representative from Momentum Marketing. We want to thank you in advance for your cooperation and assistance in this program.

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For more information about NBWA contact us at info@nbwa.org