Community-Level Policies Addressing Social or Retail Access January 26, 2011

1. Community-Level Policies Addressing Social or Retail AccessJanuary 26, 2011 Brenda Amodei Northeast Regional Team CAPT Associate

2. Introduction to Connect Pro Welcome to this Connect Pro Virtual Meeting. We will be using the following windows: • PowerPoint Window • Attendee List • Chat • Note We will also use the “Raise your Hand” feature

3. Introduction to Connect Pro Two Ways to Ask Questions • In Writing: • Write question in chat window • Select Presenters from the drop down menu • Press enter or click the return character • Only the Presenters will see the question

4. 2. By Raising Your Hand: Raise your hand by clicking You will see your status change in attendees list Un-mute your phone (press * #) when called upon Remember to mute your phone again once you have finished speaking Lower your hand by again clicking Introduction to Connect Pro

5. Welcome & Virtual Roll Call • We will use the hand raise feature for a virtual roll call • Raise your hand to signal your presence when your affiliation (PRC or OASAS) is named: • Central • Finger Lakes • Mid-Hudson • NY City • Suffolk • Western • OASAS staff

6. Objectives • At the conclusion of the webinar, participants will be able to: • Describe policy strategies targeting social access • Describe policy strategies targeting commercial/retail access • Provide assistance to Prevention First-NY! communities in identifying policy strategies with conceptual and practical fit to their community conditions

7. Policies to Reduce Social Access • Open house assembly/social host • Reducing access to alcohol at community events • Keg registration

8. Policies to Reduce Commercial/Retail Access • Responsible beverage service • Administrative penalties • Checking age identification • Warning posters

9. Open House Assembly Ordinance that holds adults responsible for underage drinking at parties on property they own or on premises under their control. This may include parties at hotels and motels, as well as at private homes, in meeting rooms or other rented facilities.

10. Social Host Liability Note that sometimes we refer to open house assembly ordinances as “social host liability”. Be aware that traditionally social host liability refers to laws where adults who serve or provide alcohol to minors or persons who are obviously intoxicated can be held liable if the person to whom alcohol was provided is killed or injured, or kills or injures another person.

11. Procurement/Furnishing Laws vs. Social Host Laws • Whereas laws prohibiting furnishing alcoholic beverages to underage persons target providing alcoholic beverages to underage persons, social host laws target providing the venue where underage drinking takes place. • The adult does not need to provide the alcohol to be in violation of the law.

12. A Social Host Violation Occurs If: • The adult knows or reasonably should know that a person under the age of 21 will or does possess or consume any alcoholic beverage at the open house assembly • The adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage by persons under the age of 21

13. Tips for Writing the Ordinance • Make it a civil nuisance, not a criminal offense • Get prosecutors, not just law enforcement, on your side • Coalition should supply core elements but not write the ordinance

14. Restricting Access at Community Events Community Events may include, but are not limited to, sporting events, street fairs and festivals and concerts

15. Community Events Policies Consider having policies for: • Planning and set-up • Alcohol providers and sellers • Security • Food and beverages

16. Planning and Set-Up • Establish non-drinking areas for families and youth. • Establish designated drinking areas where youth are not allowed; no drinking outside of this area. • Limit alcohol sponsorship. • Have alcohol-free day/nights. • Establish enforcement procedures for all policies.

17. Alcohol Providers and Sellers • Require liability insurance • Require server training • Require servers to be 21 years or older • Require manager to be on duty

18. Alcohol Providers and Sellers (cont’d.) • Establish age ID procedures • Prohibit sellers from drinking on duty • Require signs regarding illegality of serving minors or intoxicated persons

19. Security • Establish procedures to handle intoxicated persons • Require security staff be trained • Ban drinking in parking areas and monitor lots

20. Food/Beverage • Limit cup size to 12 ounces • Use cups for alcoholic beverages that can be distinguished from non-alcoholic beverages • Use Portable Breath Test to determine if alcohol is in cup

21. Food/Beverage • Limit servings per person per purchase to 1-2 • Stop selling alcohol at least one hour before closing • Sell food and non-alcoholic drinks • Provide free water

22. Keg Registration Keg registration (or keg tagging) is a tool to identify and punish adults who buy beer kegs for underage youth. • Markings include unique identification numbers (using metal or plastic tags, stickers, invisible ink, or engraving). • The keg identification number is recorded along with the purchaser's name, address, telephone number, and driver's license number and kept for a specified length of time, usually six months to a year.

23. If a keg is confiscated from a location where underage youth are consuming it, the purchaser of the keg is identified and arrested or fined for supplying alcohol to underage persons The keg deposit fee is forfeited if a keg is returned with an identification tag that is defaced or missing Keg Registration

24. Responsible Beverage Service RBS programs teach techniques and policies to assist managers, servers and merchants to reduce the sales of alcohol to minors and intoxicated persons. • Server training should help managers and servers/sellers understand state, community, and establishment-level alcohol policies and potential consequences for failing to comply with such policies (e.g., criminal or civil liability, job loss).

25. Responsible Beverage Service • Training can be required by local ordinance or state law, or a law/ordinance may provide incentives for businesses that undergo training. • Need to specify if ordinance or law to owners, managers, servers, sellers, valet staff, etc. • Some individual establishments may voluntarily implement training policies in the absence of any legal requirements or incentives.

26. Potential Elements of RBS Training • The importance of checking age identification of customers who appear under age 30. • How to identify fake IDs and what to do once a fake ID is confiscated. • How to recognize situations in which adults are buying alcohol for underage youth.

27. Potential Elements of RBS Training • How to refuse sales to individuals who may supply alcohol to underage youth. • How to identify intoxicated customers. • How to refuse service to underage youth and intoxicated customers.

28. RBS Implementation Considerations • In-house trainer • Managers who have received RBS training. • A monitoring system to ensure that all employees are adhering to responsible serving/selling practices.

29. Administrative Penalties A legal mechanism that allows a local governing body to penalize alcohol license holders for failing to comply with state laws or local ordinances relating to sales of alcoholic beverages • Penalizes license holders (rather than the seller/server) • Issues a monetary fine or the suspension or revocation of an alcohol license • Is administered by a local governing body (city council, county board), rather than the court system

30. Graduated Penalties • Small cost for first offense • Larger consequences for those who don’t correct behavior • Fair and consistent

31. California Alcoholic Beverage Control • 1st offense (within 3 year period): possible probation, suspension or fine ranging from $750-$6,000 • 2nd offense: mandatory license suspension • 3rd offense: license may be revoked

32. Revocation or Suspension Revocation or suspension shall be preceded by a public hearing.

33. Disposition of Penalties All penalties collected shall be paid to the city/town treasurer and used to fund the cost of development and operation of related programs

34. Checking Age Identification Age identification policies are written guidelines at stores, bars and restaurants that provide employees with instructions on checking age identification of customers attempting to buy alcohol

35. Warning Posters • Remind salesclerks to check the age identification of all young-appearing customers. • Deter underage youth from illegally attempting to purchase alcohol.

36. Checking Identification Guidelines • Check the ID of anyone who looks under the age of 30. • Check the birth date to see that the person is over 21. Check to see if the birth date has been altered. • Check the ID photo and the recorded height for resemblance with the attempted buyer. Compare the hairline, eyebrows and chin shape on the photo-these are the most difficult features to change. • Check the expiration date. If it is expired, it is not a valid ID.

37. Comprehensive Approach Retail policies are most successful if combined:

38. Questions?