The ABLE Commission s Role in Protecting Public Safety
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1 The ABLE Commission s Role in Protecting Public Safety 1 Providing a better understanding of the role of the ABLE Commission Presented By: Captain Joe D. Daniels Special Agent-in-Charge Oklahoma ABLE Commission 02/29/2016
2 Oklahoma Alcoholic Beverage Laws Enforcement Commission 2 Constitutionally Created L.E. Agency. Enforce, License & Regulate the Alcoholic Beverage & Charitable Gaming Statutes Enforce specific Tobacco Statutes.
3 LAW ENFORCEMENT GOALS 3 The ABLE Commission strives to achieve compliance with the state s liquor, tobacco, and charity games laws and regulations through education, outreach, licensing, inspections and enforcement activities in conjunction and cooperation with local and state enforcement officials, local authorities, the industry, advocacy and community groups and the general public.
4 DISTIRCTS 4
5 Authority 5 Article 28 of the Oklahoma Constitution Section 2 excludes ABLE from regulating low-point beer. Responsibility of city and county authorities Title 37 Intoxicating Liquors
6 Why learn the alcohol laws? 6
7 Duty to Enforce All Law Enforcement Officers All sheriffs, marshals and police officers, all district and city attorneys, OSBI and OBNDD, and all members of the ABLE Commission shall diligently enforce ABC Act. 7
8 8 Duty to report violation 37 O.S All L.E. Officers upon arrest of ABLE License holder for violations of Alcohol related statutes notify the ABLE Commission
9 9 Duty to transfer specific seizures 22 O.S Seized liquor and gambling machines must be transferred to the Sheriff and an Affidavit filed with the Court Clerk.
10 Duty to our communities 10
11 11 Alcohol is more abused than other illicit drugs combined. BJS: Bureau of Justice Statistics Alcohol and Crime: Data from 2002 to 2008 Michael R. Rand, William J. Sabol, Michael Sinclair, Howard Snyder September 3, 2010 Table 29 Source Survey of Inmates in State and Federal Correctional Facilities, 2004.
12 In 2004, approximately 33% of state prisoners said they were under the influence of alcohol at the time of the offense. 12 An estimated 37% of state prisoners serving time for violent offenses claimed to been under the influence at the time of the offenses. BJS: Bureau of Justice Statistics Alcohol and Crime: Data from 2002 to 2008 Michael R. Rand, William J. Sabol, Michael Sinclair, Howard Snyder September 3, 2010 Table 29 Source Survey of Inmates in State and Federal Correctional Facilities, 2004.
13 To prevent impaired driving 13 In 2014, there were 9,967 fatalities in motor vehicle crashes involving a driver with a BAC of.08 or higher 31% of total fatal crashes. (NHTSA, 2015) An average of 1 alcohol-impaired-driving fatality occurred every 53 minutes in (NHTSA, 2015) Approximately 50 percent of the people arrested for driving under the influence consumed their last drink at an on-sale licensed establishment. (NHTSA, 2005)
14 To prevent impaired driving states in the US have criminal statutes that prohibit sales to intoxicated persons. (exceptions are Florida, Nevada, Wyoming) 65-79% of alcohol establishments will serve alcohol to patrons who appear obviously intoxicated. (Lenk, Toomey, & Erickson, 2006; Toomey et al., 2004) Increased enforcement on establishments led to a 36% decrease in DUI arrests from those sites, with a decrease in BAC from those sites compared to DUI arrests from establishments without additional enforcement. (McKnight & Streff, 1994)
15 Why is there a need for ABLE? 15 To prevent underage drinking and related harms Youth who drink alcohol are more likely to experience: School problems, such as higher absence and poor or failing grades Social problems, such as fighting and lack of participation in youth activities Unwanted, unplanned, and unprotected sexual activity Higher risk for suicide and homicide Alcohol-related car crashes and other unintentional injuries, such as burns, falls, and drowning Changes in brain development that may have life-long effects Death from alcohol poisoning
16 In 2014, 22.8% of underage people (ages 12-20) were current alcohol users (drank within the past 30 days), 13.8% were binge alcohol users (five or more drinks on once occasion), and 3.4% were heavy alcohol users (five or more drinks on the same occasion 5 or more days in the past 30 days). (SAMHSA, 2015) Alcohol is a factor in approximately 4,300 deaths among underage youth in the US each year. (CDC, 2016) 16 In 2010, there were approximately 189,000 emergency room visits by persons under age 21 for injuries and other conditions linked to alcohol. (SAMHSA, 2012)
17 Preventing Excessive Alcohol Consumption: Enhanced Enforcement of Laws Prohibiting Sales to Minors 17 Enhanced enforcement programs are often conducted as part of multicomponent, community-based efforts to reduce underage drinking. Many also include strategies to increase perceived risk of detection by publicizing the increased enforcement activities and cautioning proprietors against selling alcohol to minors. These messages can be delivered using either mass media or by sending letters to all local alcohol retailers. The Community Preventive Services Task Force recommends enhanced enforcement of laws prohibiting sale of alcohol to minors, on the basis of sufficient evidence of effectiveness in limiting underage alcohol purchases.
18 What types of operations does ABLE conduct? 18 Underage Compliance Checks False ID checks TRACE Investigations Social Host Investigations Sales to Intoxicated Persons (SIP) operations Place of Last Drink (POLD) operations Licensed Premise Inspections Moonshine/Bootleg investigations Trade Practices investigations Illegal Gambling Operations Retailer and Server Training
19 Percentage of Licensed Alcohol Establishments Failing Compliance Checks: Key: 0-15% 16-30% 31%+ No Data
20 FALSE ID TRAINING 20 If you think the ID is not real you do not have to serve them alcohol. You may request another form of acceptable ID with a date of birth and name to verify. Most people who use a fake ID do not make a second form ID with the same information
21 TRACE INVESTIGATIONS 21 TRACE investigations are initiated when there has been an alcohol-related fatality or crime, and there is the possibility that the alcoholic beverages were not lawfully purchased or consumed due to: Sales/service to underage persons Sales/service to intoxicated persons TRACE investigations use criminal and administrative investigative techniques to determine the original source of the alcohol.
22 SOCIAL HOST INVESTIGATIONS 22 No person shall knowingly and willfully permit any individual under 21 years who is an invitee to the person s residence, any building, structure, or room owned, occupied, leased land owned, occupied, leased to possess or consume any alcoholic beverage any lowpoint beer or any controlled dangerous drugs, or any combination, in such place. TITLE 37 O.S. 8.2
23 PENALTY - Underage Invitees 37 O.S First Offense Misdemeanor, punishable by fine of not more than $ Second Offense Misdemeanor, punishable by fine of not more than $ If within 10 years of conviction of this section If convicted of another state s prohibition of this offense If convicted in a municipal criminal court of record of a municipal ordinance of this offense
24 PENALTY - Underage Invitees 37 O.S. 8.2 Third Offense Felony, fine not more than $2, and imprisoned in DOC for up to 5 years or both fine and imprisonment If within 10 years of conviction of this section If convicted of another state s prohibition of this offense If convicted in a municipal criminal court of record of a municipal ordinance of this offense If convicted of any combination of two or more of the above Great Bodily Injury or Death Felony, fine of $2, to $ , imprisoned in DOC for up to 5 years or both fine and imprisonment and, in addition, any other provided penalty. 24
25 OVERSERVICE OPERATIONS 25 Possible actions taken in response to overservice: Assist the licensee Offer information to the licensee about the problems encountered Provide Responsible Beverage Server Training Provide literature and educational materials to servers and patrons Criminal Sanctions Administrative sanctions - license suspension or removal
26 POLD Operations 26 POLD data: Helps local law enforcement and planning agencies improve internal oversight of high-risk drinking settings. Promotes improved serving practices and alcohol policies of retail alcohol establishment owners and operators to reduce a variety of alcohol-related problems, including DUIs. Builds broad public support for effective prevention and enforcement measures. Applies pressure on problematic establishments to change their serving patterns.
27 POLD Data Collection Points 27 Sobriety checkpoints Roadside during motor vehicle stops At the ER or by EMTs Subsequent to arrest for OUI/DUI At sentencing
28 Licensed Premise Inspections 28 Licensed Premise Inspections are conducted for businesses licensed to sell and serve alcoholic beverages, to ensure compliance with physical and administrative requirements for holding a liquor license. Regular inspections help to: Identify and address existing or potential issues, Develop positive working relationships with staff and educate them about their responsibilities, and Create an environment for the licensee to comply with laws and regulations governing sale/service of alcohol.
29 Right to enter and inspect 29.such right of entry and inspection shall be a condition on which every license shall be issued and the application for, and acceptance of, any license hereunder shall conclusively be deemed to be consent of the applicant and licensee to such entry and inspection. T Refuse or fail to promptly open a door to the licensed premises upon request of an agent or inspector of the Alcoholic Beverage Laws Enforcement Commission or any other peace officer to enter the premises, when the licensee or employee knows or should know that such request is made by an agent or inspector of the ABLE Commission or any other peace officer. This provision shall not be construed to deny agents of the ABLE Commission or any other peace officer access at any time to any licensed premises. T
30 What is looked for during a licensed premise inspection? 30 The most common violations are: Sale/service to a minor Sale/service to a visibly intoxicated person Failure to post required permits, licenses or notices Health or fire code violations Illegal Gambling Open containers leaving premises (On-premise) Drinking on the property (Off-premise) Underage persons soliciting purchase of alcohol by adults Fighting/Disorderly conduct Sales after legal hours Loitering It is not unusual to witness other offenses (drugs, outstanding warrants, etc.)
31 MOONSHINE INVESTIGATIONS 31
32 TRADE PRACTICES INVESTIGATIONS 32
33 GAMBLING INVESTIGATIONS 33
34 SERVER TRAINING 34 Provide training for managers, servers, and bartenders on how to serve alcohol in a responsible manner. Training may include: The State s alcohol laws How alcohol effects the body Checking IDs Recognizing the signs of intoxication
35 DEFINITIONS 35 Spirit 37 O.S Any beverage other than wine or beer, containing more than.5% alcohol by volume and obtained by distillation Wine and Champagne 37 O.S Any beverage containing more than.5% alcohol by volume and obtained by fermentation of fruits, honey, milk, vegetables, sugars etc
36 DEFINITIONS 36 Beer 37 O.S Any beverage containing more than 3.2 % alcohol by weight & obtained thru fermentation of barley, grains, malt & similar products. Low-Point Beer 37 O.S alcohol content not more than 3.2 % by weight.
37 KEG REGISTRATION 37 No licensed retailer shall sell beer kegs unless that retailer affixes an identification seal to each beer keg.
38 38 A licensed retailer who sells a beer keg must at the time of the sale record: a) the purchaser s name and address and the number of the purchaser s driver license, identification card issued by the Department of Public Safety, military identification card, or valid United States or foreign passport, b) the date and time of the purchase, c) the beer keg identification seal number required by subsection B of this section, and d) the purchaser s signature
39 39 Any person who purchases a beer keg and who fails to return the keg or who returns a keg with a damaged or missing seal shall be subject to a fine of Five Hundred Dollars ($500.00).
40 40 Oklahoma ABLE Commission Headquarters McAlester Office cell
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