Work With What You Got: How every coalition can reduce alcohol misuse

1. Work With What You Got: How every coalition can reduce alcohol misuse Julia Sherman Wisconsin Alcohol Policy Project jsherman2@wisc.edu P.S. That’s good news for your coalition.

2. Alcohol policy is generally 95% politics + 5% law

3. 2 Municipal Aspects to Alcohol Licensing: Determines, the number, location and character of the places selling and serving alcohol in the community. State law & municipal ordinances: Prescribe behavioral expectations for alcohol consumption and establish the community context for alcoholsales, serving and consumption.

4. Topics Why existing laws are important and where to find them. Enforcing existing laws & ordinances Licensing locations to sell and serve alcohol

5. Topic 1:Why Enforcement is Important Enforcement reduces the AVAILABILITY of alcohol. But law enforcement can only enforce laws the community supports.

6. Topic 1:Why Enforcement is Important Laws indicate acceptable community norms. When a law isn’t enforced, it also indicates a community norm.

7. Where to start:Has your municipality adopted Chapter 125? Many municipalities adopt Wisconsin Chapter 125 Sun Prairie: 5.08.010 - State statutes adopted. A. The provisions of Chapter 125, Wisconsin Statutes, are adopted and incorporated within this chapter. All future amendments to Chapter 125, Wisconsin Statutes, are adopted and incorporated herein as of the effective dates of those amendments. B. This section is subject to the provisions of the penalty section of this chapter.

8. Elkhorn 12.03 - Alcohol beverages. (1) State Statutes Adopted. The provisions of Chapter 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverage control.

9. Not every municipality adopts Chapter 125 State alcohol laws still apply, but some offenses will not be be municipal offenses.

10. State law creates the outline;local ordinance fill the silence. Wisconsin Statutes 125.25 are silent on the number of “Class A” and Class “A” licenses a municipality may issue. Middleton : “The total number of Combination Class “A” and :Class A” License shall not exceed 12.”

11. For example: Class A Licensees may hold “tasting events” Municipality preempted from banning or reducing hours, BUTa municipality may require a licensed bartender, require cordoned area or, require everyone to produce ID prior to receiving a sample.

12. Municipal ordinances fill the spaces between the lines.

13. Where can I find my municipal code? Municipal building Municipal website Public library Municode.com

14. Topic 1: Recap Enforcing alcohol laws reduces the AVAILABILITY of alcohol. Do you know what’s on the books? Has your municipality adopted Chapter 125? How? Has your municipality adopted other ordinances that limit or sanction alcohol-related behavior? But are they enforced?

15. Topics Why existing laws are important and where to find them. Enforcing existing laws & ordinances Licensing locations to sell and serve alcohol

16. Why Supporting Enforcement Benefits Your Coalition: Allows your coalition to build good relationships with: Law enforcement. Local elected officials Neighborhood Associations

17. “Excuse me Officer; Do we enforce alcohol related policies & practices in Pleasantville?”

18. 10 Question Jump StartPolice, Municipal Judge, Alders, Local Businesses, Municipal Attorney How many citations are written for underage drinking? How many citations are written for providing alcohol to youth? How often do the police conduct alcohol age compliance checks? Who gets the citation when a decoy is able to purchase? What happens when these citations go to court?

19. 10 Question Jump StartPolice, Municipal Judge, Alders, Local Businesses, Municipal Attorney 6. What happens when a noise complaint is called to the PD or Sheriff? 7. How hard is it to get a license to sell alcohol? How do you get one? 8. What happens when a bar or tavern calls for assistance? 9. What happens at bar time in town? 10. Do local police do “bar walk throughs” ? What happens?

20. Can you Identify Under-enforced or Unenforced Policies ……………… Complaint based alcohol age compliance checks Event based alcohol age compliance checks Unenforced limitations on alcohol in parks, on school property Distance requirement from schools, churches &licensees Adult hosting or providing alcohol

21. Why didn’t it work? Not an exact science. Was this the right intervention for the community? Was the policy implemented appropriately? Was this a political failure? [Who says it failed?]

22. What’s needed to make it work? Resources: money & manpower Money provides training, overtime and community outreach Manpower: professional or community Leadership: Political & Civic Community support: citizens involvement & organizational support.

23. Topic 2 Recap: Research & study existing laws &ordinances. Determine which are not enforced or cited, then dismissed. Determine if ordinances under-enforced or simply ignored. Ask why, consider the response.

24. Topics Why existing laws are important and where they hide. Enforcing existing laws & ordinances Licensing locations to sell and serve alcohol

25. Topic 3:Licensing Locations to Sell & Serve Alcohol Where public participation makes a BIG difference

26. The number and location of alcohol outlets impacts the alcohol environment. Density is the number of licensed establishments selling and serving alcohol within a compact area. Clusteringoccurs when outlets are concentrated in a small area. High levels of outlet density will increase alcohol related crime and disorder – even if everyone is a “good” owner.

27. Even too many “good operators” will result in alcohol related disorder. Why is this a problem? An alcohol license can be denied for any reason but can only be suspended, revoked or non-renewed for cause. Once a density problem exists, it can only be reversed over time– usually a long time.

28. There is no right to an alcohol license in Wisconsin But once granted it can only be suspended, revoked or non-renewed for cause.

29. Each municipality has a process Learn the process & openings for public participation. License Process Checklist Wisconsin Open Meetings Law Call alders/councilmembers/trustees

30. Licensed Premises: VERY IMPORTANT! Alcohol can be sold, served or consumed anywhere in the area defined as the “licensed premises”. Can only be amended by agreement after license issued. .

31. License Conditions:Must be on original license, not added later. Add licensed conditions: If violated become grounds for sanctions. Limit on the occupancy (maximum number of people inside) Food service, hours of operation, hours of entertainment Dress code, entertainment restrictions. Security plan or requirements Describe licensed premises in detail, Include all areas where alcohol will be stored or sold Areas need not be contiguous, expect in Milwaukee. Need not include areas alcohol passes through – do not include parking lot!!!

32. License conditions should be VERY specific : A neighborhood meeting can reveal concerns. If applicants make promises, make them license conditions. Don’t agree to work things out later – put the license on hold (tabled) until you have license conditions

33. In extreme circumstances, you have the……..

34. Ultimate coalition weapon: 125.12(2) (ag) Complaint. Any resident of a municipality issuing licenses under this chapter may file a sworn written complaint with the clerk of the municipality alleging one or more of the following about a person holding a license issued under this chapter by the municipality: 1. The person has violated this chapter or municipal regulations adopted under s. 125.10. 2. The person keeps or maintains a disorderly or riotous, indecent or improper house. 3. The person has sold or given away alcohol beverages to known habitual drunkards. 4. The person does not possess the qualifications required under this chapter to hold the license. 5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

35. What happens then ? Upon the filing of the complaint, the municipal governing body or a duly authorized committee of a city council shall issue a summons, signed by the clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under ch. 801 for service in civil actions in circuit court.

36. What this means: If a citizen believes a licensee has violated the terms of his license, the citizen may file complaint triggering a revocation hearing. Not to be undertaken lightly. Sworn statement required. Must be prepared to prove the assertions in complaint.

37. Topic 3: Recap There is not right to an alcohol license Too many licensees will increase levels of crime & disorder. License conditions must be added before license is issued. “Official” citizen complaints trigger a hearing.

38. Summary: All coalitions can influence municipal alcohol policies. Learn what polices are on the books. Identify under-enforced & unenforced policies, and the reasons behind inaction. Learn community alcohol licensing process and get involved. Make your coalition part of the system

39. Improve your alcohol environment, start today! Julia Sherman Wisconsin Alcohol Policy Project jsherman2@wisc.edu 608-262-0370