Bar-made Infusions are illegal in Iowa. Lets change a dumb law.

I recall that back in 2010 I asked the bartender of a now-defunct establishment what went into a particular Manhattan that I’d ordered. Actually, I recall that it was marketed as a “Des Moines.” He pulled a bottle out from behind the bar and showed me that it was a custom-made vermouth. It made a nice improvement to the drink. Not long afterwards I was looking through a State of Iowa Alcoholic Beverages Division publication where it very clearly stated that this bottle was unlawful. It is not illegal for individuals to make their own infusions, mind you, but in Iowa it is illegal for a licensee to “refill or reuse” liquor and wine bottles.

The reason for this pre-prohibition law was to protect consumers from being bilked by unscrupulous bars that might refill empty top-shelf bottles with bottom-shelf liquor. Of course, that type of activity still goes on with or without the law, but most consumers would jump at the chance to try some unique cocktails made with creative infusions. There isn’t any risk because the infusion is not being marketed as anything other than what it is. So, this is a law that needs to be changed. I’ve even made some of my own infusions so that I can try to duplicate some of the drinks that local bars are selling. They are great and I recommend that everyone try it.

Here is the way the ABD website puts it:

Refilling and reusing liquor and wine bottles is unlawful. Licensees may not:

•Refill a smaller “well” bottle from a larger bottle.
•Refill a bottle with a product other than that designated on the label.
•Refill a bottle bearing the Iowa identifying marker with a product imported from another state.
•Adulterate liquor or wine by the addition of any substance.
•Knowingly possess an original package that has been reused or adulterated.
Refilling and reusing liquor and wine bottles is a serious violation that may result in suspension or revocation of the license.

Here is what Iowa Code § 123.49(2) states:

2. A person or club holding a liquor control license or retail
wine or beer permit under this chapter, and the person’s or club’s
agents or employees, shall not do any of the following:

. . .
d. Keep on premises covered by a liquor control license any
alcoholic liquor in any container except the original package
purchased from the division, and except mixed drinks or cocktails
mixed on the premises for immediate consumption. This prohibition
does not apply to common carriers holding a class “D” liquor control
license.
e. Reuse for packaging alcoholic liquor or wine any container
or receptacle used originally for packaging alcoholic liquor or wine;
or adulterate, by the addition of any substance, the contents or
remaining contents of an original package of an alcoholic liquor or
wine; or knowingly possess any original package which has been so
reused or adulterated.

What this means is that a bartender can infuse a drink for immediate consumption but that bartender cannot create the infusion, store it, and then dispense it. It takes days and even weeks to infuse a drink, so the end result is that he law essentially outlaws infusions that are not purchased as finished products from the Iowa ABD. A licensee that violates the law faces fines, suspension and revocation of the liquor license.

Devotay’s Kurt Michael Friese has started an initiative to change the law. His efforts have gotten some notice and he reportedly has a sponsor in the Iowa legislature to introduce a bill. California has recently abolished its similar law, so with some support perhaps we can get this obsolete law changed.

Resources:

http://thegazette.com/tag/liquor/
http://iowacity.patch.com/articles/iowa-city-chef-starts-petition-to-repeal-iowa-bartender-restrictions
http://www.facebook.com/Devotay/posts/139615369485394
http://www.mutineermagazine.com/blog/2011/11/lets-help-iowa-raise-the-bar-and-correct-iowa-code-%C2%A7-123-492/
Iowa Code section 123.49
Iowa ABD website

Update:

I checked google and found that a few Iowa towns may have provisions that duplicate large sections of the Iowa Code. Even if the Iowa legislature changes the law to allow infusions, some cities may still need to update their city ordinances.

Iowa Falls: Chapter 120
Swisher, Iowa: Chapter 120
I also checked California’s recent legislation that legalized infusions. Unfortunately, their law is entirely different and the amendment used in California will not really work here in Iowa. In California, the laws defined a “rectifier” to be a person who “who colors, flavors, or
otherwise processes distilled spirits by distillation, blending, percolating, or other processes.” Rectification was apparently outlawed in California without a certain type of license, a license not usually held by a restaurant or bar. The law amended the definition of “rectifier” to exclude from the definition “any on-sale licensee that colors, flavors, or blends distilled spirits or wine products on the licensed premises for consumption on those premises.”

Second Update:

The Des Moines Register has a well-written article by William Petroski on the issue:

Iowa restaurants, bars look to change Prohibition-era liquor laws

MRDC Coffee Liqueur – and a suggested cocktail recipe

The last time I was at Dirty John‘s in Iowa City (I’ll be back today!), I picked up bottle of Mississippi River Distilling Company’s MRDC’s Coffee Liqueur. This product is made using fresh roasted Peruvian coffee beans, vanilla and cinnamon from Iowa Coffee Company and blended with MRDC’s River Pilot Vodka in MRDC’s Le Claire, Iowa distillery. Only 4,000 bottles were made, so get yours now. I see that I have bottle 2,856, so what is on the store shelves may be the last of the production run. This particular liqueur has a very strong aroma of fresh-brewed coffee and only 20% alcohol content. So, while I could just use this as I would use Kahlua, I wanted to do something different. I found a cocktail recipe that needed coffee liqueur and it looked like a good choice to show off the coffee flavor of the MRDC Coffee Liqueur. Let me tell you, this is a fantastic cocktail–a bouquet of spices and coffee richness that I’ve not run across before. Here are the mixing instructions:

Add 1 oz each of spiced rum (I those Sailor Jerry’s) and coffee liqueur to a cocktail shaker with ice. Add a dash of Angostura bitters. Shake, and pour over a chilled glass with ice. Given the low alcohol content of the MRDC Coffee Liqueur, I’d consider doubling the ingredients. It is that good.

Just confirming that this is indeed a “coffee liqueur” took some sleuthing. Way down on the bottom of the label in 8-point type I see the words “coffee liqueur.” I’m not sure why the company didn’t just call it that in the larger part of the label. Maybe it is just a marketing decision or maybe there is a concern about public or governmental backlash over the issue around caffeine added to malt beverages. You may recall that the TTB issued a November 17, 2010 TTB Press Release stating that the TTB (f/k/a ATF) would follow the findings of the FDA that adding caffeine to alcohol was illegal. This is because caffeine has only been approved as a “generally recognized as safe” additive to cola-type beverages at 200 parts per million. Of course, adding a product like coffee to a spirit is not quite the same. As the FDA stated: “These Warning Letters are not directed at alcoholic beverages that only contain caffeine as a natural constituent of one or more of their ingredients, such as a coffee flavoring.” Your coffee liqueurs are safe. For now.

What’s with the giant 14″ bottles of booze? Too big to fit in the fridge.

I noticed that it has become a fad among some local spirit distilleries to use giant bottles.  Cedar Ridge’s own Clearheart hard liquor bottles are fourteen and one-fourth inches tall.  Contrast this with the standard height of twelve inches for a wine bottle. Nebraska’s Solas Distillery is only a smidgeon shorter with its bottles of Joss Vodka. This added height is not a problem if I keep the bottles on the top shelf of my liquor cabinet, but if I try to chill them in the fridge they are difficult to work around since they have to stay on the outer edge. I hesitate to lay a liquor bottle on its side given the possibility of leakage.  So, just a hint for those distilleries looking to go upscale with the bottles.

I conduct a blind taste test of Templeton Rye Whiskey and Jim Beam’s (ri)1 Straight Rye Whiskey

There is a certain mystique surrounding rye whiskey.  Rye whiskey was at one time the predominant whiskey in the northeastern United States. Prohibition brought in competition from corn-based moonshine, Canadian whiskey and Scotch whisky. Following the repeal of prohibition, tastes had changed and Americans favored the milder taste of Scotch and Bourbon.  The popularity of vodka was to come much later, beginning in the 1960s.  Rye whiskey never really recovered its pre-prohibition popularity and its unique taste was considered harsh and unforgiving.

With the resurgence of interest in cocktails, many drinkers are discovering that rye whiskey was the original ingredient in many classic cocktails, including the Sazarac and Manhattan. In my opinion, rye makes a better base for a good cocktail as it imparts some sharper flavors that can cut through the added ingredients. A bourbon can get lost in a mix of vermouth or absinthe. Of course, in a recent visit to an unnamed bar the bartender admitted that she didn’t even have any rye–and it wasn’t because she had just run out, either. I’m not going back to that place.

I decided to conduct a blind taste test of two well-regarded rye whiskeys.  I took an old 80 proof bottle of Templeton Rye (batch 2, barrel 193, bottled in 2008) and (ri)1 Straight Rye Whiskey, from Jim Beam Distillery. The Jim Beam product comes in at 92 proof. In order to be fair, I provided my dutiful assistant two Glencarin snifters, each with a numbered post-it note on the bottom (face down). The bottles were poured outside of my vision and given to me after being moved around for good measure.  In making my tasting notes I referred to each glass as the “left” or “right” glass.

The left glass struck me at first as being slightly milder than the right glass. It had the slight aroma that I can only describe as dried fruit In comparing it to the right glass it struck me as distinctly smoother. As the taste test drew on, it gathered some of that peppery harshness common to rye whiskeys. The left glass also struck me as somehow “heavier” in its flavor, though not in a bad way by any means.

The right glass was also fairly mild for a rye whiskey. I perceived more aromatics and an even fruitier aroma. The whiskey was also somehow “lighter.” It was smooth going down and had a more consistent but mild peppery taste. I could perceive what seemed to be more of an “alcohol” taste and aroma. However, the fruitiness carried through the entire sampling event.

Even before finding out which rye whiskey was which I was struck by the fact that they were both very smooth and mild for a rye whiskey. I also want to emphasize that these differences were very slight. When I was given the code to unmask each snifter, I was not surprised to find that the (ri)1 Straight Rye Whiskey was the one with more of an alcohol nose (the right glass). Perhaps because of the higher alcohol content, the (ri)1 Straight Rye Whiskey had more of a fruit nose. It also had a stronger peppery burn and was not as smooth as the left glass, which was the Templeton Rye. The Templeton Rye was the smoother of the two, but not by much. In my distilled opinion, what the Templeton Rye gained in smoothness, it lost slightly on the aromatics.

I can’t end this entry without also touching on the wildly different marketing efforts by the makers of Templeton Rye and Jim Beam’s (ri)1 Straight Rye Whiskey.  Anybody in Iowa knows that Templeton Rye Spirits has launched a “damn the torpedoes, full speed ahead” marketing campaign for its product. There are movie tie-ins, clothing, gear, traveling tents, tastings, twitter feeds, Facebook pages, blogs and newsletters. The only thing missing is any actual product on the shelves. Contrast this with Jim Beam’s marketing campaign for (ri)1.  Nothing. Nada. No twitter, no web page, no Facebook, no tents, tie-ins, clothes or parties.  You can’t even find the company’s product description on its own web page unless you do a lot of digging. Finding information on this fine rye whiskey is made even more difficult due to the fact that the company chose to use characters in the name that nobody even knows how to type and one of which cannot even be put on a web page.  I mean, come on. How do I get the letter “i” with that little bar above it? And the superscript number 1? Don’t even ask. Even Jim Beam’s own webpage designer couldn’t figure that one out. Type in any variation of the name into their search bar on Jim Beam’s web page and you get nothing.  In fact, they couldn’t even duplicate the bar above the i. They use a “î”.  I can just imagine how the marketing meeting went down on the naming of this product — something out of a Dilbert cartoon no doubt. Sometimes, I am totally perplexed by marketing types.  Despite (or perhaps because of) the lack of any marketing effort whatsoever, you can always find this product on the shelves.

As a summary, I’d say that the two rye whiskeys are so close in taste that the casual drinker will be hard pressed to tell them apart.  The Jim Beam product is fairly expensive in the stores, but since Templeton Rye is practically AWOL, it is a pretty good replacement until stocks increase.  My goal is to re-run the test with Bulleit Rye and Redemption Rye. I’ve tried the Bulleit Rye and it strikes me as pretty powerful stuff, and it struck me as harsher than Templeton Rye or (ri)1 Rye, but until I taste them head to head in a taste test, I cannot fairly judge. Of course, my stock of Templeton Rye is getting so low that any more taste tests will have to wait until I’ve replenished the supply.

Templeton Rye and the Supply Question. There is plenty of capacity to increase production.

Templeton Rye Whiskey

I recently read some twitter comments that suggested that Templeton Rye would forever remain a scarce commodity due to production limitations. I decided to do some digging to see if there really was a production limitation. Now, before everyone gets all excited, keep in mind that it takes four years to age Templeton Rye in the barrel. Distillery capacity does not translate into Templeton Rye appearing on the store shelf tomorrow.

Based on publicly available information (which is all that I have access to), the distillery that makes Templeton Rye has 1.3 million proof gallons of whiskey production capacity. After converting proof gallons (100 proof) to 80 proof of 1 liter bottles, that is 6.151 million bottles of additional (currently unused) annual production capacity. According to Templeton Rye, they will allocate 131,400 liters of 80 proof rye during calendar year 2011. I arrived at this figure by converting the 29,200 cases to .750 liters bottles, then and then full liters of 80 proof. Last December’s large 5,000 case allocation may have depressed the numbers for 2011, but we don’t have any announcement yet for a similar allocation this holiday season.

This means that he distillery currently has capacity to add more than 8 million .750 liter bottles of 80 proof rye to the warehouses each year for aging. I suspect that it has even more capacity than advertised depending on the price.

So, this means that Templeton Rye could increase availability quite dramtically. For every bottle that hits the shelf in 2011, the distillery has the capacity to add about 46 more bottles in 2015.

What I do not know is how much Templeton Rye the company has aging in barrels for release in 2012, 2013, and 2014. Given the massive advertising campaign which far outstrips any reasonable need for more publicity given the current lack of product to sell, I’d suspect that production will ramp up sharply next year and every year thereafter.

Templeton Rye Hits Hollywood!

Well, the Templeton Rye boys and girls have done it again. Just when you didn’t think that there was any possible way to jack up the already-awesome publicity machine, they ratcheted it up another two notches. Through the magical marketing convergence of two similar nostalgia-based marketing brands, Templeton Rye will be featured in a nifty product placement in HBO’s critically-acclaimed series Boardwalk Empire. Both Boardwalk Empire and Templeton Rye trade heavily on the nostalgia of the 1920s, so this is a nice fit for both.

The introduction of Templeton Rye into the storyline of Boardwalk Empire is still clothed a bit in mystery, but this much is known. Apparently in the first and possibly second installments for this new season, Enoch “Nucky” Thompson, the mayor of Atlantic City — who is played by actor Steve Buscemi — will drink a cocktail that uses Templeton Rye. That cocktail is called the “Nucky.” Here is the recipe for the “Nucky” that was developed just for the viewing party at the Science Center in case you want to give it a try yourself:

The Nucky
Creator: Eric Hay, Wirtz Beverage Illinois
1 and ½ oz. Templeton Rye
1 oz. Cherry Herring Liqueur
½ oz. Luxardo Bitter Liqueur or Campari
¾ oz. Fresh Lemon Juice
¼oz. Fresh Orange Juice
1 Dash Angostura Bitters
Garnish: 2 Luxardo cherries skewered
Build all ingredients in a shaker tin, add ice and shake hard for 8-10 seconds.
Double strain into a double old fashioned glass with fresh ice.

I have to admit that I have never seen or heard of Cherry Herring Liqueur before, so I’m not able to give it a try here at the Distilled Opinion alcohol testing laboratory.

The new season festivities start with a Boardwalk Empire Premiere Party hosted by Templeton Rye at Star Theater at the Science Center of Iowa on September 25th. Only 60 tickets are available. Scott Bush and Master Distiller Keith Kerkoff will be there to welcome the crowd.

If you can’t make it to the Science Center, or you want to check out additional Boardwalk Empire cocktail recipes using Templeton Rye (“Hello, Holy Rollers” and “The Templeton Typewriter”) you can download the Viewing Party Guide. I have to say that the party kit is quite creative. If I should happen to be on network T.V. someday I’ll be sure to copy this and make my own party kit.

There have been Templeton Rye tents at farmers markets, Templeton Rye clothes, Templeton Rye furniture, and now we get to see famous actors quaffing Templeton Rye. The only thing missing from all of this is any Templeton Rye! Although I haven’t seen any Templeton Rye sitting on a store shelf for years I have been informed that the monthly allotment to Iowa will “greatly” increase starting in October. I sure hope so, because even for those of us who have some Templeton Rye hidden away all of this marketing is a sublime form of temptation. For those unlucky souls who have none, it is torture. I’m starting to think that Templeton Rye is like that really cute chick that made every boy think that they had a chance, but who always had a boyfriend in another town. But there is hope. The supply continues to increase.

*Yes, I know that the show is mostly filmed in New York.

Americana – Mixing up that Cocktail Culture in Des Moines

The Americana Restaurant and Lounge has had a very successful launch and it appears to be keeping its customers. I have visited about five times so far and as you might expect, it is very busy on weekends. Central to the launch was a very defined marketing concept. If you missed it, Americana describes itself as an “urban restaurant and lounge that celebrates the swagger of the cocktail culture, and gives a modern twist on the decor of cabaret & supper clubs.” This marketing theme is consistently used every opportunity they get, including interviews. The “swagger of the cocktail culture” is a meme that is heavily mined. There is a renaissance of sorts when it comes to cocktails, though it has been going on for a decade for those that think this is a new phenomenon.

The place itself used to be an old car dealership, though you would never guess unless you looked up at the massive photographs on the walls showing the place decked out with old cars. This whole area of Des Moines was once home to a number of downtown car dealerships. Big lifts were once used to haul the cars to the upper stories since space was at a premium. The area was even home to a truck stop situated on the southwest corner of where the Nationwide Parking Garage now sits. The place is one of the few bars in Des Moines, that when it is full, and everyone is having a good time, actually has that electric vibe that you hope for in a real cocktail lounge.

The space retains the structure of the previous tenant but has a big island cocktail bar in the middle. The bar does not have a massive number of different drink mixes but it appears to have what it takes to make the usual cocktails. As for the cocktails, the menu features eleven specialty cocktails. I have not yet ordered a cocktail that is not on the list at the Americana. Prices range from $7 to $9 unless you order a different ingredient, such as your favorite gin. In that event you will be charged extra. I can’t recall if it is a buck or two. Some people get excited about that sort of thing, so I’m putting out that warning. Interestingly, the owners only have one draft beer from their other restaurant, Court Avenue Brewing. It is a Belgian White. Otherwise, there are enough craft, imported, and cheap American beers to satisfy just about any grumpy beer snob.

Lets talk about those cocktails. Americana takes an interesting approach to their house or specialty cocktails. They actually print the recipe right in the drink menu, so there is no mystery how they are supposed to make each drink. You can also get a better idea what they will actually taste like. As an example, you can see that their Singapore Sling does in fact contain a total of 8 ingredients, three of them various fruit juices. So, don’t be surprised if it tastes a bit like a spiked pineapple drink. I’ve tried the Side Car, Aviation, and yes, every lady’s favorite, the Strawberry Bitch (I reached over and borrowed a swallow from somebody that I better not ever call a bitch). It is actually really good; so good in fact that my wife is on a campaign to get the ingredients and make it herself. If you look around on a busy night you will see a number of patrons slapping down the Strawberry Bitch.

While somebody could order up a regular meal at the Americana, I don’t know that this is the main point. Little effort is made to create a large and varied entrée menu. I don’t think that this is a problem as the marketing emphasizes the booze. It makes sense, therefore, that the Americana would provide a number of Tapas plates. I’ve tried a number of tapas selections and they are all very solid, though I would not characterize the Americana as a “tapas restaurant;” it is a cocktail lounge that offers tapas plates. One tapas dish to try if you are looking for something to fill you up is the Pulled Pork Crostini. There is a healthy amount of pulled pork here. The pork is saturated with a mildly spicy Hoisin BBQ sauce. I’ve also tried the loaded cheese plate, scallop lollipops, and fried cheese ravioli. The scallop lollipops were scrumptious and the fried cheese ravioli was fabulous. I could eat those all day. This is a ricotta herb ravioli with butternut squash cream with a balsamic reduction dribbled over the plate and feta cheese sprinkled over everything for good measure. I’ve seen some negative comments online about the scallops, but I can’t fathom what their problem is.

Give Americana a try if you have not already. If you have not tried the tapas plates, give it a whirl. My verdict is that the Americana is delivering on its promise to bring us the cocktail culture. Whether Des Moines will catch on to this before something new becomes the “in” thing remains to be seen, but the diners that I’ve seen there appear to be satisfied.

Americana Restaurant & Lounge

LOCATION:
1312 Locust Street
Des Moines, IA 50309

HOURS:
Mon – Thu 11am to 11pm
Friday 11am to 2am
Saturday 10am to 2am
Sunday 10am to 11pm

515-283-1312

Whiskey Rebel – A Great Manhattan in Manhattan.

I happened to be in New York a few weeks ago and was walking through a non-tourist section of the Midtown-South part of the City in the small Kips Bay neighborhood (on the line between Gramercy Park and Murray Hill neighborhoods) and I stumbled across a neighborhood bar calledWhiskey Rebel. I had just enough time before the next event and I was kind of parched with all of the walking, so I stepped in for a drink. The outside of the place is quite fetching with its bold red, black, and tan color scheme. The old-fashioned decor pretty much continues as you enter, with a very comfortable long bar and distressed brick walls. The website has some nice pictures. Since I got there during the middle of the afternoon there were only a few others in the place.

This being Manhattan, I ordered up a Manhattan. The base whiskey was Makers Mark (they asked if I wanted anything else) and it was poured into a generously sized Manhattan glass with little ice (the ice was left in the shaker) and a bit of orange peel, a cherry, bitters, and vermouth. This was a very generous drink and it was a really, really good Manhattan. Too often when I order up a Manhattan it gets lost in a full glass of ice. I don’t know that I’ve had a Makers Mark Manhattan, but with this ratio of whiskey to the glass I might prefer the Makers over a really good rye whiskey.

If you find yourself in this part of Manhattan, then I can recommend Whiskey Rebel. A related bar, Whiskey Trader Bar & Lounge can be found at a more approachable location: 71 West 55th Street between 6th and 5th Avenues just three blocks south and a half block west of the Plaza Hotel.

129 Lexington Ave. between 28th and 29th Street
Tel. 212-686-3800
Hours:
Monday to Friday 11 a.m. to 4 a.m.
Saturday to Sunday 12 p.m. to 4 a.m.

Proofing Booze and Bread.

While writing the review about the restaurant “Proof” it occurred to me that the word might have some inside industry meaning. While I am familiar with the use of the term to describe a test used to prove the alcohol level of distilled spirits, I suspected that there might be some other meaning. I was right. In baking, proof can mean the final dough-rise during the fermentation process. I guess if the bread does not rise or stops, then it didn’t work. It can also mean the process of dissolving yeast in warm water if dry yeast is used.

The word “proof” in the distillation industry means that a spirit passes a certain test. Sailors were partly paid in rum rations and to make sure that the captain was not cheating the sailors by excessively diluting the rum, a proof test was developed. This test involved dousing the rum in gunpowder and then trying to light it on fire. Too much water, and the gunpowder was ruined and failed the explode. If it blew up, then everyone was satisfied that the rum was worth the ration and mutiny was avoided.

Beating the Summer Heat – The Blushing Russian

Everyone needs a quick cool drink during the dog days of summer. This one is maybe not quite so quick, but it is a great way to beat back some of the heat.

Blend:
1 oz Kaluhua
1 oz chilled Vodka
1 scoop vanilla ice cream
3 strawberries
1/2 cup of ice

Pour into a champagne flute and garnish with the fourth strawberry.