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MLBA
Exec. Dir.
Jim Farrell
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From
the Dec/Jan 2000 issue of PROOF
Magazine
For almost
a year I have been meeting with police chiefs,
mayors, public health officials, University
researchers, legislators and even UPS to discuss
the illegal shipment of alcohol. Some call the
issue Direct Shipment others call it Internet
bootlegging. Progress has been slow on getting
government to understand the issue. Response
depends on the individual's political and economic
agenda.
If you are
a trucking company, you claim there is no issue
because you want the money made off of the
deliveries. If you are a lobbyist for the wine
industry, you attack the three-tier advocate, you
claim the issue is an attempt to side track the "real" issue which is the need to prohibit the sale
of alcohol to minors. This position guarantees
continued funding for your job and so called
compliance.
Unfortunately,
while all these groups play their political games,
technology keeps moving ahead. By the time public
health officials figure it out, it might be too
late. By the time public safety officials and
politicians are ready to do something, lobbyists
will be smiling all the way to the bank. What most
likely will happen is the end of face to face sales
of alcohol. The ability to card underage
individuals and the ability to prevent serving
obviously intoxicated people.
If you
think I am crying wolf, chew on these simple facts
for a while. This summer, San Francisco Bay Area
residents experimented with interactive television.
Individuals were given Microsoft's WebTV Plus, a
small cable box that sits on top of a television.
The unit provided viewers the opportunity to order
Domino's Pizza by simply pointing and clicking
their remote control at enhanced television
commercials. In a 10 hour period during a Star Trek
marathon, an estimated 1,000 viewers ordered 140
free pizzas. In a follow up survey conducted by
e-mail, 96% of those that participated in the test
said they would buy pizza via television in the
future. 98% said they would buy other products as
well. So why not order a cold beer next time to go
with the pizza.
If you fall
into the group of folks that still thinks this is
not an issue, you probably think the technology is
a few years away. Think again. This Fall "convergent programming" occurred nationwide.
"Convergent programming" is an industry term for
enhanced television commercials. These commercials
let the viewer interact and in some cases receive a
product. Game shows, children's programming and
sporting events allow consumers the opportunity to
take action during the commercial.
So you
figure people will just change the channel and not
interact with the commercial? Well some investors
think you are wrong. Some analysts are betting that
this new interactive age will generate a $3.8
billion industry reaching 24 million households by
the year 2004. And you thought your only
competition was the liquor store or bar down the
street.
Still are
not convinced? Check out what Microsoft is planning
for its WebTV. Advertisers include IBM, Maytag,
Ford and Warner Brothers for this fall. A
competitor, Wink Communications based in California
has signed up Procter & Gamble, AT&T,
General Electric, Charles Schwab, and Levi
Strauss.
You say
that this is not California and Minnesota will not
operate the same way. Guess again. In this land of
frozen winters, I recently exchanged my old cable
box. My new box looks different. Words like Buy and
Sel are on the front. Buy is obvious, but what am I
going to Sel? Then I was told that Sel was short
for select, which had nothing to do with selecting
a television station. Sel was on the box to provide
me a convenient way to order goods and
services.
How might I
use this new Sel button. Maybe I could use it to
connect to the Internet to go shopping at
www.AsSeenIn.com. This web site features
furnishings, clothing and props from television
shows like 7th Heaven and Beverly Hills 90210, both
produced by Aaron Spelling who is also a major
shareholder in www.AsSeenIn.com. After watching the
Spelling televisions shows, I decide I want to buy
the sofa from scene one. Maybe the dress or suit
worn by a new rising star in scene four. The
possibilities are endless.
For
example, what if Aaron Spelling owns a winery and
wants to market directly to television viewers.
During one of his shows a certain wine is viewed
being consumed by actors with several shots of the
bottle and its label. The next thing you know, you
the television viewer have the opportunity to order
the same bottle of wine shipped directly to your
home at the same price as your local liquor store.
How is it possible that it is a lower or
competitive price? The winery gets to collect the
wholesale mark up, the retail mark up and the sales
tax without liquor liability insurance. Clearly
there is enough profit to cover the shipping
costs.
So maybe
your response is that this is all to do about
nothing, the FCC regulates television commercials
promoting alcohol and the government will not let
this happen. The government is supposed to stop
illegal Internet sales and as you are reading this,
consumers are ordering alcohol over the
Internet.
Whatever
your views concerning the technological impact on
the licensed beverage industry, one thing is
certain, MLBA will be there leading the fight for
Minnesota businesses. It is unfair to do "stings"
of legitimate businesses and allow illegitimate
commerce to occur that avoids dram shop liability,
taxes, government regulation and sales to underage
individuals. If you want your voice heard and are
not a member of MLBA, please consider this an
invitation to join. Pick up the phone and call
Rhonda Baack at (651) 772-0910. As my old law
professor and now Judge Jack Davies used to say to
me, "the world is ruled by those that show
up."
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