AUSTIN (THE TEXAS TRIBUNE) - Texans have 66 hours during the week to buy bottled liquor under
current law, but two bills filed this session could allow 10 more hours
of shopping time by letting liquor stores stay open on Sundays.
State Sen. Juan "Chuy" Hinojosa, D-McAllen, and Rep. Senfronia Thompson, D-Houston, who have both received campaign donations from alcohol lobbying groups, have filed companion bills, Senate Bill 236 and House Bill 421,
that would abolish the state's "blue laws" limiting alcohol sales on
Sundays. The bills would also extend liquor sales by an hour both in the
morning and the evening on Monday through Thursday, allowing sales from
9 a.m. to 10 p.m.
Thompson "did not want any anti-consumer or anti-free-enterprise laws
on the books," a staffer for the representative said on Wednesday.
By changing the state's Alcoholic Beverage Code, Texas could have
reaped $7.4 million in general revenue funds for the 2012-13 biennium,
according to a report released by the non-partisan Legislative Budget
Board. In the past nine years, 14 states have repealed Sunday liquor
bans.
On Sundays, Texans are allowed purchase beer and wine from noon to 9
p.m. It is also legal to purchase liquor by the drink at restaurants and
bars, but not by the bottle. "We don't understand the equity in that,"
said Alan Gray, executive director of Licensed Beverage Distributors.
But the legislation faces an unlikely opponent: some liquor stores
themselves. The cost of operating stores an extra day and for longer
hours, they say, would eat up any additional profits.
"We won't generate enough sales to handle the change," said David
Jabour, president of Twin Liquors, a family-run chain based in Austin.
The 1,600 locally owned liquor stores in Texas would suffer the most
from the growing overhead, said Lance Lively, executive director of the Texas Package Store Association, which represents hundreds of liquor stores across the state.
"I spoke with a liquor store in Columbus, Texas, and the woman said,
‘If we're going to be forced, not by the law but by competition, [to
stay open Sunday], it's just not going to be cost-effective and we're
going to close our doors," Lively said.
Jabour also cited a potential decline in the quality of labor at
liquor stores, saying "higher-quality employees" seek positions that do
not require them to work Sunday.
Supporters of the bill, primarily alcohol distributors, said the sales and tax revenue boost would make up for any other costs.
"[Opponents] say the increase in sales would be marginal, but when we
look at what happens in other states that repealed blue laws, we see
the opposite happens," Gray said. "Sunday has become the second-busiest
shopping day of the week, and we think that it's an inconvenience for
all Texans not to purchase liquor by the bottle on Sundays." Gray's
biggest client is Glazers, a Texas-based alcohol distributor with
operations in 13 states.
Thompson's staff noted that the legislation would not require liquor
stores to open on Sundays, but Lively, of the Texas Package Store
Association, disagreed. "If your competitors are open Sunday, it's going
to force you to be open, too," he said.
Carolyn Beck, a spokeswoman for the Texas Alcoholic Beverage
Commission, said that any change in law would have little impact on the
commission's operations.
Similar bills have come before the Legislature in the last three sessions, but none have made it out of committee.
"There's not agreement in the industry, so change comes slowly," Gray said.