strategic enforcement

Strategic Enforcement

Deborah Berry State Representative

Jeffrey D. Lester City of Des Moines

Sergeant Greg Fangman Waterloo Police Department

Frederick Mahony National Liquor Law Enforcement Association

Class E Liquor License

Class "E" liquor control license authorizes Class E licensee to purchase alcoholic liquor from the State and to sell liquor and high alcoholic content beer for consumption off the licensed premises and to other liquor control licensees.

Class E Liquor License Before July of 2011, Iowa Code Section

123.30 had a very simple, one sentence restriction that prohibited a Class “E” liquor license from being issued to any premises “where gasoline was sold.”

In 2011, the Legislature passed a bill that made gasoline selling establishments legitimate premises for the issuance of Class “E” Liquor Licenses.

Class E Liquor License According to a March 9, 2012 Des Moines

Register Article, 258 Class E liquor licenses for convenience stores were issued statewide:A 33 percent growth in retail liquor businesses The increase netted the state roughly $2.8 million in

new revenueRoughly one in four places that sell liquor in Iowa is

now a convenience storeOf the new licenses state-wide, fifty-one percent of the

licenses were issued to convenience stores in Iowa’s 10 most populous counties (Polk, Linn, Black Hawk, Dallas, Dubuque, Johnson, Pottawattamie, Scott, Story and Woodbury)

Unintended Consequences from Legislative Amendment

Increased Alcohol DensityThe City of Des Moines has experienced

more dramatic increases than the State of Iowa since July of 2011. ○ Des Moines now has 72 Class

"E" Liquor Control Licenses ○ Prior to removal of the “gasoline” restriction,

Des Moines had 44 Class “E” Liquor Control Licenses.

With the 28 additional licensees, that is an increase of nearly 65% (63.64%).


Greater Concentration of Class E Liquor Licensees near other licensees

Other Licensees Contemplating New locations near other licensed locations


Council Reports Significantly Increased Neighborhood Complaints Concerning Liquor Licensed EstablishmentsIncreased Loitering Activity at Troublesome

Licensed LocationsGreater Numbers of Police CallsIssues with Lighting and Trash

Citizen Safety Concerns Repeatedly Vocalized

Historical Issues

Problems with small “grocery” stores morphing into liquor storesUsing sale of tobacco & gas to meet the

50% threshold for gross receiptsAt inappropriate sitesInadequate management and operational

controls by some businesses Associated nuisance problems

Summary of Problems Encountered

Proliferation and density of businesses selling liquor for off-premises consumption

Inadequate site standards allowing detrimental impacts on nearby uses

No limit under state law for liquor license density and attendant problems

State gains the benefits of revenue; local government hit with the attendant costs

Proliferation And Density

Council had goal to limit the proliferation and density of class E liquor licensees

Believe Ordinance Changes will help City staff to meet that goal

Initial Ordinance Changes

Defined a liquor store as a business deriving more than 40% of its gross revenue from the sale of wine, beer, alcohol or tobacco (applies to existing businesses after 12/31/2013) Continued to allow gas sales to be

counted as merchandise

Impact of Initial Changes

The impact will not be fully realized until 2014 Existing limited food/retail stores will be

required to change business model/operation to comply with the 40% limitation, or

Obtain a conditional use permit and be designated as a liquor store

Class E Liquor License

Iowa Cities are largely pre-empted from regulating alcohol under the Iowa Code

Cities can, however, enact zoning regulations to exert limited control over uses of property

Liquor Code Amendment Amendment focused on “good moral character”

as provided in State and City Code

Analyzed definition for opportunities to enhance Council review of licensee’s record

Amendment Permits Council to take better stock of Applicant’s:Financial CapabilityMisdemeanor RecordAlcohol Related Offenses

Liquor Code Amendment

Applicant’s Recent Misdemeanor Convictions may now be considered as one element of granting license (Examples)

Theft Assault Disorderly ConductPublic Intoxication Fraud

Applicant’s Recent Alcohol Related Offenses may now be considered as one element of granting license

Basis of Zoning Regulation

Zoning regulations must be rationally tied to use of the land

Zoning cannot distinguish between identical uses of land by different owners and tenants – any such distinction must be tied to differences in the use of the land and not to conduct unrelated to land use

General and Large food and retail sales stores (over 12,000 square feet) must:

- maintain current 75’ separation from church, school, daycare and park

- no ¼-mile separation from otherClass E licenses

Imposed Separation Between Class E Liquor Licenses

Require new liquor stores, gas/convenience stores, and limited food or retail stores (under 12,000 s.f.) to have a minimum ¼ mile separation from any like business holding a class E licensee

Expanded Separation Requirements From Family Oriented

Uses

Any liquor store, gas/convenience store or limited food or retail store selling liquor must now have a 500’ separation from any church, school, park or day care

Impact of Increased Separation Requirements

Decreases the potential maximum future density of class E liquor licensees

Existing businesses would have legal non-conforming rights

Improve ZBOA Review Standards

Required compliance with minimum design and operational standards, such as:

Minimum standards to prevent theftProminently display 24-hour contact

information for a manager or owner

Liquor Code Comparison AfterAmendments

* Similar Restrictions Apply to Gas Station/Convenience Stores and Liquor Stores

** Fewer Restrictions Applied Under Previous Code

CURRENT* Conditional Use Permit

Required for more stores Applies to less than 12,000

s.f. alcoholic liquor seller 500 feet of separation from

family oriented uses ¼ Mile separation from

most other class E licenses

PREVIOUS** Conditional Use Permit

Required for smaller stores Formerly applied to10,000

s.f. alcoholic liquor seller Previously only 150’ of

separation Previously NO separation

from other sellers

Liquor Code Comparison AfterAmendments-Conditional Use Permit CURRENT

Increased exterior lighting and eliminate hiding places

Require Posting of “No Loitering” signs

Prohibit any outside speakers or amplified sound without sound permit

Clearly impose burden of proof on applicant to show percentage of sales

Minimum standards to prevent theft Prominently display 24-hour

contact information for a manager or owner

PREVIOUS Less stringent lighting restrictions

in place No requirements regarding

loitering signs Ambiguous regulations concerning

sound in place previously Burden of proof remained on City

to show percentage of sales No standard concerning theft

prevention No requirement for manager,

owner or operator contact at any time

Alcohol Compliance Checks

Alcohol Compliance Checks

C/I between the ages of 17-20 Normal appearance Photograph C/I prior to checks Photocopy of actual license Photocopy buy money

C/I Directions

C/I is to use his actual license C/I is to only use money PD supplied Enter business and select an alcohol

product and go to checkout If asked by clerk, C/I to verbally give

actual age or actual license C/I is not to attempt to persuade clerk to

sell if denied

C/I Directions

If retailer sells alcohol to them, they are to leave alcohol and the change on the counter and exit the store

Officer

Will be either inside or outside of the business

If violation occurs, officer will make contact with the clerk

Evidence

Observations by the officer at time of sale

C/I testimony C/I may have had a recording device on

his person at time of check Store security system Money used to purchase alcohol

Alcoholic Beverage Control and Enforcement

Chief Frederick Mahony

Massachusetts Alcoholic Beverages Control Commission

National Liquor Law Enforcement Association

October 3, 2013

State Alcohol Law Enforcement Overview

Underage Enforcement and Prevention

Sales to Intoxicated Persons Enforcement and Prevention

Criminal Investigations

(Gambling, Narcotics, Prostitution, Gang activity)

Nuisance Abatement

Retail Licensee Training

32

Massachusetts• 14000 Retail outlets -15 Investigators

• 300 Reports – 1200 Violations in 2011

• Primary Enforcement Objectives:– Impaired Driving Prevention– Underage Drinking Prevention– Alcohol Related Crime Prevention

33

Massachusetts Enforcement Strategy

Baseline Enforcement: Compliance ChecksThe objective of this operation is to educate licensees and

to increase the vigilance of bars & liquor stores in the checking of identification.

34

Targeted Data Driven Enforcement: Problem BarsData based, intensive enforcement at bars

seen as the source of impaired driving arrests and alcohol related crime.

Enhanced Enforcement OperationsSeasonal enforcement programs to address problem times

and locations.

Compliance Checks – Decoy Operations

35


36


37

Data Driven – Targeted Enforcement

Data helps guide decision making, enhances your purpose, and improves

performance management

38

http://intranet/wslcb/Images/2012-08-03-lean-jim-800.jpg


Data Sources• Internal Tracking

– Inspection frequency– Violation trends by type of license or offense– Compliance rates

• Partner Agencies– Local law enforcement– WA State Patrol– Department of Revenue– Department of Health

• Research and Trends– OJJDP– NHTSA– NLLEA

39


Public Safety Risk Factors• Time of day

• Day of week

• Activity

• Time of year

• Police calls

40

• Citizen concerns

• DUI data

• Frequency of checks

• Youth survey

• Social culture (college)


41


42

Sales to Intoxicated Persons (SIP) Enforcement

43

Place of Last Drink Notices - 2001

44

Place of Last Drink Notices - 2010

45

46

Massachusetts Place of Last Drink - 2012

Top 25 Worst Offenders

47

Massachusetts Place of Last Drink

City Licensee Address #

Boston TD Garden 100 Legends Way 51

Springfield MARDI GRAS 91 TAYLOR STREET 48

Greenfield Taylor's Tavern 238 Main Street 45

Foxboro Gillette Stadium Route 1 45

Ayer Carlins Restaurant 7 Depot Square 44

Salisbury Ten's Club 11 North End Blvd 40

Newburyport Michael's Harborside Tournament Wharf 40

Newburyport Thirsty Whale State Street 38

Webster Mario's Showplace Thompson Rd. 35

Peabody Sylvan Street Grille 12 Sylvan Street 35

Newburyport The Grog 13 Middle Street 35

Fitchburg Partner's Pub 970 South Street 33

Worcester Irish Times 244 Main Street 32

Oak Bluffs Season's 19 Circuit Ave 30

Great Barrington Bogies Pub 935 S. MAIN ST 30

Amherst Monkey Bar & Grille 63 N. Pleasant Street 28

Whately Castaway's Route 5 25

Springfield Salty Dog 280 Bridge Street 25

Salem O'Neal's Washington Street 25

Peabody Paddy's Kellys 154 Washington St 25

Oxford CENTERFOLDS 2000 SOUTHBRIDGE ROAD 25

Fitchburg Center Ice Airport Rd 25

Chicopee Maximum Capacity School Street 25

Ipswich Majestic Dragan 81 Turnpike, Rte.1 22

Cambridge Middle East Restuarant 472-480 Massachusetts Ave 22

Top 20 Worst Offenders

License Tradename City DUI Count

MCCLOUDS SALOON Bremerton 64

JAZZBONES Tacoma 54

J.R.'S DISCONTINUED Marysville 38

WAYNE'S INN BAR & GRILL Puyallup 38

YELLA BEAK SALOON Enumclaw 36

LADY LUCK'S COWGIRL UP STEAKH. & SALOON Tacoma 36

BRICKHOUSE BAR AND GRILL Vancouver 36

MUNCHBAR/PIANO BASH Bellevue 35

MASA Tacoma 34

MUCKLESHOOT INDIAN CASINO Auburn 29

JAKE'S ON 4TH Olympia 28

THE PARLOR, BELLEVUE'S BILLIARDS & SPIRITS Bellevue 23

TOMMY C'S Port Orchard 23

THE JET BAR & GRILL Mill Creek 22

SNOQUALMIE CASINO Snoqualmie 22

SUQUAMISH CLEARWATER CASINO Suquamish 21

LATITUDE 84 Tacoma 21

BUMPY'S Puyallup 21

JEZEBELS BAR & GRILL Olympia 21

JOKER'S COMEDY CLUB Richland 2048

Washington Place of Last Drink

Massachusetts SIP Enforcement

49

There are over 2,400 Operating Under the Influence (OUI) reports filed with the ABCC

annually.

In 2007 the ABCC developed a report on the 30 “worst offenders”;

24 of these bars were charged.

The 2008 data clearly demonstrated a dramatic reduction in the number of OUIs originating from the bars that had been subject to intensive liquor

enforcement and charged with SIP.

SIP enforcement known as “Operation Last Call” is conducted during strategic periods throughout the

year.

P0LD Notice - Reduction

50

Partners Club

American Graffiti

On The Rocks

Carlins

Alberti's

Taylor's Tavern

Michael's

The Grog

Sylvan Grille

Jenerations

Sportsway

Granville Pub

North End Pub

The Place

Gypsy Bar

0 5 10 15 20 25 302008 POLD 2007 POLD 2006 POLD


51

National Transportation Safety Board Washington, DC 20594

Safety Recommendation

“An essential part of any arrest or accident investigation involving an alcohol-impaired driver should include an assertive effort by law enforcement officers to determine the

location where the impaired driver had been served alcohol. This information is useful to state alcohol law enforcement authorities conducting enforcement actions to deter

future violations.”

Source Investigations

52

Source Investigations are conducted to identify the source of alcoholic beverages

that have been sold to minors or intoxicated persons involved in serious

incidents and vehicle crashes and to determine whether the provider was acting

within the law.


53

Responding Officer

Information gathered at the scene or time of the MVA / Incident is critical to the success of a Source Investigation. The responding officer should gather as much source information as possible including, but not limited to, the following:

• Place of Last Drink

• Time of the subject(s) arrival at the licensed premises.

• Time of the subject(s) departure from the licensed premises.

• Alcohol consumed by subject(s) at the licensed premises.


54

Licensed Premises Investigation

The assigned Investigator(s) should conduct an investigation of the retail premises where information indicates that the subject(s) were served alcoholic beverages. This investigation will include, but not be limited to:

•Surveillance video of the date in question.

•Employee records, timesheets, or personnel files to determine who was present on the date in question and who may be responsible for the serving of the alcoholic beverage to the subject(s) involved in the crash.

•Credit card records and sales terminal transaction reports to determine any records of the sales to the subject(s) involved in the crash.

•Interviews employees and patrons.

55

Enhanced Liquor Enforcement

Cops in Shops Operations This operation targets specific licensees where we have developed information that indicates a

serious problem with underage individuals purchasing alcoholic beverages through false identification as well as adults procuring alcoholic beverages for underage individuals

Reverse Sting / Trap Door Operations

This program places two undercover Investigators, acting as door or bar personnel, in a participating bar or nightclub. The undercover Investigators prevent those under the age of 21 from purchasing

alcohol or using or possessing false identification.

Last Call Operations This operation targets specific licensees, which have been identified, pursuant to MGL Chapter 90 § 24J, as having been the last establishment to serve alcoholic beverages to a convicted drunk driver. Investigators have an immediate impact in keeping intoxicated individuals from driving and a long-

term deterrent effect in preventing licensed bars from serving intoxicated individuals. This operation has proven extremely effective in keeping drunk drivers off of the roads and highways of the

Commonwealth.

56

Enhanced Liquor EnforcementMassachusetts has one of the lowest ratios of enforcement agents to licensees in

the country. Enhanced Liquor Enforcement Programs have been crucial to the public safety of the commonwealth, and have resulted in a steady decline in the

illegal purchase of alcoholic beverages by or for underage individuals.

57

Enhanced Liquor EnforcementOperations Safe Campus

The objective of this operation is to prevent the procurement of alcoholic beverages by and for underage individuals in and around college communities over a 6-week

period at the beginning of each school year.

Operation Safe Prom and Graduation The objective of this operation is to prevent the procurement of alcoholic beverages

by and for underage individuals during the high school and college prom and graduation season over an 8-week period during May and June.

Operation Safe SummerThe objective of this operation is to prevent the procurement of alcoholic beverages

by and for underage individuals as well as the sale of alcohol to obviously intoxicated individuals in summer communities over a 6-week period.

Operations Safe Holidays

The “Last Call” operation focuses on Impaired Driving prevention through SIP enforcement, in addition to “Cops in Shops” operations to prevent the procurement of alcoholic beverages by and for underage individuals, from Thanksgiving through

December 31st.

58

Enhanced Liquor EnforcementParent Notification Program

For several years the Enforcement Division applied for criminal complaints for underage individuals found in possession of alcoholic beverages or false

identification.

This process resulted in a negative experience for many families, a criminal record for underage individuals and a drain on agency resources for court time.

The Division implemented it’s “parent notification” program and has found it to be a tremendous success.

Investigators call parents from liquor store parking lots or bars and inform them of the situation their child is in.

Investigators have found that this type of intervention is a powerful tool toward a long-term family involvement in addressing the problem of underage drinking.

Enhanced Liquor Enforcement

59

Training of Local and State Law Enforcement

The Investigation and Enforcement Division works in a concerted effort with Massachusetts Police Academies and Local Police Departments to educate local and state law enforcement officers in the enforcement of the Massachusetts Liquor Control Act as well as False Identification

and Fraudulent Document detection. This training enhances the prevention of underage drinking and drunk driving by developing local

police department knowledge of and involvement in liquor law enforcement.

The Investigation and Enforcement Division conducted Training

Sessions for 270 Police Departments and 1081 Officers in 2009; 169 Police Departments and 729 Officers in 2010; 157 Police Departments and 601 Officers in 2011; and 111 Police Departments and 409 Officers

in 2012.

Recommendations

• Develop and maintain Baseline Enforcement

• Develop Data Driven Enforcement Initiatives

• Develop broad based enforcement programs

• Train Municipal Police Officers

60

Contact Information

Chief Frederick Mahony

Massachusetts Alcoholic Beverages Control Commission

239 Causeway Street

Boston, MA 02114

617-727-3040 ext. 714

[email protected]

National Liquor Law Enforcement Association

11720 Beltsville Dr., Ste. 900

Calverton, MD 20705 USA

301-755-2795

[email protected]

www.nllea.org61

mailto:[email protected]

mailto:[email protected]

http://www.nllea.org/

http://www.facebook.com/pages/National-Liquor-Law-Enforcement-Association/116504875030677

Thank you to our sponsors!

strategic enforcement

Documents