Strategies for Reducing 3rd Party Transactions of Alcohol to Underage Youth and Source Investigations

1. OJJDP the Enforcing Underage Drinking Laws Program Strategies for Reducing 3rd Party Transactions of Alcohol to Underage Youth and Source Investigations

2. What Is a 3rd Party Transaction? • A third party transaction occurs when an adult furnishes alcohol to an underage person for the minor’s consumption. The amount of alcohol provided can range from a single drink in a bar to a keg of beer. Defining the Problem

3. Research Related to 3rd Party Transactions • Youth report that adults over 21 years old are their most common sources of alcohol (Wagenaar et al, 1996) • For drinkers 18–20, 68% stated that they obtained alcohol from someone over 21 years old on their last drinking occasion (Wagenaar et al, 1996) Defining the Problem

4. Types of 3rd party transactions • Familiar transactions • older siblings • friends over 21 • parents and other relatives • Stranger transactions • adults going into retail establishments • homeless or transients in the community • World Wide Web?

5. Laws and Ordinances that Directly Address 3rd Party Transactions • State statutes • Keg registration laws • “Attempt to” laws • Adult responsibility laws • Retailers’ responsibility laws Tools for Prevention

6. Laws and Ordinances that Indirectly Address 3rd Party Transactions • Loitering • Curfews for youth • Open containers of alcohol • Official closing hours of parks and other public areas • Nuisance abatement Tools for Prevention

7. Enforcement Stop Adult Providers

8. Enforcement Strategies to Address 3rd Party Transactions Through Strangers: • Tips • Surveillance Enforcement Strategies

9. “Shoulder Tap” Enforcement Program: Model 1 • Focus is on stopping underage purchasers • Enforcement officers dress in “plain clothes” to blend in with typical adult population in front of an establishment • Officers wait to see if youth ask them to purchase alcohol Enforcement Strategies

10. “Shoulder Tap” Enforcement Program: Model 2 • Underage volunteers are recruited, selected and trained to serve as decoys • Jurisdiction using underage operatives for shoulder tap operations follow guidelines for volunteers in compliance checks • An underage decoy, supervised by an officer, approaches an adult going into an establishment to buy alcohol • If the adult makes the purchase for the decoy s/he is detained by the accompanying officer(s) Enforcement Strategies

11. While “shoulder tap” enforcement programs have been effective in some areas, the use of underage decoys in this manner is not permitted in many jurisdictions • Check with local prosecutors, judges, and district attorneys thoroughly before initiating this type of program Enforcement Strategies

12. What Happens When A Youth Related Incidence Occurs and Alcohol is Suspected?

13. INVESTIGATING THE SCENE: • An alcohol related source investigation is conducted to determine the reasoning of a serious crime(s) and if alcohol was a contributing factor to that crime. • Each investigation is conducted based on it’s individual merit to determine if criminal or civil action is warranted

14. Continued: • If provisions of the beverages were found to be made illegally, then investigators will be expected to prepare and file appropriate criminal and administrative charges against the providers of the alcoholic beverages

15. The following are some alcohol related crimes we face during source investigations: ALCOHOL RELATED CRIMES: • Child Abuse • Alcohol Poisoning • Burns • Drowning • Treatment • Traffic Crashes • Suicides • Homicides • Sexual Assaults • Robbery

16. LOCATIONS: • To sum up the different locations an alcohol related source investigation could take place will be either one of the two following locations: • Licensed Premises • Unlicensed Locations

17. LICENSED PREMISES: • This would include any location that has been issued a valid license or permit as a privilege by the city, county, or state to sell, serve, or deliver an alcoholic beverage to an individual

18. Licensed Premises may include but are not limited to the following: • Bars • Stores • Temporary Outlets • Private Clubs • Restaurants • Liquor Stores

19. UNLICENSED LOCATIONS: • This would include any location that has not been issued a valid license or permit or any privilege to sell, serve, or deliver an alcoholic beverage legally

20. Unlicensed locations may include but are not limited to the following: • Homes • Fields • Warehouses • Parks • Beaches • Lakes • Hotels/Motels • Vacant Homes/Vacant Lots

21. STRATEGIES USED FOR SOURCE INVESTIGATIONS: • Your department or agency policy and procedures on investigating sources • Your department or agency involvement • Nature of the crime • Type of action; criminal / civil or both • Witnesses • Prosecutors • Media

22. Continued: • Newspaper • Community involvement • Involvement of Other departments or agencies • Any outside information relating to the incident

23. THE INVESTIGATION: • While the time factor should always be considered in any investigation, use whatever time necessary to conduct a thorough and complete investigation

24. At a minimum, investigating officers should maintain a complete set of notes that: • Outline their investigation • Contain any statements • Contain who was interviewed • Contain reasons why an investigation was or was not pursued and why charges were or were not filed • Describe any evidence that was obtained or seized during the investigation

25. FILE AND LOG OF INVESTIGATION: • Any source investigation should be kept in a separate file and maintained for at least one year • A log should be kept of all assigned investigations and maintained for at least one year.

26. The log should list at a minimum: • Reporting Agency • Date received • Complaint number / Case number • Agent / Officer • Date assigned • Date closed • Date of occurrence • Location of incident • City/County • Accident class • DWI / DUI • Age • Victim / DWI • Evidence Obtained or Seized

27. Example of Where Youth Obtain Alcohol Source: Arizona ACJC Pima County 2008

28. Social Host Laws • We know that most teens get their alcohol from adult enablers. • May be purchased or provided for youth • Commonly occurs in venues like house parties, hotel rooms, secluded locations • Social Host focuses on the environment of providing instead of only the purchase

29. Social Host Laws • Make allowing or permitting underage drinking a crime • Focus on adult enablers • Targets law enforcement investigations • Consequences for adult behavior • Criminal • Civil – civil liability can easily exceed criminal sanctions • Provides criminal charges for source investigations

30. If Properly Used – Social Host Laws Can • Provide an effective deterrent • Individuals • Businesses • Demonstrates community expectation and support from elected officials • Help develop a proactive culture among law enforcement

31. Model Social Host Laws No person of legal drinking age may knowingly permit or fail to take reasonable action to prevent the illegal consumption of spirituous liquor by an underage person on premises owned by the person, or under the person’s control

32. Other Tactics to Reduce Youth Access to Alcohol • Ordinances • Unruly Gathering • Cost Recovery • Community Involvement • Community Training • Tip Lines – Intelligence Gathering • Cooperation with businesses • Licensed Establishments • Venues where youth congregate / drink

33. Underage Drinking Enforcement Training Center Contact Information • For Assistance or Additional Information • 1-877-335-1287 (toll free) • www.udetc.org (website) • Udetc@pire.org (email address )