08/24/2020 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

Massachusetts Package Stores Association Inc. 30 Lyman Street-Suite#2 1 Westborough,MA 01581 Phone:(800)322-1383 or(508)366-1100 1 Fax:(508)366-1104 1 www.masspack.org August 24,2020 Board of Selectmen Town of'Mashpee 16 Great Neck Road North Mashpee,MA 02649 Dear Honorable Members of the Mashpee Board of Selectmen, The Massachusetts Package Stores Association wishes to offer testimony concerning the proposed banning of the sale of liquor bottles containing 50 milliliters.Bans of this nature generate no measurable impacts on systemic littering or public intoxication',but they do directly harm local businesses.What works is private—public partnerships between retailers and i municipalities.Progress n Chelsea upholds our assertions. It is a private—public partnership that reduced public intoxication in Chelsea. That effort(not recognized enough)is ongoing and continues to succeed. Please also be aware that it was due to consensus of the litigation parties that the legal issues in Chelsea were not addressed by a court. Indeed,the illegal modification of Section 15 licensees that was demonstrated in past litigation to be a violation of due process is still a ripe issue.Meanwhile,any local ban, which could be litigated in Superior Court, will unnecessarily hurt Mashpee businesses because it directs residents to shop in other cities and towns. Local retailers in Mashpee help generate over 19,000 Massachusetts jobs and they are part of an industry that provides over$97 million.excise taxes to the state. In addition,it is local retailers who are frequently the contributors to in-town charities, little league teams, and beautification initiatives such as the Keep American Beautiful(KAB)program that is currently encouraging Massachusetts consumers to properly dispose of their nips bottles in store provided bins located at participating retailers. These bins are maintained by the stores at no expense to the municipality. Another issue to consider is whether the ban will do more harm than good. This observation is relevant,because banning nips has no causational relationship with discarded lottery tickets, fast food containers,plastic fluid- ottles cigarette butts and other trash across the state. The ban also has the irrational consequence of a town government publicly encouraging over-consumption of alcohol beverages. People will buy the next size up from nips. They hey will also shop elsewhere and bring nips back to Mashpee. Another likely consequence will be the development of an illegal market of nips in Mashpee. All of these outcomes occurred in Chelsea.What worked but receives little attention is private—public partnerships. The best solution is expansion of the KAB program and beverage alcohol training for retailers. This approach is working right now across the state. The point is that bans do nothing to end littering or public intoxication.Entrepreneurial individuals will also be creative just as they were during Prohibition. An illegal market will develop in Mashpee. Meanwhile, law abiding businesses will be hurt hard because consumers will shift their entire purchasing habits outside of Mashpee. Being denied 30—50%of existing revenues will tip the scales for many Mashpee retailers. In conclusion,the proposed ban is over-broad,will have no impact,and it will result in hardship for retailers. There are I n e I reasonable alternative means to achieve better results.It is our hope that a partnersh*p ca be forged between retailers and the town toward this end. Thank you for the opportunity to voice our concerns. Please reach out with any questions. Respectfully submitted, Robert A. Mellion, Esq. Executive Director'General Counsel The Massachusetts Package Stores Association (M.�'`�A) is a non-profit trade organization representing locally owned . Jr retailers of beer, wine, and spirits across Massachusetts'. The Board of Directors ofMPSA are primarily comprised of ownerloperators of beer, wine, and spirits stores. Contact MPSA with any questions at'(800) 322-1383, or email in/66��masspack.orz Visit the MPSA website at.- m4twl,llm �Lia