A convenience store trade group is stepping up its fight against a long-standing state law that prohibits convenience and grocery stores from selling cold beer.
Some local convenience and grocery stores say, however, that the law has had a limited effect on their customers.
“It’s not an issue here,” said Betty Ward, manager of the Hometown Express in Fairmount.
Ward said she’s heard no comments from customers on the restriction to room-temperature beer. Melissa Hudson, assistant manager of the Circle K in Gas City, said she has heard “some” complaints from a minority of beer shoppers, though Hudson doesn’t work in the evening, she said.
Cassandra Pyles, manager of the Village Panty on Ninth Street in Marion, said she has heard various complaints about the unavailability of cold beer and questions from customers who don’t understand why a convenience store would be allowed to sell beer but can’t sell it chilled.
“I hear it all,” she said. “I think I would have more sales if it were cold.”
Supporters of the current law cite that convenience and grocery stores don’t face the same age restrictions on who can enter and the requirement to hire clerks with state liquor licenses that liquor stores do.
A federal judge agreed with those supporters last month, when he upheld the law. Judge Richard Young ruled the state has legitimately drawn a line by allowing only liquor stores to sell cold beer.
The Indiana Petroleum Marketers and Convenience Store Association announced Tuesday, however, that the trade group is appealing Young’s decision to uphold the current law’s limit on what types of stores can sell chilled beer.
Scot Imus, the convenience store association’s executive director, said the group maintains that the state law goes against common sense.
“It is clear, the monopoly liquor stores have limits consumer choice and hurts the growth of our state’s economy,” Imus said.
The association is also challenging the restrictions with a lawsuit in a Marion County court.
A number of local convenience stores are unaffected because they don’t sell alcohol at all, including certain BP, Circle K, Friendly Market and Village Panty stores as well as Love’s.
Some local grocery store managers say the restrictions don’t have as much of an effect on their businesses.
Yvonne Tallman, manager of the Marion Wal-Mart, said she has heard some complaints from customers but does not think the law affects business.
Larry Bartlett, manager of the Marion New Market, said the nature of a grocery store’s products draws a different type of customer, one who is primarily shopping for groceries.
“We’re a supermarket and that’s our business,” he said. “Beer and wine are not a huge part of our business.”
Customers who purchase alcohol at New Market do so because it’s convenient and they represent a different type of customer than those who will make a separate trip to a liquor store.
Samantha Sessoms, manager of the Save-On Liquor store on Baldwin Avenue, said she was unaware of recent challenges to the state law but recognized its effect on liquor stores.
“I believe it’s a good thing for us,” she said.
The Associated Press contributed to this report.