IV 

116TH CONGRESS 

1ST SESSION H. RES. 285 

Recognizing over 85 years of successful State-based alcohol regulation since 

the creation of an effective system of independent beer, wine, and spirits 

distribution. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2019 

Mr. KILMER (for himself and Mr. DUFFY) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

RESOLUTION 

Recognizing over 85 years of successful State-based alcohol 

regulation since the creation of an effective system of 

independent beer, wine, and spirits distribution. 

Whereas Federal and State regulation of the licensed alcohol 

beverage industry has effectively balanced competition 

with control, while maintaining an orderly, transparent, 

and accountable market, and has moderated the responsible sale and consumption of alcohol, while promoting 

consumer choice and variety; 

Whereas regulated commerce of alcohol beverages annually 

contributes $136 billion in Federal and State tax revenues as well as $682 billion to the United States economy, and further supports the employment of 4.7 million 

people in the United States in more than 25,000 perVerDate Sep 11 2014 00:41 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR285.IH HR285

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•HRES 285 IH 

mitted breweries, distilleries, wineries, more than 20,000 

wholesale distributor facilities, more than 640,000 retail 

outlets, and numerous agricultural, construction, manufacturing, transportation, and service industry businesses; 

Whereas prior to the passage of the 18th Amendment to the 

Constitution (Prohibition), which prohibited ‘‘the manufacture, sale, or transportation of intoxicating liquors’’, 

the lack of sufficient regulation led to widespread abuses 

of alcohol distribution and consumption to the detriment 

of the public health, welfare, and safety; 

Whereas after its passage, a dramatic increase in illegal activity occurred, including unsafe black market alcohol 

production, a growth in violent organized crime, and increased noncompliance with alcohol laws; 

Whereas, in 1933, the 72d Congress submitted to the States 

the question of repealing the 18th Amendment and requiring the transportation or importation of alcohol beverages for delivery or use in any State to be carried out 

in compliance with the laws of that State; 

Whereas Congress has consistently recognized and respected 

the primary authority of States to regulate alcohol in 

order to promote orderly, safe, and stable markets, efficient tax collection, and temperance, as evidenced by and 

through passage of the Webb-Kenyon Act, creating an exception to the Commerce Clause and empowering States 

to regulate the importation and sale of alcohol beverages 

within their own borders (originally enacted in 1913; 27 

U.S.C. 122), the Federal Alcohol Administration Act (27 

U.S.C. 201 et seq.), the 21st Amendment Enforcement 

Act (27 U.S.C. 122a), and the Sober Truth on Preventing Underage Drinking Act (Public Law 109–422; 

120 Stat. 2890); 


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•HRES 285 IH 

Whereas, for decades, the legislatures and alcohol beverage 

control agencies of the 50 States have exercised their primary authority under the 21st Amendment to ensure the 

creation and maintenance of State-based regulatory systems for alcohol distribution, promote accountability and 

responsibility by licensing local vendors of alcohol, prevent the vertical integration of the alcohol industry, and 

maintain the integrity of a three-tier system made up of 

producers, importers, wholesale distributors, and retailers; 

Whereas unlike other nations, the development of a transparent, efficient, and accountable United States system 

for the distribution and sale of alcohol beverages, temperance in consumption and sales practices, efficient tax collection, and other essential public health and safety policies have been successfully guided by the collective experience and cooperation of government agencies and licensed 

industry members throughout the geographically and culturally diverse Nation; 

Whereas the State-based system of alcohol regulation and a 

system of independent distribution have resulted in reducing barriers to market and providing unprecedented 

choice, variety, and selection for consumers; and 

Whereas members of the licensed alcohol beverage industry 

have created, funded, and supported a wide range of national, State, and community programs to address problems associated with alcohol abuse, including drunk driving and underage drinking: Now, therefore, be it 

1 Resolved, That the House of Representatives— 


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1 (1) acknowledges over 85 years of effective 

2 State-based alcohol regulation since the passage of 

3 the 21st Amendment to the Constitution; 

4 (2) commends State lawmakers, regulators, law 

5 enforcement officers, the public health community, 

6 and industry members for achieving a workable, 

7 legal, and successful system for the distribution and 

8 sale of alcoholic beverages; 

9 (3) recognizes that an independent distribution 

10 system helps facilitate an orderly marketplace for al11 cohol that provides unprecedented choice and vari12 ety, aids in the efficient collection of taxes, protects 

13 consumers and the public, and works to balance ro14 bust competition and appropriate control; and 

15 (4) reaffirms the continued support of Congress 

16 for policies that allow States to effectively regulate 

17 alcohol. 

Æ 


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