Press Release of Sen. Orrin Hatch (R-UT). Re: S 577, the Twenty-First Amendment Enforcement Act (Internet alcohol sales). Date: May 19, 1999. Source: Office of Sen. Orrin Hatch.

SENATE VOTES TO CRACK DOWN ON INTERNET ALCOHOL SALES TO YOUTH

Washington D.C.- On Tuesday, the Senate approved an amendment cracking down on Internet alcohol sales to youth that is identical to a bill introduced by Sen. Orrin Hatch (R-UT). The legislation would enable states to more effectively enforce alcohol laws and prevent teens from obtaining alcohol ordered on the Internet.

The amendment, offered by Sen. Robert Byrd (D-WV), to the juvenile crime bill currently being debated in the Senate, passed the Senate on a vote of 80-17. Earlier this year, Sen. Hatch introduced this legislation as S. 577, the Twenty-First Amendment Enforcement Act.

"This amendment is designed to prevent unlawful access to alcohol by our children," Hatch said. "If a thirteen year old is capable of ordering beer or wine and having it delivered merely by borrowing a credit card and making a few clicks with a mouse, there is something wrong with the level of control that is being exercised over these sales and we must do something to address this problem."

The 21st Amendment to the Constitution gives states the right to regulate the importation of alcohol into their states. Federal law already prohibits the interstate shipment of alcohol in violation of state law but there is a lack of an enforcement mechanism. Efforts to enforce laws relating to the importation of alcohol have run into significant legal hurdles in both state and federal courts. The creation of Internet alcohol websites has added to the problem. The Byrd Amendment/Hatch bill permits any state which has reasonable cause to believe that state laws regulating the importation and transportation of alcohol are being violated be permitted to file an action in federal court for an injunction to stop those illegal shipments.

Specifically, the Byrd Amendment/Hatch bill:

€ Permits the chief law enforcement officer of a State to seek an injunction in federal court to prevent the violation of its laws regulating the importation or transportation of alcohol;

€ Allows for venue for the suit where the defendant resides and where the violations occur;

€ Does not permit an injunction without notice to the opposing party;

€ Requires that any injunction be specific as to the parties, the conduct and the rationale underlying that injunction;

€ Allows for quick consideration of the application for an injunction and conserves court resources by avoiding redundant proceedings;

"I am a strong supporter of e-commerce but in light of the power given state governments pursuant to the 21st Amendment, the sale of alcohol cannot be equated with the sale of a sweater or shirt," Hatch noted. "We need to foster growth in electronic commerce, but we also need to make sure that state alcohol laws are respected."