Idaho State Police Alcohol Beverage Control

Transcription

1 Idaho State Police Alcohol Beverage Control LEO Training 2016

2 Safety 67% of people in America drink alcohol 58 % of high school graduates drink alcohol 44% of college students binge drink 48% of college students said, drinking to get drunk is an important reason for drinking. 23% of college students reported driving after consuming five or more drinks 19% of college students met the criteria for alcohol abuse or dependence Source: NESARC, Center for Science in the Public Interest, Gallup-research date

3 Idaho s Three Tier System Brewers/Suppliers Distributors/Wholesalers Retailers/Grocers/Bars To facilitate state and local decision making about alcohol. To efficiently collect taxes. To promote responsible consumption and community safety. To balance competition and regulation while maintaining an orderly market.

4 Retail Alcohol License A license is needed to dispense alcohol in the state of Idaho. Must have appropriate license for the type of alcohol to be sold.

5 State License

6 The person or entity to whom a retail alcohol license is issued (Licensee) State License

7 Original, current licenses must be signed and prominently displayed in the premise. I.C State License

8 Endorsements will be listed on the license State License

9 Laws & Rules

10 Alcohol Regulations Code Title 23 IDAPA Idaho Administrative Rules IDAPA 11, Title 5, Chapter 01 City & County Ordnances

11 Possible Legal Actions against a Violator Criminal Citation Arrest Administrative Violation

12 Possible Legal Actions Against a Licensee Administrative Violation Notice Suspension Revocation Monetary penalty Criminal Complaint Fine Jail

13 Retailer Alcohol Purchases Beer Must purchase beer for resale from dealer or wholesaler licensed in this State. I.C Wine Must purchase or receive wine for resale from a distributor. I.C

14 Retailer Alcohol Purchases Liquor must be purchased from a state liquor store. Liquor cannot be sold by the bottle. Liquor retailers can only sell liquor by the drink.

15 Hours Of Sale State law sets the hours of sale for all licensed alcoholic beverage establishments at 1:00 a.m. Counties and Cities can extend the hour to 2:00 a.m. I.C

16 Hours Of Sale Beer and Wine Sale hours are 6:00 a.m. to 1:00 a.m. Beer and wine does not have to be locked up after closing hours. I.C , I.C

17 Hours Of Sale Liquor Sale hours are 10:00 a.m. to 1:00 a.m. Opened bottles must be locked up after sale hours. Sealed bottles do not have to be locked up.

18 Hours Of Sale Alcohol sales stop at the mandated time. Open liquor is locked up; Beer and wine is stored. Alcohol consumption ends 30 minutes later. All alcohol left on the tables or bar is poured down the drain.

19 Hours Of Sale People can remain in the premise as long as the licensee allows them, but no alcohol can be sold or consumed after the mandated time. Private parties in a bar still need to follow hours of sale. Licensed premises or noncatered/non-licensed party.

20 Days Of Sale There are no restrictions on days of sale for beer and wine.

21 Days Of Sale Liquor may not be sold, offered for sale, or given away on: Sunday, Memorial Day, Thanksgiving, or Christmas. Cities and counties can allow sales on Sunday, Memorial Day and Thanksgiving. Liquor cannot be sold on Christmas day.

22 Right To Inspect Premises

23 Premises Licensed Premise: The building and property used by the licensee for the sale of alcohol. The premise is identified by the floor plan and diagram submitted to ABC.

24 Right To Inspect Premises All law enforcement officers have the right to inspect licensed liquor, beer, and/or wine premises. The licensee and/or employees must allow the officer in to examine the premises. I.C

25 Right To Inspect Premises All law enforcement officers have the right to inspect licensed liquor, beer, and/or wine premises for records during the licensee s regular and usual business hours. IDAPA

26 Defacing ISLD Stamps Licensees are responsible for defacing the yellow ISLD stamp immediately when the bottle becomes empty. Not after the premise is closed Not the next day when inventories are checked. Re-pouring is illegal

27 Defacing ISLD Stamps

28 Outdoor Advertising I.C prohibits advertising any brewer or trade name, trademark or label of any brand of beer.

29 Outdoor Advertising

30 Outdoor Advertising I.C prohibits advertising the sale of liquor.

31 Outdoor Advertising

32 Keg Sales Keg receipts and stickers required Required information on State of Idaho form: Purchaser Vehicle transporting keg Address where consumed False information reported on the form is illegal.

33 Catering Licensee is the applicant Licensee is responsible for the alcohol service Based on the type of license possessed by licensee Cannot be issued for a licensed premises Permits are handled by the city or county clerk Issued for a party or convention I.C A

34 Under 21 Internet Blog Please reccomend some ways to obtain alcohol as a minor. I'm not 13 years old, 17 so please do not lecture.

35 Under 21 Internet Blog friends over 21 or just ask people to buy it for you outside of the store it works for me all the time

36 Under 21 Internet Blog Or just find a place that doesn't ask for an ID

37 Under 21 Internet Blog I walk into the shop and buy it.

38 Under 21 Internet Blog just go to all the bars in your area. i guarantee at least one will sell you alcohol.

39 Under 21 Internet Blog I'm 14, and no one has asked me for my ID People are much more laid back then you might think :)

40 Under 21 Internet Blog Fake id... Look older... Get someone else to buy it for you..

41 Compliance Checks Conducted using ABC minors from years of age. They use their real state issued identification. Shoulder Taps ABC minors approach people outside of a licensed establishment and ask them to purchase alcohol.

42 Selling To Under 21 Restrictions on sale -- No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold, delivered, or given away, or allowed to be consumed, any alcohol beverage, including any distilled spirits, beer or wine, to:

43 Selling To Under 21 Any person under the age of twenty-one (21) years, proof of which shall be a validly issued state, district, territorial, provincial, national or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth, or a valid passport. I.C

44 Over Service

45 Over Service It is illegal to sell alcohol to the following: Any person actually, apparently or obviously intoxicated. An habitual drunkard. An interdicted person. "Interdicted person" means a person to whom the sale of liquor is prohibited under law. (I.C ) I.C &

46 Over Service If a patron in your premise is showing apparent signs of intoxication then you can not: Serve them alcohol Sell them alcohol Allow them to possess or consume alcohol

47 Identifying Problem Outlets Collect data: Calls for service Fight/disturbances within proximity of the bar DUI reports-point of last sale Complaints Cold crime reports

48 Source Investigations Serious injury or fatal crash Underage alcohol consumption Alcohol is involved from a licensed establishment Call out ABC Detectives to the scene or call next day

49 Checking Identification

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51 Checking Identification A valid identification will have the person s photograph and date-of-birth. Valid forms are: State, national, or other equivalent government driver s license or identification card. Valid Immigration and Naturalization card from the Department of Homeland Security (DHS). Military identification card. US Passport or US Passport card. Valid Foreign passport with a valid U.S. VISA. I.C

52 Checking Identification A person cannot refuse to show identification to a police officer when: They possess, purchase, attempt to purchase, or consume alcoholic beverages. They are in a premise. I.C A

53 Checking Identification Over 21 Adult Style no longer issued (Will be in circulation until 2019)

54 Checking Identification Under 18 - Green Under 21 - Red

55 Checking Identification In 2011, Idaho switched from an over-the-counter system to a central issuance system. Applicants are issued a temporary, which is valid for 30 days.

56 3 Categories of Fake Identification Borrowed/Fraudulent Use Use friends ID that is over 21 Altered Change letters/numbers on real ID Fake/Manufactured ID s Can easily be purchased online Sold as novelty items

57 Counterfeit or Altered Age Documents If alcoholic beverage licensees, their employees, or agents receive age identification documents which have been lost or voluntarily surrendered, they shall deliver the documents to an agent or investigator of the Alcohol Beverage Control Bureau or to other law enforcement officials within fifteen (15) days from the date they were received, found or voluntarily surrenders. When identification documents that appear to be mutilated, altered or fraudulent are presented to a licensee, their employees or agents, they must contact law enforcement and/or refuse service. IDAPA

58 Idaho State Police Alcohol Beverage Control Detective Tyler Jussel Detective Tim Snell