About once a month, I get this question. Often times the tone of the email is a little snarky, implying that we fell short of the real goal by accepting a 15% cap. If you’re reading this page, it’s likely that you were one of the correspondents inquiring about the higher, but still artificial, cap. It’s a legitimate question — so I’ll address it here. Hopefully you weren’t snarky, because it kind of bums us out.
The quick answer as to why we have a cap: negotiation.
You have to give up something little to gain something big. Note the pattern: all of the states that have recently lifted the cap negotiated an increase. Ohio in 2002 (12%), Georgia in 2004 (14%), North Carolina in 2005 (15%), South Carolina in 2007 (17.5%). Interestingly, the final (new) level crept up a bit each time as the house of caps started to fall. But no state that has had to raise its cap has been able to remove the cap completely.
The long answer: settling on 15% kept the alcohol percentage distinct from wine.
Beer in North Carolina is defined as being between 0.5 and 15% alcohol. Unfortified wine is less than 16% alcohol. Fortified wine is between 16 and 24% alcohol. Nice, crisp, clean distinctions. No messes. Lots of important industry groups like that. And we liked keeping them happy to have a prayer of changing this law. All we gave up was the ability to buy around ten beers. No North Carolina brewer, by the way, expressed dissatisfaction with the illegality of brewing a beer above 15%. Let’s be real: these ultra-high alcohol beers are mostly for novelty and bragging rights.
– Intermission –
Quiz time: in North Carolina, what’s the difference between fortified and unfortified wine?
Answer: Nothing.
It’s all about the alcohol percentage. A 17% Cabernet is fortified wine, which is taxed at a higher rate. A 12% port (a fortified beverage) is considered unfortified, because it’s less than 16% alcohol.
Still with me? Good!
The even longer answer: Legislators are busy, busy people who don’t understand how beer is made.
Nor do they care. In their decision-making process, legislators bring with them a preconceived notion of what beer is. Sadly, the point of reference far too often was a fizzy, bland, yellow drink that people — especially teenagers — drink for no other reason than to get drunk. The notion of “gourmet beer” was a complete oxymoron to most.
Some legislators thought that one of the big three beer companies would immediately create a 40 percent “super-alcohol” beer if the state removed the cap entirely. As if they did this in the 46 other states without a cap.
Others publicly claimed that strong beer was like “drinking straight vodka.” It’s true — I personally met with these people. I saw first-hand how confused they were about beer. My daughters likely know more about beer than your representative. Need a reminder? Hear the debate on the Senate floor (large MP3 file, not for dialup!).
We all know it’s inconsistent to sell Everclear in state-run liquor stores but not allow Dogfish Head 120 Minute IPA or Sam Adams Utopias. But sadly, reason and politics have little in common.
In reality, there are perhaps a dozen beers you can’t still get in North Carolina. The state is now quite beer-friendly: brewpubs and breweries can sell directly to the public and self-distribute, you can buy beer on Sunday after 12 P.M. (unlike states like Colorado and Oklahoma), and there’s no crazy case law like in Pennsylvania. So you can’t get a dozen beers. I’m happy to focus on the 400 new ones you can. In fact, I’m doing so right now.
And in a way, our 15% cap makes those rare high-alcohol exceptions all the sweeter to track down.
Lastly, it’s very unlikely the cap will be lifted to accommodate these dozen or so beers. I’m not interested in pursuing it. I and others worked way too hard as volunteers to help spur the 2005 law change. Feel free to give it a whirl if you’re still inspired!
Thanks for reading this. It’s cathartic for me to write it, nearly three years later.
Sean Lilly Wilson
Past President, Pop The Cap
February 2008