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NABCA LEGAL SYMPOSIUM

NABCA LEGAL SYMPOSIUM. State 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

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NABCA LEGAL SYMPOSIUM

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  1. NABCA LEGAL SYMPOSIUM State and Local Enforcers Working Together

  2. 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

  3. The Response • 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

  4. A Unique and Diverse Mission

  5. 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

  6. ALCOHOL ENFORCEMENT Laws Regulations Enforcement Media Licensed community Increased awareness and perception of penalty Increased licensee compliance Reduced alcohol related harm

  7. 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.

  8. 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.”

  9. 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.

  10. 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.“

  11. Case Study - Maine Michelle Robert Assistant Attorney General State of Maine Tom Roth Captain Westbrook Maine Police

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