Raid on Philadelphia bars shows the insanity of PA’s alcohol controls
Posted on March 9, 2010 in Culture by Josh

From Flickr user G20Voice
A coordinated raid on three bars in Philadelphia last week has underscored the long-standing stupidity of the laws that regulate beer in Pennsylvania and paired it with the stupidity of the Pennsylvania State Police. In short: a random person with a grudge called the Pennsylvania Liquor Control Board to report three beer bars that had “unregistered” beer.
The police raided the bars with an incomplete and inaccurate list of what was actually registered (stupidity fault: PLCB) and confiscate beers based on both outright omissions (stupidity fault: PA law. In one case, Russian River Brewing had an unregistered Pilny the Younger confiscated, because the California brewery hadn’t sent in the paperwork.) and a rage-inducing lack of common sense (stupidity fault: PA State Police.)
The alleged offense: Although the bar owners had bought the beer legally from licensed Pennsylvania distributors and had paid all the necessary taxes, the police claimed that nobody had registered the precise names of the beers with the state Liquor Control Board – a process that requires the brewers or their importers to pay a $75 registration fee for each product they want to sell in Pennsylvania. [...]
In fact, according to Maida, more than half the beer removed by the State Police was properly registered – but the cops couldn’t find it on their lists because of “clerical errors” or “blatant ineptitude” between the police and the Liquor Control Board, with whom the officers were conferring by telephone. [...]
Maida said that the State Police also confiscated bottles of Duvel, a popular ale imported from Belgium that is widely advertised and available in at least 200 bars throughout the city and suburbs. The beer appears on the PLCB list as “Duvel Beer,” while its label reads “Duvel Belgian Golden Ale.”
“No actual investigating was done,” Maida said in an e-mail to the Daily News. “The police sent a shoddily typed list to the PLCB, some drone fed it into the machine verbatim and returned what came back, without . . . even trying to offer us the benefit of the doubt by double-checking on some of the so-called unregistered beers.”
So, even if you pay your taxes — and register the beer — you damn well better have the exact wording on the label or the cops will storm your bar and take it away. That’s insane.
There are clearly hoops to jump through when you’re looking to buy or sell beer in Pennsylvania — a state, by the way, that has legalized a number of casinos, but not sales of six packs in liquor or grocery stores — and bars and breweries should be careful. But there were a few failings here. First, the PLCB and the State Police can’t keep records straight. If there are such stringent controls, and the Police will come confiscate whatever confuses them, it’s outrageous that there’s such idiocy to begin with.
Second, coordinated raids based off of a “citizen complaint?” Really? Can anyone just call the PLCB and get a dozen cops to raid random bars?
Lastly, if anyone has any type of legal education at all, one of the first things you learn is that discretion, while not written anywhere in the Constitution, is one of the basic pillars of the American justice system. It’s why cops can let you out of a speeding ticket, it’s why judges can be inordinately harsh while sentencing serious criminals, and it’s what should keep stupid stuff like this from happening. It’s the unstated institutionalization of common sense, and it failed epically in this case.
There should have been a public investigation, a fair hearing, and a public sentencing. Instead, the Police coordinated an armed raid on bars for selling beer that, among other things, was actually registered and they confiscated it anyway. Pennsylvania has serious issues, and while energy is probably better spent worry about things like schools and health care, from those of us out-of-state, it’s hard not to question why there are such serious problems to begin with.
The alleged offense: Although the bar owners had bought the beer legally from licensed Pennsylvania distributors and had paid all the necessary taxes, the police claimed that nobody had registered the precise names of the beers with the state Liquor Control Board – a process that requires the brewers or their importers to pay a $75 registration fee for each product they want to sell in Pennsylvania.


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