Sleepless in Olympia: I–1183 in Transition Presented by: Pat Kohler, Agency Director March 7, 2012 Agency Goals: • Orderly transition by May 31, 2012. • Meet the timelines and the requirements spelled out in the initiative. • Advert harm to contract, tribal and military stores. • Maximize reasonable value for our assets. 2 I-1183 Timeline • December 8, 2011 – I-1183 becomes law • March 1, 2012 – Distributor and COA’s licenses active • May 31, 2012 – State business operations close • June 1, 2012 – Spirit Retail licenses active 3 Implementation Project Teams Audit Team Legal & Policy Team Product Supply Team Employee Transition Team Communication Team State Liquor Store Team Contract Liquor Store Team Asset Disposal Team Reverse Logistics Team Warehouse Hibernation Team State Store Auction Team Warehouse Regulatory Team Organizational Structure Rulemaking Team Sale Team IT Team 4 Key Activity Timeline Activity Jan Feb Mar Apr May Jun Jul Aug Sep Store Audits State Store Auction Store Closures Reverse Logistics Employee Layoffs Asset Disposal Warehouse Hibernation 5 Key Agency Challenges • Administering layoff of over 1,000 employees under two complex collective bargaining agreements. • Providing full retail services through May 31, 2012, yet ensuring that inventories are depleted at the end of the day. • Conducting audits of over 300 store locations in eight weeks. • Auctioning of State Store Rights at locations that are owned by 3rd parties. • Changes to the existing regulatory system. 6 Supplier Buy Back Agreement • 124 suppliers established agreements, representing 99% of spirits. • Only 96 of 424 (22%) listed beer, wine & mixer products will be covered by an agreement. • 2,225 of 2,850 (78%) special order spirits will be covered by an agreement. • Reversed logistics. 7 State Store Auction • A successful bidder owns the exclusive right to apply for a spirit retail license for the existing location. – – – – Allow for liquor sales at a premise under 10,000 sf2 Location is not subject to local jurisdictional challenge The “right” is sellable, transferable, and re-locatable No obligation to operate a liquor licensed business • Public on-line auction. – Individual store locations – All system bid – 45 day window • Maximum reasonable value. – Criteria to determine total revenue factoring in cost avoidance 8 Regulatory Changes Uniform Pricing: • Is repealed for spirits and wine (No sales below acquisition cost). Ban on quantity discounts: • Is repealed for spirits and wine (No sales below acquisition cost). Ban on Central Warehousing • Is repealed for spirits and wine. Ban on Retail to Retail Sales: • Is repealed for spirits and wine to a degree (24 liters per sale to an on-premises licensees). Liquor Markup & Taxes: • The markup is removed. • Removes the 15% discount on the purchase of spirits by retail on-premises spirits liquor licensees. 9 Current 3-Tier System Producer/Manufacturer Typically a brewer, winery, or distillery Distributor Companies specifically designed to sell specific products to restaurants, bars, stores, etc. Retailer Grocery & liquor stores, bars, restaurants, etc. Consumer 10 I-1183 Model Producer Distributor Off Premise Retailer On Premise Retailer Consumer 11 Producer In State Producer • Privileges – Sell to Distributor – Sell to Retailer – Sell to Consumer at the Distillery • Costs – 10% distributor fee on sales to Retailers – 17% retailer fee on sales to consumers Out of State Producer • Privileges – Sell to Distributor – Sell to Retailer • Costs – 10% distributor fee on sales to Retailers 12 Distributor • Privileges – Sell to Distributor – Sell to Retailer • Costs – 10% distributor fee on sales to Retailers (first two years) – 5% distributor fee on sales to Retailers – $150 million distributor assessment for “holders” of a distributors license (for the period March 2012 – March 2013) 13 Retailer Off Premise On Premise • Privileges • Privileges – – – – No Uniform Pricing Quantity Discounts Central Warehousing Retail to Retail Sales (limited to 24 liters/day) • Costs – 17% retailer fee on all spirit sales – No Uniform Pricing – Quantity Discounts – Central Warehousing • Costs – 17% retailer fee on all spirit sales Additional Requirements: Must maintain 10,000 ft2 of retail space 14 I-1183 Model Producer Distributor Off Premise Retailer On Premise Retailer Consumer 15 Current Applications by License Type License Type Applications Spirit Certificate of Approval (COA) 24 Authorized Representative COA (Foreign & US) 77 Spirit Distributor 39 Spirit Retailer 789 Contract Liquor Stores 66 Wine Seller Reseller Endorsement 284 As of March 1, 2012 16 Q and A 17