Liquor sales bill rejected in House

Lawmakers will revisit Sunday ban next week

By Scott S. Greenberger, Globe Staff, 10/9/2003

The House yesterday preserved the Commonwealth's prohibition of Sunday alcohol sales in stores, with huge assistance from some lawmakers whose districts have already lifted the Sunday liquor ban. Rather than rolling back the law statewide, the measure would have allowed cities and towns to issue permits to stores that wanted to sell beer, wine, and liquor on Sundays.

The House rejected the proposal 87 to 64, but is expected to take up the measure again next week, in part because the lead sponsor, state Representative Daniel E. Bosley of North Adams, was ill and missed yesterday's debate. But several lawmakers said the 23-vote margin will be difficult to overcome.

In 1990, the Legislature relaxed the alcohol rules to allow Sunday sales between Thanksgiving and New Year's Day and in cities and towns within 10 miles of New Hampshire and Vermont, which permit Sunday sales.

Representative Michael E. Festa, a Melrose Democrat who filled in for Bosley yesterday, said about 12 legislators determined to preserve their districts' competitive advantage were key in yesterday's defeat.

Representative Colleen M. Garry, a Dracut Democrat, said store owners in her district need the special privilege because of difficulties attracting customers who can easily shop in New Hampshire.

"To be frank, it's parochial," Garry said of her vote against the bill. "People say, `We want to make this fair.' But you know what? The sales tax isn't fair, and the cigarette tax isn't fair when you have to compete with stores literally feet away from you that don't have that."

It has been nearly three decades since the Legislature voided many of the other so-called blue laws, promulgated by the Puritans to protect the sanctity of the Christian Sabbath and regulate public morality.

Those in favor of scrapping the Sunday liquor law argue that it unfairly restricts most liquor stores when Massachusetts has already cleared the way for other retailers to operate on Sundays.

They say that ending the Sunday prohibition will increase the state's sales tax revenue: The Distilled Spirits Council of the United States Inc., which lobbied heavily for the bill, estimates that Massachusetts would raise an additional $1.5 million to $2.1 million by allowing Sunday sales.

Peter H. Cressy -- president and chief executive of the Washington, D.C., group -- described yesterday's vote as "a missed opportunity," but expressed confidence in its eventual passage.

"As soon as they hear from their constituents that this really does make economic sense, I think it will pass," Cressy said. "We just think it's a matter of educating."

Laws in neighboring states are also changing. Maine is ending Sunday liquor sales in more than 100 communities, including Portland, Lewiston, and Bangor, after the recent discovery of a 1970s law requiring individual communities to approve Sunday liquor sales. Beer and wine are not affected. Cressy pointed out that 27 states -- including Vermont, New Hampshire, and New York -- allow Sunday sales. New York eliminated the last of its Sunday restrictions in May, though it requires liquor store owners to close at least one day a week.

Oregon, Pennsylvania, and Delaware all relaxed or scrapped their Sunday rules in the past 18 months, according to Cressy. Rhode Island, Kansas, and Washington state are considering doing the same.

But many Massachusetts small liquor store owners oppose the change because it would pressure them to work on what is now their only day off, according to the Massachusetts Package Stores Association, which represents roughly 700 owners. The group remained neutral in the debate because its membership was split on the bill.

Some religious leaders were also loath to give up one of the last laws distinguishing Sunday from other days.

The Massachusetts Catholic Conference opposed the bill, and the Massachusetts Council of Churches, while declining to take a position on it, expressed general concern about the way in which Sunday has become like any other day. Some lawmakers echoed that view on the House floor yesterday.

"None of you would tell me that Sunday and Tuesday are the same," said Representative Shaun P. Kelly, a Dalton Republican. "We know that Sunday, for whatever reason in our historical perspective, is a unique day of the seven days."

While it will be difficult to win over legislators with religious objections to overturning the ban, Festa said supporters may be able to tweak the bill to get the support of more package store owners, perhaps by adopting a six-day rule similar to New York's.

Lawmakers whose districts are on the Massachusetts border may be swayed by other provisions designed to give the liquor store owners a boost.

Representative Arthur J. Broadhurst, a Methuen Democrat, suggested that owners within 10 miles of the border could be allowed to sell liquor three hours earlier than stores around the state.

"The argument against it is you're creating another border in Massachusetts," he said. "But my argument has been that it's better to have customers competing to buy in Massachusetts than outside of Massachusetts."

Scott S. Greenberger can be reached at greenberger@globe.com.