Mar. 24, 2010: Should Mass. restaurants serve alcohol on Sunday?

>> GOOD EVENING.
MASSACHUSETTS BLUE LAWS HAVE
LONG BEEN THE PAIN OF BUSINESS
OWNERS WHO CLAIM THE LAWS ARE
OUTDATED.
NOW RESTAURANT OWNERS ARE
TAKING AIM.
THEY WANT TO OVERTURN A
STATEWIDE BAN THAT PREVENTS
THEM FROM SERVING ALCOHOL
BEFORE NOON ON SUNDAY.
HOPING TO PUT BOOZE NEXT TO
BAGELS ON THE SUNDAY MORNING
BRUNCH MENU.
WHILE FIRE FLIES BARBECUE AND
FRAMINGHAM IS OPEN EVERY
SUNDAY MORNING FOR BRUNCH,
PATRONS LOOKING FOR A LITTLE
WEEKEND BOOST FIND A REAL BUZZ
KILL.

>> YOU WALK INTO THIS
RESTAURANT, YOU SEE A FULL BAR,
ALL THE BOTTLES ON DISPLAY AND
YOU SAY, I WOULD REALLY ENJOY
THAT ZESTY BLOODY MARY WITH
YOUR BARBECUE BUFFET, AND I
CAN'T GIVE IT TO YOU.

>> THAT'S BECAUSE THE STATE'S
BLUE LAWS BAN RESTAURANTS FROM
SELLING ALCOHOL BEFORE NOON ON
SUNDAYS.
THE 300-YEAR-OLD RESTRICTIONS
ORIGINALLY INTENDED TO CURB
BAD BEHAVIOR ON THE CHRISTIAN
SAAB BATH.
SOMETHING FIRE FLOOITS OWNER
SAYS IS RIPE FOR CHANGE.

>> WHEN THEY'RE HERE AND WHEN
WE DON'T ALLOW THEM TO BE ABLE
TO PURCHASE A BLOODY MARY AND
THEY CAN JUST HAVE A JUICE OR
A COFFEE, THAT'S REVENUE RIGHT
OUT OF OUR POCKETS.

>> HE AND A HOST OF OTHERS ARE
BACKING THE RESTAURANT
REJUVENATION ACT, WHICH WOULD
ALLOW ESTABLISHMENTS TO START
POURING AT 10 A.M. INSTEAD OF
NOON.

>> THIS IS A NEW AGE, A NEW
ERA AND PEOPLE SHOULD BE ABLE
TO DO WHAT THEY WANT TO COULD
DO, AND I DON'T THINK THAT
HOUR AND A HALF IS GOING TO
MAKE A DIFFERENCE.

>> ALSO HOPING FOR CHANGE ARE
WAITRESSES WHO SAY A BLOODY
MARY MEANS MORE MONEY AND CUST
MERLS.

>> WHEN I SAY I'M NOT AL
THROUGHED TO SERVE YOU ALCOHOL
UNTIL NOONTIME, THEN THEY
WOULD WALK OUT, I'VE HAD THAT
HAPPEN NUMEROUS TIMES.

>> THE ONE BLUE LAW EXCEPTION
IS IN SUFFOLK COUNTY WHERE
SELECT RESTAURANTS ARE
PERMITTED TO SERVE ALCOHOL
EARLY, AN IDEA THAT SITS WELL
WITH PATRONS.

>> YOU NEED TO BE OPEN MORE TO
WHAT THE PUBLIC WANTS.

>> SHOULD BE UP TO THE
INDIVIDUAL BUSINESSES AS TO
WHEN THEY WANT TO START
SERVING THE PUBLIC, AND NOT UP
TO THE GOVERNMENT TO DICTATE
WHEN WE SHOULD BE SERVING
ALCOHOL.

>> SO THERE.
JOINING ME NOW IS DAVE
ANDELMAN OF THE PHANTOM
GOURMET WHO IS BACKING A BILL
TO ALLOW EARLIER SUNDAY
SERVING.
REST RA TOUR JEFF GATES WHO
OWNS AQUITAINE AND THE GAS
LIGHT BRALSERI, AND DAVID
ROSEN BLOOM, A PROFESSOR OF
PUBLIC HEALTH AT BOSTON
UNIVERSITY.
WELCOME TO AWFUL YOU.

>> THANK YOU.

>> I'M NOT A BIG BRUNCH
PERSON.
I DIDN'T KNOW YOU COULDN'T GET
A DRINK AT 10 OOM A.M..

>> YOU JUST RUINED MY WHOLE
SALES PITCH.
MASSACHUSETTS LAW RIGHT NOW
ALLOWS RESTAURANTS TO SEVEN
ALCOHOL MONDAY TO SATURDAY
BEGINNING AT 8 A.M..
SUNDAY NOT TILL NOON.
SO THE RESTAURANT REJUF FACE
ACT WILL BE INTRODUCED IN THE
SENATE TOMORROW, IT BIPARTISAN,
ONE REPUBLICAN, ONE DEMOCRAT.

>> WHO CAME UP WITH THE
REJUVENATION?

>> I'M NOT GOING TO SAY I
WROTE, THAT BUT I DID.
ANY WAY THIS IS A SERIOUS BILL
AND HERE'S WHY.
I THINK IT WILL REALLY HELP
RESTAURANTS, BECAUSE PEOPLE
WILL BE ABLE TO START THEIR
BRUNCH EARLIER, A LOT OF TIMES
THEY SKIP IT BECAUSE THEY
CAN'T GET A DRINK, AND THEY'RE
HURRYING HOME FOR A GAME THAT
STARTS AT 1:00.
AND IT WILL ALLOW WAITRESSES
AND PEOPLE THAT DON'T AND
TEENAGERS TO TAKE AN EXTRA
SHIFT AND MAKE MORE MONEY.
IT'S GOOD FOR TOURISTS,
CITIZENS, OWNERS AND
GOVERNMENTS, BECAUSE THEY'LL
GET THE MEALS TAX AND INCOME
TAX.

>> DO PEOPLE COME IN LOOKING
FOR, AND DO YOU HAVE ANY OTHER
WAIVERS?

>> ABSOLUTELY.
FIRST OF ALL I WANT TO THANK
DAVE FOR THE ACT.
BECAUSE IT REALLY WOULD HELP
ALL THE INDUSTRY.
WE HAVE A LOT OF PEOPLE COMING
IN, THERE'S A SIGNIFICANT
AMOUNT OF CONFUSION.
SO MY FIRST ISSUE THAT I TAKE
IS WHEN THERE'S CONFUSION
ABOUT A LAW AND HOW THE LAW IS
APPLIED AND WHERE IT'S APPLIED,
THAT IN ITSELF ALWAYS IS A RED
FLAG FOR ME.
SO RIGHT OFF THE BAT IT
GETTING THINGS TO BE SOME SORT
OF A STANDARD.
BECAUSE NOBODY --
EVERYBODY IS CONFUSED BY IT.
EVERYBODY IS, LIKE YOU,
DOESN'T KNOW, THEY ALL KNOW
THEY CAN'T DRINK AFTER 1 OR 2
A.M. IN THE MORNING, THEY JUST
ARE NOT AWARE WHEN THEY CAN
START AGAIN.

>> SO SOME OF YOUR RESTAURANTS
DO HAVE AN EARLY LICENSE?

>> YES, A FEW OF OURS DO HAVE
AN 11 A.M., THE SUFFOLK
OVERRIDE, AND A FEW OF THEM
DON'T.
AND IT IS A CHALLENGE.

>> YOU THINK IT WOULD MAKE A
BIG DIFFERENCE IN BUSINESS?

>> ABSOLUTELY, WITHOUT A
DOUBT.
WE HAVE PEOPLE THAT DON'T COME
IN UNTIL THEY CAN HAVE A
BLOODY MARY OR MIMOSA.
AND THAT'S REALLY WHAT WE'RE
TALKING ABOUT HERE.

>> IF YOU DO AN EXTRA HUNDRED
BRUNCH ELSE, AVERAGING $20,
2,000 A WEEK, 100,000 A YEAR,
IF HUNDREDS IF NOT THOUSANDS
OF RESTAURANTS START DOING IT,
YOU'RE TALKING ABOUT SERIOUS
IMPACT.

>> IT COULD BE, ESPECIALLY IN
TOUGH ECONOMIC TIMES.
DAVID, OTHER THAN THE OBVIOUS,
WHICH IS PUBLIC SAFETY, IS
THERE SOME OVERRIDING CONCERN
HERE?
IS IT COLLEGE NEIGHBORHOODS?
WHAT IS IT THAT YOU'RE MOST
CONCERNED ABOUT?

>> WELL, WESTERN CIVILIZATION
IS UNLIKELY TO FALL IF WE
START SERVING BLOODY MARY'S.
IT'S ALWAYS A BALANCING ACT.
WHEN EVER YOU EXTEND HOURS OF
SERVICE, YOU ARE GOING TO HAVE
MORE PROBLEMS SOME PLACE.
SO IT'S A BALANCING ACT.
AND DAVE WOULD LIKE THE
PICTURE OF SOMEBODY SIPPING A
BLOODY MARY OVER A LEISURELY
BRUNCH, AND THE PICTURE THAT
COMES TO MY HEAD IS A GANG OF
20 SOMETHINGS WHO STARTED
DRINKING AT TEN IN THE MORNING
AND WIND UP IN A FIGHT.

>> BUT CAB THEY DO THAT OUT OF
THEIR OWN REFRIGERATOR?

>> THEY CAN INDEED AND
SOMETIMES THEY DO.
BUT ALL OF OUR RESTRICTIONS ON
PUBLIC SERVICE ARE REALLY
BALANCING BETWEEN PUBLIC
SAFETY AND PEOPLE ENJOYING
THEIR DRINKS WITH FOOD.

>> I DON'T HAVE TO TELL YOU,
THIS WAS BURN OF PURITANICAL
LAWS.
YOU COULDN'T EVEN BUY A BOTTLE
OF BOOZE ON SUNDAY.
AND THAT WAS REALLY WITH
REGARD TO THE CHRISTIAN FAITH,
AND NOBODY EVERYBODY IS
CHRISTIAN.
BUT CAB WE HAVE A BREAK HERE
GUYS FOR LIKE FOUR OR FIVE
HOURS A DAY, OR USED TO BE NOT
UNTIL MITT ROMNEY CAME ALONG,
IT WAS REALLY FOR THE WHOLE
DAY.

>> I THINK THAT BINGE DRINKING
IS PROBABLY MORE OF A PROBLEM
ON FRIDAY OR SATURDAY NIGHT,
AS OPPOSED TO SOMEBODY WHO
WANTS TO HAVE A BELLINI WITH A
WAFFLE.
BUT ARE WE GOING TO SHUT DOWN
RESTAURANTS DURING RAMADAN OR
MAKE FINAGLE A BAIG SKPEL
UPPER CRUST STOP SERVING
DURING PASSOVER?
I DON'T THINK ONE RELIGION
SHOULD BE ABLE TO DICTATE WHAT
THE LAW IS.
WHAT REALLY IS THE BIG
DIFFERENCE NOW BETWEEN SUNDAY
SATURDAY AND SUNDAY, AND WHAT
IF YOUR DAYS OFF ARE SUNDAY
AND MONDAY AND YOUR ONLY
CHANCE TO HAVE BRUNCH IS
SUNDAY.

>> DO YOU REALLY THINK
ECONOMICALLY IT WOULD MAKE
THAT BIG A DIFFERENCE THOUGH,
A COUPLE HOURS, IN YOUR CASE
ONLY ONE HOUR?

>> ABSOLUTELY.
ABSOLUTELY.
WE DO, WE HAVE ANECDOTALS FROM
CUSTOMERS THAT ARE, A, UPSET
THAT WE'RE NOT SERVING, B,
ASKING US WHY WE'RE NOT IF
SOMETHING ELSE IS, AND C
SAYING NEXT TIME WE'RE GOING
TO COME BACK A LITTLE LATER.
I THINK IT IS IMPORTANT, AND
BOTH DAVIDS BROUGHT UP THE
POINT OF BINGE DRINKING OR AS
A PUBLIC HEALTH POLICY, I FEEL
THAT THE BEST THING WE CAN DO
WITH PEOPLE IS PULL ALCOHOL
USE OUT OF THE BASEMENT, OUT
OF THE DORM ROOM, A LOT OF
WHAT'S GOING ON THESE DAYS
WITH YOUNG PEOPLE IS WHAT'S
CALLED PRIMING.
PRIMING IS THINGS THAT HAPPEN,
IT'S WHAT KIDS DO WHEN THEY'RE
NOT ABLE TO DRINK.
THEY DO IT AT HOME, THEY GET
PREPED FOR AN EVENT AND THEN
GO OUT IN PUBLIC, PERHAPS BY
BRINGING OUT THE PUBLIC A
LITTLE EARLY ON A SUNDAY, WE
CAN ACTUALLY ALLEVIATE SOME OF
THE ISSUES THAT COME FROM
PRIMING.
AND AGAIN, FOR MY COMPANY, FOR
MY RESTAURANTS WHAT I REALLY
SEE ARE MORE SALES OF BLOODY
MARY'S AND MIMOSAS, THAT'S
WHAT THIS IS ABOUT.

>> WHO IS LIKELY TO OBJECT TO
THIS MOST STRENUOUSLY,
NEIGHBORHOOD ASSOCIATIONS?

>> I THINK IT'S GOING TO VARY
AROUND THE STATE.
AND I DON'T KNOW WHETHER THERE
WILL BE A LOT OF OBJECTION AT
ALL.
BUT PRIMING, BY THE WAY,
PEOPLE PRIME AT HOME BECAUSE
IT CHEAPER.
IT DOESN'T REALLY HAVE
ANYTHING TO DO WITH AGE, IT
HAS TO DO WITH PRICE.

>> ADULTS DO THAT, RIGHT?

>> OH YEAH.

>> COME OVER TO MY HOUSE FOR A
COCKTAIL AND THEN WE'LL GO OUT
AND HAVE A COCKTAIL.

>> I THINK IT A MATTER OF
PRICE.
AND I THINK THAT LOCAL OPTIONS
TO DECIDE THE HOURS PROBABLY
ARE MORE REASONABLE BECAUSE
THERE ARE SOME NEIGHBORHOODS,
PARTICULARLY NEIGHBORHOODS
AROUND COLLEGES, WHERE EARLY
DRINKING IS GOING TO TURN OUT
TO BE A BIG PROBLEM.
AND I THINK THAT WE NEED SOME
FLEXIBILITY HERE.

>> YOU ASKED ABOUT ECONOMICS.
LET SEE OUR A RESTAURANT
THAT'S DOING A MILLION IN
SALES AND THEY TOOK THE MEALS
TAX FROM 5 TO 7%, 20,000 OFF
THE TOP, THAT'S A FAIRLY
SIGNIFICANT HIT.
IT COULD DRIVE YOU UNDER, AND
LEADING YOU TO FIRE ALL YOUR
EMPLOYEES, WE NEED JOBS.
AND THINK ABOUT A SINGLE
PARENT THAT'S A WAITRESS OR A
BAR TENDER THAT CAN PICK UP
ANOTHER SHIFT AND MAKE ANOTHER
100 OR $200 A WEEK, 5 OR
10,000 A YEAR.

>> HOW DID YOU GET ONTO THIS?

>> THE REASON I CAME UP WITH
THE MAIN IDEA, I SAT IN THE
BACK BAY ONE DAY, WAITING TO
HAVE BRUNCH.
THEY SAID SORRY, KACHNT SEVEN
YOU A BLOODY MARY UNTIL NOON.
AND I WATCHED FIVE OTHER
PEOPLE COME IN AND ASK FOR THE
SAME THING.
AND I THINK FOUR OF THE FIVE
WERE TOURISTS, SO I WANT THOSE
PEOPLE WAKING UP IN THE CAPE
AND STAYING IN MASSACHUSETTS
NOT DRIVING BACK TO NEW YORK.
AND YES, I AM ON THE SIDE OF
RESTAURANTS.
I THINK THAT THEY HAVE BEEN
DISADVANTAGED ALL ALONG.
CAN YOU GO TO WHOLE FOODS NOW,
SPEND $1,000 ON WINE AND
LOBSTER AND PAY NO MEALS TAX.
BUT HAVE A $5 SANDWICH AND YOU
PAY A D 7% MEALS TAX, I JUST
DON'T THINK IT MAKES SENSE.
THESE ARE HARD WORKING SELF
MADE PEOPLE.
LET'S DO ONE THING TO HELP
THEM.

>> AS LONG AS WE'RE DOING THAT,
WHY NOT OPEN UP THE LIQUOR
STORES AT 8 A.M. OR 10 A.M.,
IS THERE ANY REASON WHY NOT,
BECAUSE THEY'RE STILL CLOSED
UNTIL NOON.
WOULD YOU DO THAT TOO?

>> I'M AFRAID THAT'S NOT,
THAT'S NOT INFORMATION I'M
REALLY --

>> I'M HERE TO ADVOCATE --

>> I'M GOING OUT TO WHOLE
FOODS AT 8 IN THE MORNING, WHY
CAN'T I BUY WINE FOR THE WEEK?

>> LET'S START WITH
RESTAURANTS FIRST.

>> SERIOUSLY.

>> IT'S ALWAYS THE BALANCING
ACT.
THE MORE AVAILABLE, THE MORE
EASILY AVAILABLE, THE LONGER
THE HOURS ARE AVAILABLE, THE
MORE ALCOHOL GETS CONSUMED.
THE EARLIER IN THE DAY --

>> IS THERE ANY TRUTH TO THAT?

>> OH, YEAH.
AND IN ENGLAND WHERE THEY'VE
EXTENDED HOURS DRAMATICALLY,
BASICALLY 24 HOURS A DAY, THEY
HAVE HUGE, HUGE PUBLIC SAFETY
AND PUBLIC HEALTH PROBLEMS
WITH CIRRHOSIS RATE IN ENGLAND
HAS DOUBLED IN THE LAST 20
YEARS.
AND IT'S LARGELY AS A RESULT
OF THE COLLAPSE OF HOURS AT
BRITISH DRINKING
ESTABLISHMENTS, AND THE SALE
OF CHEAP ALCOHOL AS PRICE LOSS
LEADERS IN VIRTUALLY EVERY
FOOD STORE.

>> WHEN IS THIS HEARING?

>> THE BILL IS BEING
INTRODUCED TOMORROW, AND I
HOPE IT WILL BE PASSED BY THE
JULY 4th HOLIDAY.
THE EYES OF THE WORLD ARE
GOING TO BE ON BOSTON WHERE
THE BIRTH PLACE OF FREEDOM,
AND YOU SHOULD BE ABLE TO HAVE
A DRINK BEFORE NOON ON SUNDAY.

>> OKAY.
DAVE ANDELMAN, JEFF GATES,
DAVID ROSEN BLOOM, THANK YOU
SO MUCH.
WHEN WE CONTINUE, NATIONAL
HEALTH CARE AND HOW IT COULD
COMPLICATE THE MASSACHUSETTS
PLAN.