Oklahoma’s underage drinking prevention initiative that promotes environmental prevention...
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Transcript of Oklahoma’s underage drinking prevention initiative that promotes environmental prevention...
Underage Drinking: Retail Access
Erik SmootOK ABLE Commission
2Much2Lose Regional Coordinator
2Much2Lose
Oklahoma’s underage drinking prevention initiative that promotes environmental
prevention strategies throughout the state. 2M2L is based on the Environmental
Prevention Model.
Prevention specialists advocate environmental strategies.
Components of a Comprehensive Plan
Limitations on Access
Expressions of
Community Norms
Strategies Based in Schools
Prevention of Impaired Driving
Strategies
Limitations on Access
Expressions of
Community Norms
Strategies Based in Schools
Prevention of Impaired Driving
Strategies
Policy
Enforcement
Awareness
PIRE
Enablers of Underage Drinking
Attitudes of parents Attitudes of community at-large Attitude of enforcement / Courts Traditional method of enforcement Sales to minors Third party transactions Beer Distributor Deliveries
Focus on Enforcement
Partnership between law enforcement and the community
Deterrence and EnforcementEffective Deterrence requires the Perception of:
Certainty Swiftness Severity
Active Enforcement is a Requirement for Effective Deterrence.
The Case for Enforcement Partnerships
Tackling underage drinking without enforcement is not just difficult, it’s impossible
Enforcement should be the cornerstone of your community efforts
Enforcement equals prevention
Enforcement Strategies
Compliance checks Party patrols Bar Checks Fake ID
enforcement Third-party
transactions Source investigations Social host Shoulder taps
Others?
Low Point Beer
37 O.S. § 163.1…not more than 3.2 % by weight.
Permits Continued…
3. Retail› On Premise› Off Premise› On/Off Premise› Special Event› Brew Pub
37 O.S. § 163.11. K
District Court Judge shall revoke permit…
A. Drunkenness of Permit Holder/Allowing others
B. Permit Holder under influence of drugs/ Allowing others
C. Sale to persons under the age of 21 years
D.Allowing underage persons in bar area
Revocation Continued…
E. Nonpayment of taxes
F. Violation of Prohibition/Gambling Laws
G. Violation of State/Federal Liquor Laws
H. Violation of State/Federal Narcotics Laws
Underage Persons
37 O.S. § 241.A Unlawful for anyone to sell, barter or furnish.
37 O.S. § 241. BUnlawful for on-premise permit holder … to allow underage in bar area….
Underage Continued…
37 O.S § 241. C Unlawful for permit holder to allow persons under 21 to consume.
37 O.S § 246No person under 21 shall consume or possess with the intent to consume…
Underage Continued…
37 O.S. § 246. A- Exceptions: Under Supervision of a Law Enforcement
officer.
Under Supervision of a parent or legal guardian.“… but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense low-point beer ….. “
Underage Continued…
21 OS § 1215
Unlawful for persons under 21 to possess intoxicating beverage including low-point beer while upon public street, road, highway, or public building or place
Underage Continued…
37 O.S. § 246. B
No person under 21 shall enter or attempt toenter a separate or enclosed bar area…
Underage Invitees
37 O.S. § 8.2A. No person shall knowingly and willfully permit
an individual under the age of 21 years who is an invitee of said person in the person’s residence…room owned, occupied, leased…on any land owned, occupied, leased or otherwise procured by the person, to possess or consume any alcoholic beverage , low point beer or any controlled dangerous drugs.
B. Any person who violates this section, shall be guilty of a misdemeanor the first two convictions and a felony upon a third conviction .
Spirits (Liquor)
37 O.S. § 506.30Any beverage other than wine or beer, containing more than .5% alcohol by volume and obtained by distillation
Wines/Champagne
37 O.S. § 506.40Any beverage containing more than .5% alcohol by volume and obtained by fermentation of fruits, honey, milk, vegetables, sugars etc.
Beer
37 O.S. § 506.5Any beverage containing more than 3.2 % alcohol by weight & obtained thru fermentation of barley, grains, malt & similar products.
Designated Bar Area An area where sale
of alcoholic beverages for on premise consumption is the main purpose.
A separate or enclosed area defined by barriers & ABLE prescribed signs.
Under 21 Years of Age Exceptions Cont’d
37 O.S. 537.E.5
Closed to the public Premises used for a private party Written 10 days advance notice to the ABLE Commission
Under 21 Years of Age Exceptions Cont’d
37 O.S. 537.B.2 Underage musicians Either accompanied by a parent or legal guardian
or Written, notarized affidavit from the parent or legal guardian giving the underage musician permission to perform in designated bar or lounge areas Must be on their person Available for inspection upon demand by any ABLE Commission officer or law enforcement officer
Misdemeanors
37 O.S. § 537.A.8Consume Alc. in public place.
37 O.S. § 538.EUnder 21 misrepresent age.
21 O.S. § 1215Under 21 possess alcoholic
beverage in public place.
Felony Statutes 37 O.S. § 537.A.1
Sell, deliver, furnish alcohol to person under 21.
37 O.S. § 537.A.2Sell, deliver, furnish alcohol to mentally insane/or intoxicated person.
Number 1
Beer
Number 2
Beer
Defining the Problem
How many 12 oz bottles of beer are in a standard keg?
Beer
164 bottles
Millions of Underage Teens Illegally Buy Alcohol from The Internet - Online wineries almost never check the
buyers' ID and children and teenagers have
the freedom of purchasing as many alcoholic
drinks as they like, whenever they likeBy: Alexandra Lupu, Health News Editor
WASHINGTON, Aug. 10 /PRNewswire/ According to an online survey conducted by Teen Research
Unlimited for the Wine & Spirits Wholesalers of America, Inc.
members, millions of teens have bought or know other minors
who purchased alcohol via Internet. More specifically, more than
half a million teenagers admitted to have purchased alcohol from
online alcohol shops and more than 3 million minors said they
have a friend who has obtained alcohol in the same way.
Stan Hastings, Chairman of the Wine & Spirits Wholesalers of
America stated in this respect: "This is a dangerous situation. For
the first time, we have hard evidence that millions of kids are
buying alcohol online and that the Internet is fast becoming a
high-tech, low-risk way for kids to get beer, wine and liquor
delivered to their home with no ID check."
SOURCE: Wine and Spirits Wholesalers of America, Inc
Where Can You Buy Lawfully?
Blue – Limited Direct Ship and Permit States
Maroon – Direct Shipments not Permissible
Gold – Reciprocity States
Enforcement Follow-Through:
Penalties on clerks Penalties on license holders Allow Media to ride along Work with judicial partners Work with community leaders to
create environmental change (including youth)
Enforcement Follow-Through
Community Follow-Through: Publicize results (Media Plan) Educate retailers Educate the general public Review policies and advocate change
as needed
Enforcement Follow-Through
Media Advocacy . . .
. . . is a piece of a larger puzzle
aimed at changing
community norms, policies, and practices.
Contact Information
Erik SmootPhone: (405)837-9740Email: [email protected]
To register for 2Much2Lose Training: www.ok.gov/odmhsas