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Underage Drinking: Retail Access

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  1. Underage Drinking: Retail Access Erik Smoot OK ABLE Commission 2Much2Lose Regional Coordinator

  2. 2Much2Lose Oklahoma’s underage drinking prevention initiative that promotes environmental prevention strategies throughout the state. 2M2L is based on the Environmental Prevention Model.

  3. Policy Awareness Enforcement Prevention specialists advocate environmental strategies. Components of a Comprehensive Plan PIRE

  4. Enablers of Underage Drinking • Attitudes of parents • Attitudes of community at-large • Attitude of enforcement / Courts • Traditional method of enforcement • Sales to minors • Third party transactions • Beer Distributor Deliveries

  5. Focus on Enforcement Partnership between law enforcement and the community

  6. Deterrence and Enforcement Effective Deterrence requires the Perception of: • Certainty • Swiftness • Severity Active Enforcement is a Requirement for Effective Deterrence.

  7. The Case for Enforcement Partnerships • Tackling underage drinking without enforcement is not just difficult, it’s impossible • Enforcement should be the cornerstone of your community efforts • Enforcement equals prevention

  8. Enforcement Strategies • Compliance checks • Party patrols • Bar Checks • Fake ID enforcement • Third-party transactions • Source investigations • Social host • Shoulder taps • Others?

  9. Low Point Beer 37 O.S. § 163.1 …not more than 3.2 % by weight.

  10. Permits Continued… 3. Retail • On Premise • Off Premise • On/Off Premise • Special Event • Brew Pub

  11. 37 O.S. § 163.11. K District Court Judge shall revoke permit… • A. Drunkenness of Permit Holder/Allowing others • B. Permit Holder under influence of drugs/ Allowing others • C. Sale to persons under the age of 21 years • D.Allowing underage persons in bar area

  12. Revocation Continued… • E. Nonpayment of taxes • F. Violation of Prohibition/Gambling Laws • G. Violation of State/Federal Liquor Laws • H. Violation of State/Federal Narcotics Laws

  13. Underage Persons • 37 O.S. § 241.A Unlawful for anyone to sell, barter or furnish. • 37 O.S. § 241. B Unlawful for on-premise permit holder … to allow underage in bar area….

  14. Underage Continued… • 37 O.S § 241. C Unlawful for permit holder to allow persons under 21 to consume. • 37 O.S § 246 No person under 21 shall consume or possess with the intent to consume…

  15. Underage Continued… 37 O.S. § 246. A- Exceptions: • Under Supervision of a Law Enforcement officer. • Under Supervision of a parent or legal guardian. “… but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense low-point beer ….. “

  16. Underage Continued… • 21 OS § 1215 Unlawful for persons under 21 to possess intoxicating beverage including low-point beer while upon public street, road, highway, or public building or place

  17. Underage Continued… • 37 O.S. § 246. B No person under 21 shall enter or attempt to enter a separate or enclosed bar area…

  18. Underage Invitees 37 O.S. § 8.2 A. No person shall knowingly and willfully permit an individual under the age of 21 years who is an invitee of said person in the person’s residence…room owned, occupied, leased…on any land owned, occupied, leased or otherwise procured by the person, to possess or consume any alcoholic beverage , low point beer or any controlled dangerous drugs. B. Any person who violates this section, shall be guilty of a misdemeanor the first two convictions and a felony upon a third conviction .

  19. Spirits (Liquor) • 37 O.S. § 506.30 Any beverage other than wine or beer, containing more than .5% alcohol by volume and obtained by distillation

  20. Wines/Champagne • 37 O.S. § 506.40 Any beverage containing more than .5% alcohol by volume and obtained by fermentation of fruits, honey, milk, vegetables, sugars etc.

  21. Beer • 37 O.S. § 506.5 Any beverage containing more than 3.2 % alcohol by weight & obtained thru fermentation of barley, grains, malt & similar products.

  22. Designated Bar Area • An area where sale of alcoholic beverages for on premise consumption is the main purpose. • A separate or enclosed area defined by barriers & ABLE prescribed signs.

  23. Under 21 Years of Age Exceptions Cont’d • 37 O.S. 537.E.5 • Closed to the public • Premises used for a private party • Written 10 days advance notice to the ABLE Commission

  24. Under 21 Years of Age Exceptions Cont’d • 37 O.S. 537.B.2 • Underage musicians • Either accompanied by a parent or legal guardian or • Written, notarized affidavit from the parent or legal guardian giving the underage musician permission to perform in designated bar or lounge areas • Must be on their person • Available for inspection upon demand by any ABLE Commission officer or law enforcement officer

  25. Misdemeanors • 37 O.S. § 537.A.8 Consume Alc. in public place. • 37 O.S. § 538.E Under 21 misrepresent age. • 21 O.S. § 1215 Under 21 possess alcoholic beverage in public place.

  26. Felony Statutes • 37 O.S. § 537.A.1 Sell, deliver, furnish alcohol to person under 21. • 37 O.S. § 537.A.2 Sell, deliver, furnish alcohol to mentally insane/or intoxicated person.

  27. Number 1Beer

  28. Number 2 Beer

  29. Beer Defining the Problem • How many 12 oz bottles of beer are in a standard keg? 164 bottles

  30. Millions of Underage Teens Illegally Buy Alcohol from The Internet - Online wineries almost never check the buyers' ID and children and teenagers have the freedom of purchasing as many alcoholic drinks as they like, whenever they like By: Alexandra Lupu, Health News Editor WASHINGTON, Aug. 10 /PRNewswire/ According to an online survey conducted by Teen Research Unlimited for the Wine & Spirits Wholesalers of America, Inc. members, millions of teens have bought or know other minors who purchased alcohol via Internet. More specifically, more than half a million teenagers admitted to have purchased alcohol from online alcohol shops and more than 3 million minors said they have a friend who has obtained alcohol in the same way.Stan Hastings, Chairman of the Wine & Spirits Wholesalers of America stated in this respect: "This is a dangerous situation. For the first time, we have hard evidence that millions of kids are buying alcohol online and that the Internet is fast becoming a high-tech, low-risk way for kids to get beer, wine and liquor delivered to their home with no ID check." SOURCE: Wine and Spirits Wholesalers of America, Inc

  31. Where Can You Buy Lawfully? Blue – Limited Direct Ship and Permit States Maroon – Direct Shipments not Permissible Gold – Reciprocity States

  32. Enforcement Follow-Through: • Penalties on clerks • Penalties on license holders • Allow Media to ride along • Work with judicial partners • Work with community leaders to create environmental change (including youth) Enforcement Follow-Through

  33. Community Follow-Through: • Publicize results (Media Plan) • Educate retailers • Educate the general public • Review policies and advocate change as needed Enforcement Follow-Through

  34. Media Advocacy . . . . . . is a piece of a larger puzzle aimed at changing community norms, policies, and practices.

  35. Contact Information • Erik Smoot Phone: (405)837-9740 Email: esmoot@able.ok.gov • To register for 2Much2Lose Training: www.ok.gov/odmhsas