From Deseret News archives:

Shurtleff seeks store ban on malt 'alcopop' sales

He says the drinks are gateway to hard liquor for underage drinkers

Published: Wednesday, Sept. 21, 2005 10:01 a.m. MDT
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Utah Attorney General Mark Shurtleff is ready to tell state liquor regulators that so-called "alcopops" should be removed from grocery store shelves because they're too tempting to young drinkers.

Shurtleff wants the state Department of Alcoholic Beverage Control to support legislation that would force low-alcohol malt beverages flavored to taste like lemonade and other sweet drinks to be sold only in state liquor stores.

He said the switch would make the beverages more difficult for underage drinkers to buy — and also more expensive. Products sold at state liquor stores are subject to a higher markup as well as a special tax aimed at funding school lunch programs.

"It's really deceiving," Shurtleff said of malt beverages, which are brewed like beer but are made to taste more like cocktails made with liquor. "Because they're able to call it a beer, they're taxed at a much lower rate in almost every state."

In Utah, beer is subject to a state tax of $13.80 per barrel (that's 13 gallons), while wine and liquor are taxed at a rate of 13 percent of the retail purchase price, according to Charlie Roberts, spokesman for the Utah State Tax Commission.

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The beer designation also means that malt beverages with an alcohol content of less than 3.2 percent can be sold in grocery stores and other retail outlets — just like beer with a similar amount of alcohol.

"They're going to be harder for kids to get. There's no doubt about that," Shurtleff said of the effect of the proposed change in the law. The beverages "will also be more expensive and that may make it more likely they drink less."

But the president of a group representing supermarkets and convenience stores said consumers will be cheated if the proposal ultimately passes. "For consumers, they ought to be concerned," Jim Olsen of the Utah Food Industry Association said.

"If this goes through, there will be an increase in the price and it will be much harder to find," Olsen said of malt beverages. "There are a lot more grocery stores and convenience stores than there are state liquor stores."

Malt beverages represent about 5 to 6 percent of beer sales in Utah, he said. "Is it a major thing? No. But it's something that the consumers wants — many have grown to enjoy these and they're of legal age to enjoy them."

Olsen said all outlets require purchasers to be at least 21 years old. "Whether they're sold in our stores or the liquor stores, they are still age-restricted products. We don't see how this will resolve the problem" of underage drinking.

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