The Power of Full Engagement: Understanding and Working in the World of Alcohol

April 16, 2012

Session Overview

Why have alcohol regulation – Relationship to crime and public health Historical review of the 21st Amendment Methods of Regulation-Ordinance FormationOverview of Iowa SPF-SIG approved strategiesDiscussion of “Trade Practice” RegulationsReview

Why be concerned?

At least 85,000 Americans die each year from alcohol-related causes, making alcohol-related problems the third leading cause of death in the United States– Mokdad, A., Marks, J., Stroup, D., and Gerberding,

J. (2004) Actual Causes of Death in the United States, 2000. JAMA 291(10):1238-1245

Underage drinkers consume about 17% of all alcohol in US! Miller, TR, et al. (2006) Journal of Studies on Alcohol, 67(4) 519-528.

Cost of Underage Drinking In Iowa

Produced by the Pacific Institute for Research and Evaluation (PIRE) with funding from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), September 2011.

Alcohol & Crime

Almost one in four victims of violent crime report that the perpetrator had been drinking prior to committing the violence.Alcohol was involved in 32 to 50 percent of homicides

– Sprunt, B., Brownstein, H., Goldstein, P., Fendrich, M., and Liberty, J., (1995) Drug use by homicide offenders. Journal of Psychoactive Drugs 27(2):125-134.

– Goldstein, P., Brownstein, H., and Ryan, P. (1992) Drug related homicide in New York:1984 1and 1988. Crime Delinquency 38:459-476

– Greenfield, L. (1998) Alcohol and Crime: An analysis of national data on the prevalence of alcohol involvement in crime. Prepared for the Assistant Attorney General’s national Symposium on Alcohol Abuse and Crime, Washington DC

Alcohol & Violence/Crime

2008 Research Violence associated with bars and on premise outlet density– Study found that as alcohol availability increases the more likely it is that

couples will experience Male to Female Partner Violence. Specifically an increase of 10 alcohol outlets per 10,000 persons was associated with a 34% increased risk of MFPV.

– Researchers concluded that “neighborhoods with many alcohol outlets seem likely to have more problems related to drinking, including several different forms of alcohol-related violence.”

Alcoholism: Clinical & Experimental Research-ACER-”Alcohol availability and intimate partner violence among US Couples” Raul Caetano, T. Robert Harris, Malembe S. Ebama of theUniversity of Texas Houston School of Public Health, Dallas Regional Campus

Why be concerned?

“ A considerable volume of literature describes the association between harm and the consumption of alcohol on licensed premises. Such harms are of particular relevance as licensed premises are intended, through legislation, to provide an opportunity for alcohol consumption in a controlled and safe environment.”– Harm Reduction Digest 26 – Strategies and outcomes in

translating alcohol harm reduction research into practice: the Alcohol Linking Program- Drug & Alcohol Review (September 2004) 23, 355-364, John Wiggers et al.

Historical Perspective

The 21st Amendment to the Constitution – Gave the States the primary responsibility to

regulate the alcohol trade as a means to protect public health and safety.

– In many States this has historically been accomplished through oversight by a State Alcohol Beverage Agency which was tasked with regulating the sale and distribution of alcohol within their borders.

Historical Perspective

Most States chose to develop a three tier system of distribution and imposed laws and regulations on each of these tiers in an attempt to ensure public health & safety– Manufacturer– Wholesaler– Retailer

Historical Perspective

In many instances the state retains the exclusive right to regulate in the alcohol arena or severely limit locals from regulating in this area through preemption.You will need to review your state statute to determine what you can accomplish through city and/or county ordinances. Are there issues of preemption

Review Existing Laws

Know what your controlling state statute is and learn what it prohibits and/or allows. No need to reinvent the wheel.Example – In Missouri to ensure smooth commerce local entities cannot enact any regulations with respect to keg registration only the state can.

Review Existing Laws

Find out how licenses are currently issued/granted-Do you have a say?Obtain a copy of the law/ordinance which outlines the process– Are there specific requirements that must be met

The Order of Issuance– Federal, State, County, City

Methods to Regulate– Licensing

• Business license• Liquor license• Sales tax license

– Zoning• Residential• Commercial• Mixed Usage

If You Determine Additional Regulation is Needed

Understand the process to bring an ordinance/statute up for a voteHave an attorney help draft the languageFind a sponsor to shepherd it through the processAddress implementation pitfalls upfront– Who will enforce, what will it cost to

enforce/implement etc..

Ordinance Formation Overview

Ordinance Un-Development

On May 3, 2005 the Madison, NH, Selectmen signed the revised Alcoholic Beverage & Liquor Ordinance as approved under a petitioned Warrant Article at the 2005 Town Meeting that repealed the towns open container ordinance.

Citizens were concerned over the possibility of giving residents records that may enjoy an alcoholic beverage on Town owned property without abusing the substance. “There are many softball players who drink but are responsible enough to designate a driver for transportation.” Madison citizen comment

Education

Educate the general public on the issue/proposal– Forums– Fact Sheets– Press Conferences/Media Events– Letters to the Editor– Blogs/Twitter/Facebook

Educate those that will vote on the proposed ordinance– Quick one page fact sheets, policy briefs, white papers

Lawmakers/City CouncilAlcohol IndustryIdentify their opposition– Financial– Philosophical– Lack of knowledge

Know Your Opposition

Voluntary v. Mandated

In many instances you can achieve your objectives through voluntary means as opposed to enacting ordinances or laws.In addition, in the alcohol arena issues of preemption, interstate commerce and free speech may factor into what you can legislate.

Let’s Look at Some Iowa Approved Strategies

Iowa SPF-SIG Approved Strategies– Enforcement of Administrative Penalties– Alcohol Use Restrictions in Public Place– Alcohol Advertising Restrictions in Public Places– Prohibition of Alcohol Sponsorships of Public Events

Administrative Process

Most States ABC Administrative System allows for the following potential sanctions– Monetary Fine– Suspension of liquor license– Revocation of liquor license

Administrative v. Criminal

Many liquor law violations can trigger both criminal and administrative sanctions– Ex: Sale to a minor could result in a criminal

summons to the individual clerk who sold and/or the minor who purchased as well as an administrative sanction against the establishments liquor license or business license.

Enforcement of Administrative Penalties

The penalty structure needs to make the costs for violating the law significantly outweigh any benefits derived.Deterrence v. Cost of doing business– Specific Deterrence aimed at the specific offender– General Deterrence- aimed at potential offenders &

uses punishment of an individual offender to set an example for others

Enforcement of Administrative Penalties

Work with legislators/councilmen to enact stronger/tougher laws regarding alcohol related offenses both against youth, adult providers and businesses.Police can advise the coalition as to loopholes and or implementation problems with current laws or ordinances and possible changes which would make their job easier.Coalition can then advocate for the appropriate change needed to address the issue.

Enforcement of Administrative Penalties

Monitor Prosecutor’s/District Attorney’s to ensure they are filing cases.Monitor Court and ABC/AHC dispositions on underage drinking cases. ex: MADDIssue press releases on those dispositions.Recognize Prosecutors/Judges/Courts that are fairly and consistently dealing with underage cases-reward them.Invite them to be an active member of your coalition.

Restrictions on Use in Public Places

Permitting process for use of alcohol in public places such as parks, public streets, festivals, parades– Resident Cards – Require a % of attendees be city residents– Limit the hours of consumption in public parks– Prohibit alcohol consumption on parade floats– Prohibit drinking on public streets

Restrictions on use in Public Places

Prohibit individuals from bringing their own liquor into public areas– Require any alcohol consumed in a public place be

purchased from an onsite vendor who has a stake in the game

– Tempers consumption– Require training of servers– Place serving limitations (size, number & container) – Prohibit kegs in public parks

Restrictions on use in Public Places

Public overwhelming supports restrictions on alcohol in public places – as high as 85% surveyed are in favor of restrictions

– Wagenaar AC, Harwood EM, Toomey TL, Denk CE, Zander KM. Public Opinion on alcohol policies in the United States; Results from a national survey. Journal of Public Health policy, 21(3): 303-27, 2000.

Provides enforcement officers an easy way to deal with folks who are not following the guidelines – If a group is acting unruly and they have brought their own we can deal with them without infringing on those who are being respectful of the law.

Restriction on Use in Public Places

Illinois law which bans use on school property.– Petty Offense for anyone to possess alcohol on

public school property on school days.– Petty Offense for anyone to possess alcohol at

events on public school property when children are present.

– 235 ILCS 5/6-16(e).

Restrictions on Use in Public Places

Schools can impose rules which can limit access to alcohol– No outside containers – Styrofoam cups– Only see through bags allowed at events– Inspections prior to entering events– Monitor parking lots - do not allow loitering– Prevent re-entry into events once subject leaves

Alcohol Advertising

Income from underage drinking = $22 Billion/year (mostly from beer) (IOM, 2003).

Total spent on alcohol advertising = $4.8 billionMany ads work to “normalize” drinking alcohol

Alcohol Advertising & Culture

Alcohol ads are being made to target various groups/individualsUse of holidays/celebrations in adsUse of women in ads

The Messages of Alcohol Advertising/Youth

The argument about whether advertising is intentionally directed at underage youth is not relevant. The reality, regardless of intent, is that children are widely exposed to these ads, learn from them and develop expectations about their likelihood of future drinking based in part on these commercials.

Source: Lawrence Wallack, TV Beer Commercials and Children.

“Exposure, Attention, Beliefs, and Expectations About Drinking as an Adult.”

44 Liquormart

US Supreme Court Decision on Rhode Island’s total ban on advertising of alcohol prices.Court overturned RI’s Statute stating it infringed on the Constitutional Right of Free Speech.Court implied that anything less than a total ban may be acceptable so long as it was limited in scope and supported by substantial evidence that it promoted a public health or police power of the state.

Regulating Advertising

Federal Courts have ruled that billboards can be regulated or even banned on both safety and aesthetic groundsFederal Courts have also ruled that advertising can be regulated so long as the regulation meets certain criteria and that alcohol in particular is a legitimate subject of speech regulation – Marin Institute for Prevention of Alcohol and Other Drug Problems. Can

they ban these boards? Newsletter No. 12, Winter 1997

Regulating Advertising

Three prong test– The asserted governmental interest addressed by

the law or regulation is substantial;– The law or regulation directly advances the asserted

governmental interest; and– The law or regulation employs a means that is

narrowly tailored to achieve the desired objective

Making Your Case

You will need to provide evidence regarding the importance of restricting alcohol use among youth.You will need to provide evidence that shows the relationship between alcohol advertising and underage alcohol consumption.Must show that ordinance is a reasonable fit with the stated goal of reducing alcohol consumption by youth.

Illinois Prohibits Advertising Directed Toward Children

Alco pops-Advertising – 235 ILCS 5/6-35 Prohibits the advertising, promotion or marketing of alcopop beverages toward children (No use of cartoons, video games, sponsorship at athletic events where the primary audience is kids, billboards within 500 feet of school, in public parks & amusement parks). Fines $500 1st Offense - $1000 -2nd Offense

Alcohol Sponsorship

Communities may unintentionally promote youth alcohol use by allowing alcohol sponsorship at youth-related events. Work with schools and youth athletic leagues to find appropriate sponsors.

Alcohol Sponsorship

Alcohol Sponsorship of public events may already be regulated by your state alcohol beverage control agency through limitations on “trade practices”What are “Trade Practices”?

Trade Practices

“Trade Practices” limit what various levels of the three tiered system can provide to another level of the tier in the way of– Free Product– Advertising through

• Consumer novelty items & giveaways (t-shirts, ball caps etc…)• Signage• Traditional Advertising – media outlets – radio, television ads• Sponsorship at concerts & sporting events

Trade Practices

Most States through their State Alcohol Beverage Agency limit the dollar amount that can be provided to a retailer by a wholesaler or manufacturer and is usually done by brand name– Ex: Budweiser, Bud Light, Bud Light Lime would all

be considered a different brand even though they are manufactured by the same company.

Alcohol Sponsorship -The Alcohol Equation

How important is selling alcoholic beverages to the success of the event?Is it a primary source of income?

Be Part of the Planning Process

Reduces problemsReduces conflictsReduces liability risks

The Planning Process

The Planning process should include all parties that will be involved with or affected by the event.– Event Organizer– Law Enforcement (Local, State, Prosecutors & Regulatory– Vendors/Retail Associations– Town/County Elected Officials– Community reps/neighborhood associations

Alcohol Sponsorship - Events

What can you do? Work with event organizers to address areas of concern– Limit novelty item giveaways to 21 and over– Find alternative sponsorship for the event– Mandate training for servers– Put in place alcohol control measures

Alcohol Sponsorship- Events

Alcohol Control Measures– Limit alcohol to certain areas – alcohol free zones– Limit serving sizes and containers – Equal number of non-alcohol vendors at events– Food requirements– Age of Servers– Prohibit drinking by workers

Alcohol Sponsorship - Events

Fair St. Louis – July 4th Celebration– By voluntary agreement between event organizers,

park officials, enforcement agencies and licensing agencies alcohol control measures were imposed

• Training Requirement• Immediate shut down of vendors who violated alcohol laws – Waived right to

hearing• Limits on sale, Cutoff procedures• Replacement Costs – damages to park grounds• Increased enforcement – Task Force• Insurance Coverage

Review

Alcohol regulation is important because it is a product that when abused has the potential for serious harm to communities.With certain limitations communities have the right to set standards as to what is acceptable within their community.

Review

Be open to compromise - reasonable limitations as opposed to out right bans may be just as effective in achieving your goal of a healthier environment.Familiarize yourself with your existing liquor code and ordinances. Identify your opposition and seek ways to overcome the opposition.

Review

Monitor courts and administrative agencies to ensure they are imposing meaningful sanctions against youth violators, adult providers and liquor vendors.

Review

Work to limit advertising and/or alcohol sponsorship of events that are predominately youth oriented. Impose alcohol control measures at events to ensure responsible sale and consumption.Work with community officials to place limitations on use of alcohol in public places such as parks & schools

The Cycle

Some Additional Resources

Pacific Institute (PIRE) www.udetc.orgAlcohol Policy Information System (APIS) www.alcoholpolicy.niaaa.nih.gov/National Alcohol Beverage Control Assoc. (NABCA) www.nabca.org/The Community Guide www.thecommunityguide.org/alcohol/index.htmlThe Center for Alcohol Policy http://www.centerforalcoholpolicy.org/

Pacific Institute for Research and Evaluation

Underage Drinking Enforcement Training Center11720 Beltsville Drive, Suite 900

Calverton, MD 20705-3102877-335-1287www.udetc.org

Consultant Contact Information

Nancy M. McGee, Special Agentmcgeenm@sbcglobal.net

314-877-0325 (w)

Let’s Talk About Your Questions and Issues