Newspaper Archive of
Hays Free Press
Kyle, Texas
November 9, 2011     Hays Free Press
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November 9, 2011

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I Page 6C Hays Fr~ COU.ESY PHOTO COURTESY PHOTO Fzre prevent,on awareness ] PrlllrI~llm~ll~|Nn Af hlllnNr .... , October brought in cooler weather and fire prevention awareness for Mrs. ..vv.u...u~.v.. v. HVHUe :: I N!nas d(. Kinder class. The class read "Matthew and the Midr)ight Fire- On Tuesday, November 1,201 l~;!the City of Kyle presentedKyle/Buda VFW Post 12058 with a proclamation, I: fighter'! by Matthew Martchenko then each child made their own fireman honoring National Veterans Day on November, 1ii Accepting the proclamation are members of the VFW I COstUme. The (~hildren learned that firemen are community h~lpers and including left to right: David Lyle (Post Adjutant), Jimmie Quintero (Senior Vice Commander), Sheila Dwyer I play a very important role in the safety and protection of everyone in the (Post Commander), Sly Bennett (Post Member), Kyle Mayor Lucy Johnson, Kyle City Councilma~ and Post I community. Left to right are Emme Davilia, MaryAlice Vigil, (~laire Os- Member David Wilson and Lou Nelson (Honor Guard). I borne and Alejandra Perez. / BY EVA' HERSHAW Reporting Texas rt the Jester King Craft ewery, in the hills just st of Austin, manag- ing partner Ron Extract can explain the differences between Cascade and Amarillo hops~ directly to consumers. "The fact that Texas brewers caimot do this puts us at a huge disadvan- tage," said Extract. "We don't want to see distrib- utors disappear, but there is an element of throwing the baby out with the bathwater here," Extract said. "This also des into the whole 'locavore' movement. He can explain what gives "Das More and more customers want Wunderldnd" beer its "delicate beer with a sense of place, and tartness" and "Commercfal Sui- they want an opportunity to get cide" its "oaky nqtes.' He cann0t t0~ow the people who make sellyou a glassof~ither.:N0rC~ iff he tell you where Jester King's' : Loc~ ~efies have no beers are sold. According to the Texas Alcohol and Beverage Commission code, both activi- ties are illegal. Frustrated by Texas law, and with wide support from the brewing commtmity, Jester King recently announced that it had sued the commission in federal court in Austin on the premise that its code violates rights guar- anteed under the First and 14th Amendments to the Constitu- tion. In Texas, brewers have two choices. They can become a "brewer," a classification which prohibits on-site beer sales, but allows them to sell theft beer to a wholesaler and, if they pro- duce less than 75,000 barrels of beer a year, do a small amount of self-distribution. (2)r, they can become a"brewpub," such as Austin's local Black Star Co-op, a classification that allows a brewer to sell beer on site, but not to a wholesaler or through self-distribution. "We felt that there was an injustice present that needed to be corrected," Extract said. "The scene in Texas is ripe for craft beer, but current regulations are hampering that." Current law regarding alco- holic beverages is a three-tier system that maintains strict separation between manufac- turing, wholesaling and retail. Originally it was intended to prevent large producers from establishing monopolies. "In theol~, it's a good idea," Extract said. "But as the industryhas evolved, it's no longer the case that the most powerful player in the chain is the supplier." Wholesaler lobbies, such as the Wholesale Beer Distributors of Texas. have helped keep the system as it is, he said. Repeated attempts to obtain comment ffomWholesale Beer Distributors weren't successful. Extract said that the current legal structure causes lost op- porttmifies for microbrewers and the Texas economy. Argu- ing in his favor are the states of Washington, Oregon and California, which have grown some of the most successful microbreweries in the count~, largely because of their ability to operate tasting rooms, shops, off-site restaurants and bars where they sell their products such problem. "Wineries are authorized to make wine, sell to wholesalers, retailers and consumers on premises," said Carolyn Beck, director of communications and govern- mental relations at TABC. "I can't comment on any pending litigation, and I can't talk about the background of these laws because that gets to the heart of the lawsuit." The difference in the way the law treats brewers and winer- ies, Extract said, might stem from images that people have of breweries as "big, industrial fac- tories" and wineries as "mom- and-pop operations." "I don't know to what extent this was ever really a valid distinction," he said. "But it certainly isn't now.', Extract said he thinksstate alcohol law violates the First Amendment by restricting advertising and labeling. "Breweries cannot in an advertisement refer to alcohol over s: PHOTO BY EVA HERSHAW Ron Extract, managing partner of the Jester King Craft Brewery, speaks at a brewery event in the Hill Country. Last month, the brewery sued the TABC over claims they have violated the First and 14th Amendments. content on radio broadcast- ing, newspapers, periodicals or other publications," Beck said. They can't advertise with signs and outdoor advertising or with any printed or graphic matter." Texas liquor law also limits the ability of brewers to point customers to their beer in the retail market. "Limitations on 'advertise' that are so broad and~0ye~ac~hi~g:that they've beefi interpreted as prohibiting us ~om telling ~ consumers where they can'buy our prod- ucts," Extract said. Beer makers are also dis- satisfied with labeling roles, which will be:~0ther focus of Christmas Light Park! AUSTIN Buda@(~ 83o-743-1293 ! 1750 FM 1626, BUDA, TX NOV. 19 Bobby Pounds 8:30 p.m.-12:30 a.m. / ii i DEC. 3- People's Choice Band ..... 9 p.m.-1 a.m. DEC. 31- People's Choice New Year's Eve All ages welcome * $12 cover 21 & up * $10 cover 6 - 20 BYOB (Beer or Bottle} * Setups, soft drinks & food will be sold For more info call 512-294-9578 or 512-923-5823 the Jester King lawsuit. Beer is defined byTABC as amalt beverage containing less than 4 percent alcohol by weight. Ale and malt liquor are malt beverages that contain more than 4 percent. This is confus- ing, Extract said, given that it is possible, and common, to have a beer above 4 percent alcohol that is not an ale. Likewise, an ale can be brewed to contain less than 4 percent. ale at or below 4 Oct. 24. have been introduced isthe first time been taken to court by Session, House Bill 602 the House Bill 660 passed," Rilleau, 26, 'Save Texas He would like to craft beer in this cit~ had to travel to festivals our name out." WEDNESDAYS: FREE THURSDAY: HAPPY HOUR HAPPY HOUR 3-7 P.M, MONDAY-FRIDAY 9 P.M.- E Texas Crossword, from pagt ~udoku ~olu i~a Sudoku Puzzle, from pagel3C ___J BAR OD DAY ALL DAY NIGHTLY 4-