class="bi x0 y0 w0 h1"
Social and
Economic Control
of Alcohol
The 21st Amendment
in the 21st Century
AU5463.indb 1 10/9/07 11:11:19 AM
PUBLIC ADMINISTRATION AND PUBLIC POLICY
A Comprehensive Publication Program
EDITOR-IN-CHIEF
EVAN M. BERMAN
Huey McElveen Distinguished Professor
Louisiana State University
Public Administration Institute
Baton Rouge, Louisiana
Executive Editor
JACK RABIN
Professor of Public Administration and Public Policy
The Pennsylvania State University—Harrisburg
School of Public Affairs
Middletown, Pennsylvania
1.
Public Administration as a Developing Discipline,
Robert T. Golembiewski
2.
Comparative National Policies on Health Care,
Milton I. Roemer, M.D.
3.
Exclusionary Injustice: The Problem of Illegally Obtained Evidence,
Steven R. Schlesinger
5.

Administration,
edited by Jack Rabin and James S. Bowman
23.
Making and Managing Policy: Formulation, Analysis, Evaluation,
edited by G. Ronald Gilbert
25.
Decision Making in the Public Sector,
edited by Lloyd G. Nigro
26.
Managing Administration,
edited by Jack Rabin, Samuel Humes,
and Brian S. Morgan
27.
Public Personnel Update,
edited by Michael Cohen
and Robert T. Golembiewski
28.
State and Local Government Administration,
edited by Jack Rabin
and Don Dodd
29.
Public Administration: A Bibliographic Guide to the Literature,
Howard E. McCurdy
31.
Handbook of Information Resource Management,
edited by Jack Rabin
and Edward M. Jackowski
32.
Public Administration in Developed Democracies: A Comparative Study,
edited by Donald C. Rowat

Handbook of Comparative Public Budgeting and Financial Management
,
edited by Thomas D. Lynch and Lawrence L. Martin
53.
Encyclopedia of Policy Studies: Second Edition,
edited by
Stuart S. Nagel
54.
Handbook of Regulation and Administrative Law,
edited by
David H. Rosenbloom and Richard D. Schwartz
55.
Handbook of Bureaucracy,
edited by Ali Farazmand
56.
Handbook of Public Sector Labor Relations
, edited by Jack Rabin,
Thomas Vocino, W. Bartley Hildreth, and Gerald J. Miller
57.
Practical Public Management
, Robert T. Golembiewski
58.
Handbook of Public Personnel Administration
, edited by Jack Rabin,
Thomas Vocino, W. Bartley Hildreth, and Gerald J. Miller
60.
Handbook of Debt Management
, edited by Gerald J. Miller
61.
Public Administration and Law: Second Edition

State and Local Government Administration,
edited by Jack Rabin
and Don Dodd
29.
Public Administration: A Bibliographic Guide to the Literature,
Howard E. McCurdy
31.
Handbook of Information Resource Management,
edited by Jack Rabin
and Edward M. Jackowski
32.
Public Administration in Developed Democracies: A Comparative Study,
edited by Donald C. Rowat
33.
The Politics of Terrorism: Third Edition,
edited by Michael Stohl
34.
Handbook on Human Services Administration,
edited by Jack Rabin
and Marcia B. Steinhauer
36.
Ethics for Bureaucrats: An Essay on Law and Values, Second Edition,
John A. Rohr
37.
The Guide to the Foundations of Public Administration,
Daniel W. Martin
39.
Terrorism and Emergency Management: Policy and Administration,
William L. Waugh, Jr.
40.

Thomas Vocino, W. Bartley Hildreth, and Gerald J. Miller
57.
Practical Public Management
, Robert T. Golembiewski
58.
Handbook of Public Personnel Administration
, edited by Jack Rabin,
Thomas Vocino, W. Bartley Hildreth, and Gerald J. Miller
60.
Handbook of Debt Management
, edited by Gerald J. Miller
61.
Public Administration and Law: Second Edition
, David H. Rosenbloom
and Rosemary O’Leary
62.
Handbook of Local Government Administration
, edited by
John J. Gargan
63.
Handbook of Administrative Communication
, edited by
James L. Garnett and Alexander Kouzmin
64.
Public Budgeting and Finance: Fourth Edition,
edited by
Robert T. Golembiewski and Jack Rabin
67.
Handbook of Public Finance
, edited by Fred Thompson

edited by Stuart S. Nagel
78.
Handbook of Global Economic Policy,
edited by Stuart S. Nagel
79
. Handbook of Strategic Management: Second Edition,
edited by
Jack Rabin, Gerald J. Miller, and W. Bartley Hildreth
80.
Handbook of Global International Policy,
edited by Stuart S. Nagel
81.
Handbook of Organizational Consultation: Second Edition,
edited by
Robert T. Golembiewski
82.
Handbook of Global Political Policy,
edited by Stuart S. Nagel
83.
Handbook of Global Technology Policy,
edited by Stuart S. Nagel
84.
Handbook of Criminal Justice Administration
, edited by
M. A. DuPont-Morales, Michael K. Hooper, and Judy H. Schmidt
85.
Labor Relations in the Public Sector: Third Edition
, edited by
Richard C. Kearney
86.

95.
Financial Planning and Management in Public Organizations
,
Alan Walter Steiss and Emeka O. Cyprian Nwagwu
96.
Handbook of International Health Care Systems,
edited by Khi V. Thai,
Edward T. Wimberley, and Sharon M. McManus
97.
Handbook of Monetary Policy,
edited by Jack Rabin
and Glenn L. Stevens
98.
Handbook of Fiscal Policy,
edited by Jack Rabin and Glenn L. Stevens
99.
Public Administration: An Interdisciplinary Critical Analysis,
edited by
Eran Vigoda
100.
Ironies in Organizational Development: Second Edition, Revised
and Expanded,
edited by Robert T. Golembiewski
101.
Science and Technology of Terrorism and Counterterrorism
, edited by
Tushar K. Ghosh, Mark A. Prelas, Dabir S. Viswanath,
and Sudarshan K. Loyalka
AU5463.indb 4 10/9/07 11:11:20 AM
102.

Regional, Cultural, and Political Boundaries,
edited by David Levi-Faur
and Eran Vigoda-Gadot
111.
Handbook of Public Information Systems, Second Edition,
edited by
G. David Garson
112.
Handbook of Public Sector Economics,
edited by Donijo Robbins
113.
Handbook of Public Administration and Policy in the European Union,
edited by M. Peter van der Hoek
114.
Nonproliferation Issues for Weapons of Mass Destruction,
Mark A. Prelas and Michael S. Peck
115.
Common Ground, Common Future: Moral Agency in Public
Administration, Professions, and Citizenship
, Charles Garofalo
and Dean Geuras
116.
Handbook of Organization Theory and Management: The Philosophical
Approach, Second Edition,
edited by Thomas D. Lynch
and Peter L. Cruise
117.
International Development Governance,
edited by Ahmed Shafiqul
Huque and Habib Zafarullah

and Participation,
edited by Kathe Callahan
127.
American Public Service: Radical Reform and the Merit System,
edited by James S. Bowman and Jonathan P. West
128.
Handbook of Transportation Policy and Administration,
edited by Jeremy Plant
AU5463.indb 5 10/9/07 11:11:20 AM
129.
The Art and Practice of Court Administration,
Alexander B. Aikman
130.
Handbook of Globalization, Governance, and Public
Administration,
Ali Farazmand and Jack Pinkowski
131.
Handbook of Globalization and the Environment,
edited by
Khi V. Thai, Dianne Rahm, and Jerrell D. Coggburn
132.
Personnel Management in Government: Politics and Process,
Sixth Edition,
Norma M. Riccucci and Katherine C. Naff
133.
Handbook of Police Administration,
edited by Jim Ruiz
and Don Hummer
134.
Handbook of Research Methods in Public Administration,

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Library of Congress Cataloging‑in‑Publication Data
Jurkiewicz, Carole L., 1958‑
Social and economic control of alcohol : the 21st amendment in the 21st
century / Carole L. Jurkiewicz.

Chapter 2
Taxation and the Economic Impacts of Alcohol 19
DOUG SCHWALM
Chapter 3
The Future of the Three-Tiered System as a Control of
Marketing Alcoholic Beverages 31
EVAN T. LAWSON
Chapter 4
Contents Under Pressure: Regulating the Sales and
Marketing of Alcoholic Beverages 57
SUSAN C. CAGANN
Chapter 5
Policy, Regulation, and Legislation 79
TERREL L. RHODES
Chapter 6
The Repeal Program 97
STEPHEN DIAMOND
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xii  n  Contents
Chapter 7
Sociological/Cultural Influences of Drinking 117
JONATHAN P. WEST
COLLEEN M. WES
T
Chapter 8
Perceptions, Policies, and Social Norms: Transforming
Alcohol Cultures over the Next 100 Years 139
JEFFREY W. LINKENBACH
Chapter 9
Controlling Misuse of Alcohol by College Youth: Paradigms

ramental and medicinal sales of beverage alcohol during Prohibition were not the
only exceptions to principles of control over the access to beverage alcohol. e
speakeasy was not a myth, nor were the racketeer and bootlegger. ere was great
disrespect for the rule of law. Compounding control over the defects in Prohibition
was the enormous weight imposed upon the people and the nation’s institutions by
the unemployment and human misery inflicted during the Great Depression. It
was no surprise that there was rejoicing by many when repeal was enacted, because
it was seen by them to be a signal of hope and opportunity for the future. It cer-
tainly presented opportunities for me.
It was an exciting time for someone who grew up in the industry. For several
years following repeal, I was busy completing university education, while working
as a plant manager, then comptroller of a multi-state wine producer and importer
of foreign wines. By 1939, I had begun a law partnership with my late brother,
Henry. at firm and its progeny have served clients in the beverage and hospitality
industries since then, and continue under our family name today.
I witnessed the federal government’s initial control of the alcoholic beverage
industry encounter difficulties. at federal system, based upon codes established
under the National Industrial Recovery Act of June 16, 1933 and the Federal Alco-
hol Control Administration set up by presidential executive order, became unrav-
eled as a consequence of the U.S. Supreme Court decision in Schechter Poultry
AU5463.indb 13 10/9/07 11:11:21 AM
xiv  n  Foreword
Corp. vs. United States, 295 U.S. 495 (May 27, 1935). A good part of the efforts of
Congress during the Summer of 1935, which I was able to monitor in Washington
D.C., was directed at hearings and debates over what became the Federal Alcohol
Administration Act of August 29, 1935 (27 U.S.C. 201, et seq.).
e state governments, however, seemed to fare better in the execution of their
initial control over alcohol. Perhaps this was because of the vigorous public debates
that took place in connection with the process of ratification of the Twenty-first
Amendment, or with the contribution of information infused into the crafting

concentration. Brewers and even distillers were regional in nature. Wholesale dis-
tributors were numerous and local. e local tavern or restaurant was an institu-
tion of social gathering, even more so, when it presented the first public access to
broadcast television. Largely, these businesses were owned by individuals who lived
in the community. A confluence of two emerging trends illustrates a fundamental
AU5463.indb 14 10/9/07 11:11:21 AM
Foreword  n  xv
change that took place. Over several decades, Eisenhower’s interstate highway net-
work fueled suburban flight and weakened the nation’s rail mass transit system.
e automobile became a necessity. Broadcast television initially also was regional
in nature, until a new program format was introduced to permit the entire nation
to view an event at the same time. It was football on Monday nights; soon to
be followed universally by both national network programming and commercial
advertising of all kinds.
Before all this, the liquor control system was balanced by principles of local
option: dry or wet communities, different hours of sale and types of licenses and,
until the late 1980’s, legal drinking age. Out of the family and local ethnic and
political communities grew social expectations regarding responsible consumption
or temperance, together with liquor control and law enforcement responses consis-
tent with those communities’ values. What has emerged over the decades is a larger
more homogeneous national community, whose values and norms largely now are
the product of other sources outside the traditional family.
Multiple generations of Americans have been educated about alcohol by way
of advertising and entertainment communicated by an ever increasing number of
new technologies. Cable television, the Internet, even telephones are interactive.
Messages, images, and ideas are presented with speed and brevity. While appar-
ently well intended, the information communicated often creates mixed or con-
flicting signals. Consider the advertising campaign for now ingrained proposition
of the designated driver. While it is directed at highway safety, by implication it
also inversely communicates another message. In essence, often it is acceptable for

Jackson Wine Estates and Jackson Family Farms, a management services company
for Jackson’s luxury wine portfolio. Her many roles included counsel on and man-
agement of the full range of legal matters facing this wine industry powerhouse,
including environmental regulations compliance, including water rights and quality
issues; federal and state regulations on the production, marketing, and distribution
of wine; and Proposition 65 compliance. Cagann was also a senior attorney at Safe-
way Inc., where she managed legal compliance in sales and marketing; advertising;
consumer protection and privacy; e-commerce; weights and measures; unfair trade
practices; transportation; and environmental regulations.
A frequent author and speaker, Cagann has lectured on a variety of legal topics
in national venues, such as the National Conference of State Liquor Administra-
tors, National Alcohol Beverage Control Association Legal Symposium, and the
Food Marketing Institute Legal Conference.
Cagann is admitted to practice in California and Illinois.
Raymond W. Cox III is a professor in the Department of Public Administration
and Urban Studies at the University of Akron. He is the author of some forty-
five academic and professional publications, including two books. His recent work
has been focused on issues of discretion in decision-making and police ethics. In
AU5463.indb 17 10/9/07 11:11:22 AM
xviii  n  The Authors
addition to his teaching experience, Dr. Cox has more than sixteen years of gov-
ernment service, including four as chief of staff to the lieutenant governor of New
Mexico and five at the National Science Foundation.
Kelley A. Cronin is an assistant professor of political science/criminal justice at
Notre Dame College in Cleveland, Ohio. Her research interests include manage-
ment reforms in public administration and how customer-service ideas are perme-
ating administrative approaches and practices in public safety management.
Mark R. Daniels is professor and chair of political science at Slippery Rock Univer-
sity of Pennsylvania. He is the author of Terminating Public Programs: An American
Political Paradox and has edited books and journal symposia on a variety of public

to advertise prices, and overturned a previous Supreme Court ruling that the 21
st

Amendment gave an “added presumption of validity” to state regulation of alco-
holic beverages.
Lawson frequently serves as a panelist for legal education seminars on licensing,
administrative law and media law. He has also published articles on constitutional
law and alcoholic beverages regulation. Lawson was named by his peers in Boston
Magazine as one of Massachusetts’ “Super Lawyers” for trial work, and for the past
ten years has been named to the Woodward/White directory for the “Best Lawyers
in America” for First Amendment Law.
Jeffrey W. Linkenbach is a member of the research faculty at Montana State Uni-
versity where he directs e National MOST OF Us Institute for Social Norms
(www.mostofus.org). Linkenbach is a well respected social entrepreneur, lecturer
and author who has developed national award winning programs related to alco-
hol-related prevention. Linkenbach is a licensed addictions counselor, who has over
25 years experience in designing innovative approaches to solving complex prob-
lems, by translating social science into social action. e Montana Model of Social
Norms Marketing has become the standard for effective social norms interventions
across North America and beyond.
Murphy J. Painter is commissioner of alcohol and tobacco control for the State
of Louisiana, a post he has held for the past decade. He holds a master’s degree in
public administration and is a graduate of the FBI National Academy. He is past
president and executive director of the National Conference of State Liquor Admin-
istrators, and has received numerous awards for his work including the American
Society of Public Administrator’s Ethics in Practice Award and distinguished rec-
ognition from the U.S. Attorney’s Office. He has written on the topic of alcohol
control for both professional and scholarly publications, and speaks on these issues
to organizations across the U.S.
Terrel L. Rhodes is vice president for quality, curriculum, and assessment at the

Her published work includes studies of: environmental determinants of heavy and
harmful drinking in college; evaluation studies of environmentally oriented drink-
ing prevention programs; epidemiologic analyses of alcohol abuse, depression, and
smoking/drinking comorbidities among youth; behavioral and mental health risks
among young adult children of alcoholics; assessments of alcohol abuse and pat-
terns of treatment need/use among college youth, and health services studies of
perceived risk for chronic health problems and health protecting behaviors.
Colleen M. West is a Florida-licensed clinical psychologist at the Miami Depart-
ment of Veterans Affairs Medical Center with adjunct faculty appointments in
the University of Miami School of Arts and Sciences (Department of Psychology)
and the School of Medicine (Department of Medicine, Division of Gerontology
and Geriatric Medicine). She received her doctoral degree from the University
AU5463.indb 20 10/9/07 11:11:22 AM
The Authors  n  xxi
of Arizona and received extensive post-doctoral training in gero-psychology and
behavioral medicine. For over twenty years she has provided end-of-life care within
a full range of psychology services (including assessment, intervention and consul-
tation) for medically fragile patients and their families.
Jonathan P. West, a professor in the Department of Political Science and director
of the Master of Public Administration Program, has published close to 100 arti-
cles and chapters and eight books. His most recent books include Human Resource
Management in Public Service: Problems, Paradoxes, and Processes (M.E. Sharpe,
2006), American Politics and the Environment (Longman, 2002), e Professional
Edge: Competencies for the Public Service (M.E. Sharpe, 2004), and American Pub-
lic Service: Radical Civil Service Reform and the Merit System (Taylor & Francis,
in press). He is the managing editor of a journal titled Public Integrity published
by M.E. Sharpe and co-sponsored by the American Society for Public Adminis-
tration, the Council of State Governments, the Council on Government Ethics
Laws, the Ethics Resource Center, and the International City/County Manage-
ment Association.

rounded the sale of liquor from the earliest colonial days. Temperance movements
have come and gone; organized efforts for moderation, backed by moral suasion,
have had their day; but in all the struggle with one of the most difficult human
problems law has remained our chief weapon in trying to curb the social conse-
quences of excess.”
History of Alcohol Control in the U.S.
Alcohol has figured prominently in societies reaching into antiquity, from the
Phoenicians to Egyptians during the period of King Tutankhamun (around 1340
B.C.) to pre-Islamic Arabic-speaking countries (Heath, 2000). e spread of alco-
hol into new societies was largely a function of religious sacramental use, garden-
ers’ passions for new varietal plants including those found to be instrumental in
alcohol production, and as a means to establish colonialism throughout the world
(Jankowiak and Bradburd, 1996). In some societies, the effects on the commu-
nity remained minimal, and alcohol policies did not develop. Europe has had a
widely disparate approach to alcohol regulation and the debate continues today
(Institute of Alcohol Studies, 2005). Research has demonstrated, however, that
weaker alcohol regulation in European countries is highly correlated with higher
consumption rates and concomitant social and health problems (-
scape.com/viewarticle/556169). In other countries, such as the U.S., the increase in
alcohol consumption was viewed as a precursor to the proliferation of crime, vio-
lence, health woes, and various economic concerns — essentially creating resource
burdens on society.
Alcohol regulation arose in historical times as societies became more cul-
tured, and was first instituted in ancient Greece, Mesopotamia, Egypt, and Rome
(Ghalioungui, 1979). Greek statesmen of the 6th century B.C. introduced super-
vised festivities as an alternative to the theretofore popular Dionysian revelries that
promoted drunkenness. In 594, the death penalty was prescribed for drunken mag-
istrates, and all wine was ordered to be diluted with water before being sold. For
over 2000 years, strategies such as these were devised by monarchs, governments,
and the clergy across the European continent to prevent alcohol-related problems