Opinion

Opening date for breweries: A dilemma that needs to be addressed

|Russell Voss, NU Brewery|

On May 14th the MAINE BUREAU OF ALCOHOLIC BEVERAGES & LOTTERY OPERATIONS (BABLO) released a memo regarding brewery guidelines for reopening.  The memo identified only those breweries that have a restaurant license attached to their brewery license as able to open June 1 with specific public health and safety guidelines applied.  There are very few breweries that have such a license out of the ~120 active breweries in Maine.  The breweries without such license attached (majority) are allowed to reopen only on July 1.  This means we will not be allowed to open outside seating until July 1 for beverages.  As Yolked Foodtruck is a separate entity though onsite permanently they are able to open June 1 with our vast outside area and specific public health and safety guidelines in practice but the brewery will not be allowed under the current guidance.  

After reading the BABLO memo, I wrote a letter to both Governor Mills and Heather Johnson, Commissioner, Maine Department of Economic Community Development (DECD) requesting an exception to that guidance as we are located in a rural community, have strict public health and safety practices in-place, and have a vast outside area that complies to the guidelines for restaurants that opened throughout the state on May 18th.  That letter has gone unanswered for almost two weeks. During this same period of time the Maine Brewers Guild asked membership to be patient and silent to allow the Guild to lobby the Governor, DECD and BABLO to reconsider the memo based on outside seating with public health and safety guidelines in-place with no success.  


Now, we are called to action by contacting legislators.  I understand the New Gloucester state representative and senator have asked for a rural exception for businesses also.  
Waiting to July 1st to reopen would be a significant challenge for any business.  We have a vast outside space and take public health and safety very seriously.  That is the basis for asking for the June 1st timeline to stand that was communicated to breweries upon the announcement of the Governors’ reopen plan.  

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Maine brewers release statement expressing concern over state’s reopening plans, seek option to open for outdoor service.

PORTLAND, Maine (May 26, 2020) – As the debate between public health and safety and economic productivity rages on, the trade association for Maine’s beer brewers released a statement raising significant concerns with the state’s methodology for determining which establishments are permitted to reopen June 1st and which have to wait until July 1st. Specifically, the reopening plan for restaurants, bars, and breweries as proposed by the state does not adequately account for public health and safety.

“Instead of relying on science and data to create reopening timelines, as has been promised by our leaders, the state is using liquor license classifications as the sole determinant of when restaurants, bars, or breweries can reopen. Liquor licenses are an arbitrary metric that have no relation to physical space or access to outdoor seating – two primary factors in the ability to reduce transmission of COVID-19. Liquor licenses serve to define what drinks an establishment is permitted to sell and what percentage of sales must be food sales – which has no bearing on ensuring public health or safety in a pandemic.

The Maine Brewers’ Guild is urging our state government to reconsider their reopening timelines, prioritizing the ability to offer outdoors service as the primary determinant of when a brewery, bar, or restaurant can reopen, and not liquor license classifications.

In Vermont, New Hampshire, and even the City of Boston, leaders have taken steps to prioritize opening up businesses with outdoor seating, while recently released CDC guidelines for reopening make no distinction between restaurants and bars. Maine brewers are fully prepared and plan to adhere to the same standards as restaurants.

As an industry, we have tried to productively engage state government by providing checklists for reopening, offering an individual brewery member’s detailed plans, and examples of other states and cities who are using common-sense outdoor dining metrics as the primary metric to determine reopenings. We have done this all in an effort to encourage them to reconsider their decision to use liquor licenses as the sole determinant of reopening date. Unfortunately, our efforts have been rebuffed. 

Maine brewers appreciate the fact that extremely hard, unprecedented decisions need to be made which balance public health and economic considerations. We want to be clear that our opposition is not linked to a singular desire to reopen our businesses as soon as possible, nor is this about partisan politics. We also condemn illegal behavior and do not support members who reopen in violation of the law.

Challenging times require innovation and our brewers have adapted rapidly to changing consumer preferences and new metrics for safe service – offering curbside pickup and beer deliveries. But this is not enough, and while brewers in New Hampshire and Vermont reopen with outdoor seating, Maine breweries are at a competitive disadvantage and on the verge of shuttering for good.

These Maine breweries, which have been breathing life into long vacant Main Streets and creating family-friendly, community gathering spaces in rural communities where no spaces existed before, are now on life support. The difference between opening June 1 – even if for outdoors service only – versus July 1, will be the difference between success and failure for many. This isn’t about beer. This is about people, Mainers, and a better way forward.

So when you’re faced with a situation where a 500 sq. ft eatery with indoor-only dining is able to reopen, but the brewery across the street with thousands of square feet of outdoor patio space can’t open for another month, ask yourself the same question we are posing, ‘Does this make sense? Is the state following their commitment to ensure my safety?’

A more comprehensive, science-based methodology needs to be employed to ensure the health and safety of Mainers is protected while we seek to restore economic livelihoods. There is a better way to strike this balance than simply relying on licensing classifications, and though our efforts were initially rebuffed, we remain committed to working with the state to achieve it. The survival of our industry and our customers depends on it.”

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The Maine Brewers’ Guild is a nonprofit organization dedicated to promoting and protecting the craft beer industry in Maine. The Guild represents brewers who brew 99.9% of beer in Maine. More information and a list of members can be found at mainebrewersguild.org.
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