NABCA LEGAL SYMPOSIUMState and Local Enforcers Working Together

A Tidal Wave of Alcohol-Related Harm

3170 deaths 300,ooo DWI crashes 540,o00 violent crimes 1.2 million property crimes 400,000 risky sexual encounters 100,000 alcohol poisonings &

psychoses 70,000 kids in alcohol treatment

Miller, T.R. (2009) Societal Costs of Underage Drinking

Prevention experts agree that strengthening and enforcing alcohol sales and service regulations is an effective strategy for reducing alcohol-related harm.

*Source: World Health Organization, Institute of Medicine, CDC Community Guide, Join Together Online

The Response

A Unique and Diverse Mission

STATE ALCOHOL LAW ENFORCEMENT RESOURCES

35 states have ABC officers who are sworn peace officers

The average number of ABC agents that primarily enforce alcohol laws per state: 54

Average number of licensed retail outlets per state: 14, 112

Range of ABC agents per state: 3 to 260 National ratio: 1 agent for every 268

licensed establishments

Source: Ramirez , PIRE - 2007

Enforcement Media

Licensed community Increased awareness and perception of

penalty

Increased licensee compliance

Regulations

Laws

Reduced alcohol related harm

ALCOHOL ENFORCEMENT

Facing Political Challenges State agencies are often under

funded by those elected to public office and who vote for budgets. “Can’t the local police do this job?” (State of Maine)

There are rarely have enough resources to get the job done adequately.

Generally, we do not do a good job of making the connection between our enforcement role and public safety, public welfare and quality of life.

Combating Negative Perceptions The enforcement of statutes and

regulations that seem to lack importance! (“What’s the big deal?”)

We often don’t do a good job at explaining our role and responsibility to those who give us oversight. (legislators - the public)

Advocating for the adoption of rules and regulations that are often unenforceable and paint us into a corner. “If we enforce these provisions as written then everyone will be in violation.”

Challenges to Collaborative Enforcement Statutory authority for enforcement of alcohol

laws (exclusive or joint authority to enforce). Administrative Process – potentially challenging

for traditional law enforcement who are more accustom to trials and motor vehicle hearings.

Adjudications and Penalties – Law enforcement may shy away from enforcement is they perceive the penalties do not match effort put into the enforcement of alcohol laws.

A Perfect Storm - Missouri The Missouri legislature has cut over $1 million from its

Division of Alcohol and Tobacco Control, leaving 5 agents to monitor 12,000 liquor licenses, the Associated Press reported June 14, 2010.

The burden will now be on local law enforcement to bridge the regulatory gap -- checking licenses and monitoring the sale of alcohol to minors -- a task police officials say stresses an already overextended police force.

"Everyone knows we don't have the funds to continue the way we were before," said Sen. Kurt Schaefer, a member of the Senate Appropriations Committee. "We can only enforce what we can afford to enforce.“

Case Study - Maine

Tom RothCaptain

Westbrook Maine Police

Michelle RobertAssistant Attorney General

State of Maine