Cambridge Brewing Comments On Massachusetts Pay-To-Play Issues

Kudos to our friend and colleague Dann Paquette of Pretty Things for having the testicular fortitude to bring this whole issue up publicly. For the record his beers are top notch as is the integrity of his character, and his beers are without a doubt competitively and fairly priced. Hopefully what comes of this is the curtailing of this illicit practice and the subsequent leveling of the playing field for not only brewers and distributors but also the many publicans who never ask for favors.

Pay To Play is nothing new, and it’s against the law. It is something that many, many bar owners are involved in, but also many distributors and more than a few large brewers (and perhaps some small-to-medium ones). We cannot name names because there’s no way to show proof, but there are plenty of bars, distributors, and brewers who are known throughout the industry to engage in this practice. The problem with enforcing the law is that unless you’re wearing a wire you will not be able to show proof when someone asks you for $5,000 in an envelope in order for them to serve your beer, or asks for a new reach-in or walk-in cooler, or new tap line trunk and faucets, etc. in exchange for a “commitment.” But make no mistake, these inducements are illegal in the Commonwealth as well as under Federal law.

Massachusetts ABCC 204-2.08: Inducements “No licensee shall give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or contracting for the purchase of any particular brand or kind of alcoholic beverages.”

We have indeed personally walked into Cambridge, Somerville, and Boston bars and been instructed on “the way these things work” by unscrupulous owners or bar managers. We have walked out in disgust. We never have and will never do business with these people.

This is far outside the very limited amount of low-cost swag (coasters, glassware) that you may be legally allowed to give away. Alcohol is heavily restricted and legislated, and for good reason, but it’s a chicken-or-the-egg situation. Who was the first bar owner to ask for a deal, outside the realm of legally allowed volume discounts? Or was it a distributor making a private offer of 1-on-5 (one free keg for each five kegs purchased) or “help” with a new cooler? Or was it a large brewery with a huge marketing budget, instructing distributors or sending their own Sales Representatives into the field with marching orders to buy lines?

We empathize with Dann’s frustration, because CBC is also no longer on tap at the bars Dann named. We were informed by our distributor (Craft Brewers Guild, same as Pretty Things and Mystic and many, many others) that a certain restaurant group was no longer carrying any beer from our distributor. The implication as to why is understood but to be totally honest and fair, we do not know exactly why nor do we know any specific details beyond second-hand allegations. In truth, there could also be many other reasons why a hospitality group would end a long-standing relationship with a distributor. Regardless, we choose to never do business with organizations that make such demands, even though it does affect our business.

So what we will do is maintain our integrity and our dignity as a local small business, and we will continually refuse to ever be involved in any pay-to-play scenarios.

Your friends,
Phil and Will
Cambridge Brewing Company