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Strategic Enforcement. Deborah Berry State Representative Jeffrey D. Lester City of Des Moines Sergeant Greg Fangman Waterloo Police Department Frederick Mahony National Liquor Law Enforcement Association. Class E Liquor License.

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Strategic Enforcement

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strategic enforcement
Strategic Enforcement

Deborah Berry

State Representative

Jeffrey D. Lester

City of Des Moines

Sergeant Greg Fangman

Waterloo Police Department

Frederick Mahony

National Liquor Law Enforcement Association

class e liquor license
Class E Liquor License
  • Class "E" liquor control license authorizes Class E licensee to purchase alcoholic liquor from the State and to sell liquor and high alcoholic content beer for consumption off the licensed premises and to other liquor control licensees.
class e liquor license1
Class E Liquor License
  • Before July of 2011, Iowa Code Section 123.30 had a very simple, one sentence restriction that prohibited a Class “E” liquor license from being issued to any premises “where gasoline was sold.”
  • In 2011, the Legislature passed a bill that made gasoline selling establishments legitimate premises for the issuance of Class “E” Liquor Licenses.
class e liquor license2
Class E Liquor License
  • According to a March 9, 2012 Des Moines Register Article, 258 Class E liquor licenses for convenience stores were issued statewide:
    • A 33 percent growth in retail liquor businesses
    • The increase netted the state roughly $2.8 million in new revenue
    • Roughly one in four places that sell liquor in Iowa is now a convenience store
    • Of the new licenses state-wide, fifty-one percent of the licenses were issued to convenience stores in Iowa’s 10 most populous counties (Polk, Linn, Black Hawk, Dallas, Dubuque, Johnson, Pottawattamie, Scott, Story and Woodbury)
unintended consequences from legislative amendment
Unintended Consequences from Legislative Amendment
  • Increased Alcohol Density
  • The City of Des Moines has experienced more dramatic increases than the State of Iowa since July of 2011.
    • Des Moines now has 72 Class "E" Liquor Control Licenses
    • Prior to removal of the “gasoline” restriction, Des Moines had 44 Class “E” Liquor Control Licenses.
  • With the 28 additional licensees, that is an increase of nearly 65% (63.64%).
unintended consequences from legislative amendment1
Unintended Consequences from Legislative Amendment
  • Greater Concentration of Class E Liquor Licensees near other licensees
  • Other Licensees Contemplating New locations near other licensed locations
unintended consequences from legislative amendment2
Unintended Consequences from Legislative Amendment
  • Council Reports Significantly Increased Neighborhood Complaints Concerning Liquor Licensed Establishments
    • Increased Loitering Activity at Troublesome Licensed Locations
    • Greater Numbers of Police Calls
    • Issues with Lighting and Trash
  • Citizen Safety Concerns Repeatedly Vocalized
historical issues
Historical Issues
  • Problems with small “grocery” stores morphing into liquor stores
    • Using sale of tobacco & gas to meet the 50% threshold for gross receipts
    • At inappropriate sites
    • Inadequate management and operational controls by some businesses
  • Associated nuisance problems
summary of problems encountered
Summary of Problems Encountered
  • Proliferation and density of businesses selling liquor for off-premises consumption
  • Inadequate site standards allowing detrimental impacts on nearby uses
  • No limit under state law for liquor license density and attendant problems
  • State gains the benefits of revenue; local government hit with the attendant costs
proliferation and density
Proliferation And Density

Council had goal to limit the proliferation and density of class E liquor licensees

Believe Ordinance Changes will help City staff to meet that goal

initial ordinance changes
Initial Ordinance Changes

Defined a liquor store as a business deriving more than 40% of its gross revenue from the sale of wine, beer, alcohol or tobacco (applies to existing businesses after 12/31/2013)

  • Continued to allow gas sales to be counted as merchandise
impact of initial changes
Impact of Initial Changes

The impact will not be fully realized until 2014

  • Existing limited food/retail stores will be required to change business model/operation to comply with the 40% limitation, or
  • Obtain a conditional use permit and be designated as a liquor store
class e liquor license3
Class E Liquor License
  • Iowa Cities are largely pre-empted from regulating alcohol under the Iowa Code
  • Cities can, however, enact zoning regulations to exert limited control over uses of property
liquor code amendment
Liquor Code Amendment
  • Amendment focused on “good moral character” as provided in State and City Code
  • Analyzed definition for opportunities to enhance Council review of licensee’s record
  • Amendment Permits Council to take better stock of Applicant’s:
    • Financial Capability
    • Misdemeanor Record
    • Alcohol Related Offenses
liquor code amendment1
Liquor Code Amendment
  • Applicant’s Recent Misdemeanor Convictions may now be considered as one element of granting license (Examples)
    • Theft Assault Disorderly Conduct
    • Public Intoxication Fraud
  • Applicant’s Recent Alcohol Related Offenses may now be considered as one element of granting license
basis of zoning regulation
Basis of Zoning Regulation
  • Zoning regulations must be rationally tied to use of the land
  • Zoning cannot distinguish between identical uses of land by different owners and tenants – any such distinction must be tied to differences in the use of the land and not to conduct unrelated to land use

General and Large food and retail sales stores (over 12,000 square feet) must:

- maintain current 75’ separation from church, school, daycare and park

- no ¼-mile separation from other Class E licenses

imposed separation between class e liquor licenses
Imposed Separation Between Class E Liquor Licenses

Require new liquor stores, gas/convenience stores, and limited food or retail stores (under 12,000 s.f.) to have a minimum ¼ mile separation from any like business holding a class E licensee

expanded separation requirements from family oriented uses
Expanded Separation Requirements From Family Oriented Uses

Any liquor store, gas/convenience store or limited food or retail store selling liquor must now have a 500’ separation from any church, school, park or day care

impact of increased separation requirements
Impact of Increased Separation Requirements
  • Decreases the potential maximum future density of class E liquor licensees
  • Existing businesses would have legal non-conforming rights
improve zboa review standards
Improve ZBOA Review Standards
  • Required compliance with minimum design and operational standards, such as:
    • Minimum standards to prevent theft
    • Prominently display 24-hour contact information for a manager or owner
liquor code comparison after amendments
Liquor Code Comparison AfterAmendments
    • Conditional Use Permit Required for more stores
    • Applies to less than 12,000 s.f. alcoholic liquor seller
    • 500 feet of separation from family oriented uses
    • ¼ Mile separation from most other class E licenses
    • Conditional Use Permit Required for smaller stores
    • Formerly applied to10,000 s.f. alcoholic liquor seller
    • Previously only 150’ of separation
    • Previously NO separation from other sellers

* Similar Restrictions Apply to Gas Station/Convenience Stores and Liquor Stores

** Fewer Restrictions Applied Under Previous Code

liquor code comparison after amendments conditional use permit
Liquor Code Comparison AfterAmendments-Conditional Use Permit
    • Increased exterior lighting and eliminate hiding places
    • Require Posting of “No Loitering” signs
    • Prohibit any outside speakers or amplified sound without sound permit
    • Clearly impose burden of proof on applicant to show percentage of sales
    • Minimum standards to prevent theft
    • Prominently display 24-hour contact information for a manager or owner
    • Less stringent lighting restrictions in place
    • No requirements regarding loitering signs
    • Ambiguous regulations concerning sound in place previously
    • Burden of proof remained on City to show percentage of sales
    • No standard concerning theft prevention
    • No requirement for manager, owner or operator contact at any time
alcohol compliance checks1
Alcohol Compliance Checks
  • C/I between the ages of 17-20
  • Normal appearance
  • Photograph C/I prior to checks
  • Photocopy of actual license
  • Photocopy buy money
c i directions
C/I Directions
  • C/I is to use his actual license
  • C/I is to only use money PD supplied
  • Enter business and select an alcohol product and go to checkout
  • If asked by clerk, C/I to verbally give actual age or actual license
  • C/I is not to attempt to persuade clerk to sell if denied
c i directions1
C/I Directions
  • If retailer sells alcohol to them, they are to leave alcohol and the change on the counter and exit the store
  • Will be either inside or outside of the business
  • If violation occurs, officer will make contact with the clerk
  • Observations by the officer at time of sale
  • C/I testimony
  • C/I may have had a recording device on his person at time of check
  • Store security system
  • Money used to purchase alcohol
alcoholic beverage control and enforcement

Alcoholic Beverage Control and Enforcement

Chief Frederick Mahony

Massachusetts Alcoholic Beverages Control Commission

National Liquor Law

Enforcement Association

October 3, 2013

state alcohol law enforcement overview
State Alcohol Law Enforcement Overview

Underage Enforcement and Prevention

Sales to Intoxicated Persons Enforcement and Prevention

Criminal Investigations

(Gambling, Narcotics, Prostitution, Gang activity)

Nuisance Abatement

Retail Licensee Training

  • 14000 Retail outlets -15 Investigators
  • 300 Reports – 1200 Violations in 2011
  • Primary Enforcement Objectives:
    • Impaired Driving Prevention
    • Underage Drinking Prevention
    • Alcohol Related Crime Prevention
massachusetts enforcement strategy
Massachusetts Enforcement Strategy

Baseline Enforcement: Compliance Checks

The objective of this operation is to educate licensees and to increase the vigilance of bars & liquor stores in the checking of identification.

Targeted Data Driven Enforcement: Problem Bars

Data based, intensive enforcement at bars

seen as the source of impaired driving arrests and alcohol related crime.

Enhanced Enforcement Operations

Seasonal enforcement programs to address problem times and locations.


Data Driven – Targeted Enforcement

Data helps guide decision making, enhances your purpose, and improves performance management

data sources

Data Driven – Targeted Enforcement

Data Sources
  • Internal Tracking
    • Inspection frequency
    • Violation trends by type of license or offense
    • Compliance rates
  • Partner Agencies
    • Local law enforcement
    • WA State Patrol
    • Department of Revenue
    • Department of Health
  • Research and Trends
    • OJJDP
    • NHTSA
    • NLLEA
public safety risk factors

Data Driven – Targeted Enforcement

Public Safety Risk Factors
  • Time of day
  • Day of week
  • Activity
  • Time of year
  • Police calls
  • Citizen concerns
  • DUI data
  • Frequency of checks
  • Youth survey
  • Social culture (college)

Massachusetts SIP Enforcement

There are over 2,400 Operating Under the Influence (OUI) reports filed with the ABCC annually.

In 2007 the ABCC developed a report on the 30 “worst offenders”;

24 of these bars were charged.

The 2008 data clearly demonstrated a dramatic reduction in the number of OUIs originating from the bars that had been subject to intensive liquor enforcement and charged with SIP.

SIP enforcement known as “Operation Last Call” is conducted during strategic periods throughout the year.


Data Driven – Targeted Enforcement

National Transportation Safety Board

Washington, DC 20594

Safety Recommendation

“An essential part of any arrest or accident investigation involving an alcohol-impaired driver should include an assertive effort by law enforcement officers to determine the location where the impaired driver had been served alcohol. This information is useful to state alcohol law enforcement authorities conducting enforcement actions to deter future violations.”


Source Investigations

Source Investigations are conducted to identify the source of alcoholic beverages that have been sold to minors or intoxicated persons involved in serious incidents and vehicle crashes and to determine whether the provider was acting within the law.


Source Investigations

  • Responding Officer
  • Information gathered at the scene or time of the MVA / Incident is critical to the success of a Source Investigation. The responding officer should gather as much source information as possible including, but not limited to, the following:
  • Place of Last Drink
      • Time of the subject(s) arrival at the licensed premises.
      • Time of the subject(s) departure from the licensed premises.
      • Alcohol consumed by subject(s) at the licensed premises.

Source Investigations

  • Licensed Premises Investigation
  • The assigned Investigator(s) should conduct an investigation of the retail premises where information indicates that the subject(s) were served alcoholic beverages. This investigation will include, but not be limited to:
  • Surveillance video of the date in question.
  • Employee records, timesheets, or personnel files to determine who was present on the date in question and who may be responsible for the serving of the alcoholic beverage to the subject(s) involved in the crash.
  • Credit card records and sales terminal transaction reports to determine any records of the sales to the subject(s) involved in the crash.
  • Interviews employees and patrons.

Enhanced Liquor Enforcement

Cops in Shops Operations

This operation targets specific licensees where we have developed information that indicates a serious problem with underage individuals purchasing alcoholic beverages through false identification as well as adults procuring alcoholic beverages for underage individuals

Reverse Sting / Trap Door Operations

This program places two undercover Investigators, acting as door or bar personnel, in a participating bar or nightclub. The undercover Investigators prevent those under the age of 21 from purchasing alcohol or using or possessing false identification.

Last Call Operations

This operation targets specific licensees, which have been identified, pursuant to MGL Chapter 90 § 24J, as having been the last establishment to serve alcoholic beverages to a convicted drunk driver. Investigators have an immediate impact in keeping intoxicated individuals from driving and a long-term deterrent effect in preventing licensed bars from serving intoxicated individuals. This operation has proven extremely effective in keeping drunk drivers off of the roads and highways of the Commonwealth.


Enhanced Liquor Enforcement

Massachusetts has one of the lowest ratios of enforcement agents to licensees in the country. Enhanced Liquor Enforcement Programs have been crucial to the public safety of the commonwealth, and have resulted in a steady decline in the illegal purchase of alcoholic beverages by or for underage individuals.


Enhanced Liquor Enforcement

Operations Safe Campus

The objective of this operation is to prevent the procurement of alcoholic beverages by and for underage individuals in and around college communities over a 6-week period at the beginning of each school year.

Operation Safe Prom and Graduation

The objective of this operation is to prevent the procurement of alcoholic beverages by and for underage individuals during the high school and college prom and graduation season over an 8-week period during May and June.

Operation Safe Summer

The objective of this operation is to prevent the procurement of alcoholic beverages by and for underage individuals as well as the sale of alcohol to obviously intoxicated individuals in summer communities over a 6-week period.

Operations Safe Holidays

The “Last Call” operation focuses on Impaired Driving prevention through SIP enforcement, in addition to “Cops in Shops” operations to prevent the procurement of alcoholic beverages by and for underage individuals, from Thanksgiving through December 31st.


Enhanced Liquor Enforcement

Parent Notification Program

For several years the Enforcement Division applied for criminal complaints for underage individuals found in possession of alcoholic beverages or false identification.

This process resulted in a negative experience for many families, a criminal record for underage individuals and a drain on agency resources for court time.

The Division implemented it’s “parent notification” program and has found it to be a tremendous success.

Investigators call parents from liquor store parking lots or bars and inform them of the situation their child is in.

Investigators have found that this type of intervention is a powerful tool toward a long-term family involvement in addressing the problem of underage drinking.


Enhanced Liquor Enforcement

Training of Local and State Law Enforcement

The Investigation and Enforcement Division works in a concerted effort with Massachusetts Police Academies and Local Police Departments to educate local and state law enforcement officers in the enforcement of the Massachusetts Liquor Control Act as well as False Identification and Fraudulent Document detection. This training enhances the prevention of underage drinking and drunk driving by developing local police department knowledge of and involvement in liquor law enforcement.

The Investigation and Enforcement Division conducted Training Sessions for 270 Police Departments and 1081 Officers in 2009; 169 Police Departments and 729 Officers in 2010; 157 Police Departments and 601 Officers in 2011; and 111 Police Departments and 409 Officers in 2012.

  • Develop and maintain Baseline Enforcement
  • Develop Data Driven Enforcement Initiatives
  • Develop broad based enforcement programs
  • Train Municipal Police Officers
contact information
Contact Information

Chief Frederick Mahony

Massachusetts Alcoholic Beverages Control Commission

239 Causeway Street

Boston, MA 02114

617-727-3040 ext. 714

National Liquor Law Enforcement Association

11720 Beltsville Dr., Ste. 900

Calverton, MD 20705 USA