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The Role of Data in Changing Alcohol Regulations in New Mexico

Adapted from: C:Documents and Settingsjames.roeberMy Documents_DOHMeetingsCSTE20082008 CSTE Presentation, v 1.6.ppt Incorporating elements from original presentation: C:Documents and Settingsjames.roeberMy Documents_DOHMeetingsCSG (2007)2007 CSG Presentation, v 1.3 -- FINAL.ppt.

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The Role of Data in Changing Alcohol Regulations in New Mexico

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  1. Adapted from: C:\Documents and Settings\james.roeber\My Documents\_DOH\Meetings\CSTE\2008\2008 CSTE Presentation, v 1.6.ppt Incorporating elements from original presentation: C:\Documents and Settings\james.roeber\My Documents\_DOH\Meetings\CSG (2007)\2007 CSG Presentation, v 1.3 -- FINAL.ppt The Role of Data in Changing Alcohol Regulations in New Mexico Gary Tomada, New Mexico Regulation and Licensing Department

  2. Outline • Introduction: Alcohol Regulation 101 • Role of alcohol regulation in preventing alcohol-related harm • History of the New Mexico Liquor Control Act (LCA) • The role of data in supporting recent alcohol regulatory changes in NM • Aftermath of recent regulatory change in NM

  3. Alcohol Regulation and Prevention • Prevention experts agree: • Strengthening and enforcing alcohol sales and service regulations is an effective strategy for reducing alcohol-related harm.* * World Health Organization, Institute of Medicine, CDC Community Guide, Join Together Online

  4. Prevention Model Laws Regulations Enforcement Publicity/Media Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced alcohol related harm

  5. Alcohol Regulation 101 Laws Regulations Enforcement Publicity Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced alcohol related harm

  6. The state Liquor Control Act: • Creates an agency to oversee the production and sale of alcoholic beverages • Establishes regulations that govern the manufacture, sale, and distribution of all legal alcoholic beverages Source: http://www.ohiohistorycentral.org/entry.php?rec=1430

  7. NOTE: Minimize discussion of # and location of licenses • The state Liquor Control Act provides the foundation for regulation of: • The number and location of liquor licenses • The terms of liquor sales and service, including: • Definition of responsible sales and service • Penalties for irresponsible sales and service, e.g., • Sales to minors • Sales to intoxicated persons

  8. NM Liquor Control Act (Statute 60-6C-1) “The Director shall suspend or revoke the license…when he finds that any licensee…has sold, served or given any alcoholic beverage to a minor…or to an intoxicated person…on two separate occasionswithin any twelve month period.”

  9. Alcohol Regulation 101 Laws Regulations Regulations Enforcement Publicity Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced alcohol related harm

  10. Legislative branch crafts laws that define activities and entities subject to regulation • Administrative branch crafts regulations that define how these laws will be implemented Source: http://www.fenris.org/index.php/2007/01/30/regulation-vs-legislation/

  11. NM Administrative Code (NMAC 15.10.61.8) “Schedule of Penalties: Violations involving sales to minors or intoxicated persons .Five or more offenses[within a twelve (12) month period] will result in…revocation of the liquor license.” Source: 15 NMAC 10 61 Citations - Fines and Penalties .doc

  12. Milestones in the New Mexico Liquor Control Act’s regulation of sales and service: • 1960s: Liquor Control Act enacted • 1960s: Liquor Control Act sales and service regulations enacted

  13. In forty years, New Mexico never revoked a license under this “5 strikes” version of the sales and service regulation

  14. Prevention Model Laws Regulations Enforcement Publicity Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced alcohol related harm

  15. Prevention Model Laws Regulations Enforcement Publicity Enforcement Publicity Increased perception of risk of citation/penalty Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced illegal sales and service Reduced alcohol related harm Reduced alcohol related harm

  16. The Role of Data in Supporting Regulatory Changein New Mexico

  17. The Process of Change • 2004: Governor appointed DWI Czar • 2005: Task force convened to review state LCA, related regulations, and enforcement

  18. The Process of Change • Liquor Control Task Force reviewed Liquor Control Act sales and service regulations • 28 members from three major groups • State agencies • Alcohol advocate community (e.g., MADD) • Alcohol industry (n=5) • Group met 12 times • Group reviewed LCA, regulations, and issues/evidence • Group made initial then final recommendations

  19. The Process of Change • Liquor Control Task Force recommendations • “Three strikes” rule for license revocation • Including sales to intoxicated persons, not just minors • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale (existing regulation said within one hour of sale) • Employees at licensed premises cannot drink or be intoxicated on premises

  20. The Process of Change • 2006: Public hearings held on regulatory rule change • Three public hearings • Pro/con testimony presented to hearing judge • Hearing judge ruled on testimony

  21. Data and Change • Arguments in favor of proposed rule changes • Existing regulations are out of line with LCA statute

  22. Data and Change • Arguments in favor of proposed rule changes • Existing regulations are out of line with LCA statute • A-R harm is a major public health issue in New Mexico

  23. NM has among the highest alcohol-involved motor vehicle fatality rates in the U.S. Data and Change Source: NMDOT

  24. Data and Change • Arguments in favor of proposed rule changes • Existing regulations are out of line with LCA statute • A-R harm is a major public health issue in New Mexico • Intoxication is associated with increased risk of A-R harm

  25. 120 x 30 x 15 x 3 x Data and Change BAC and Relative Risk of Crash* * Relative to drivers at .00 BAC Increased Risk of Harm Increased Intoxication Source: Crash Risk of Alcohol Impaired Driving, Compton RP et al SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt

  26. Data and Change • Arguments in favor of proposed rule changes • Existing regulations are out of line with LCA statute • A-R harm is a major public health issue in New Mexico • Intoxication is associated with increased risk of A-R harm • Industry over-service is a major contributor to intoxication

  27. Source: Journal of Studies on Alcohol/November 1996 (Metro Court, 1989-1994) Data and Change Drinking Locations Prior to DWI Arrest SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt

  28. Bar/Club 5,912 Other person’s home 5,520 * Past-month self-reported driving after drinking five or more drinks Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004) 2004 BRFSS binge module Data and Change Driving after binge drinking events (per month) by binge drinking location Driving after binge drinking events (per month) Driving after binge drinking SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt

  29. 2004 BRFSS binge module Data and Change Driving after binge drinking events (per month) by binge drinking location Bar/Club 5,912 One-third of these (n=2,002) reported drinking 10+ drinks before driving Other person’s home 5,520 * Past-month self-reported driving after drinking five or more drinks Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004) SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt

  30. Data and Change • Arguments in favor of proposed rule changes • Existing regulations are out of line with LCA statute • A-R harm is a major public health issue in New Mexico • Intoxication is associated with increased risk of A-R harm • Industry over-service is a major contributor to intoxication • New Mexico’s current penalties are weak and proposed penalties are not out of line with neighboring states

  31. All our neighbors have “3 strikes” rules. None of our neighbors “reset the clock” each year. Data and Change New Mexico Penalties Rank Last among Neighbors SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt; Arnold impersonator from www.stevebridges.com/photo_arnold.html

  32. Data and Change • Additional evidence in favor of proposed rule changes • Testimony from families of victims of DWI (MADD) • Video about 21-year-old alcohol poisoning victim at New Mexico State University

  33. “$300 bar tab…20 years old” http://video.google.com/videoplay?docid=-1425468111433196483&q=intoxicated+at+bar&total=57&start=0&num=10&so=0&type=search&plindex=0

  34. Data and Change • Additional evidence in favor of proposed rule changes • Testimony from families of victims of DWI • Video about 21-year-old alcohol poisoning victim at New Mexico State University • Video showing police enforcement in bars

  35. Source: http://www.eroundlake.com/blog/archive/2006_01_01_archive.html

  36. Data and Change • Arguments against proposed rule changes • Industry self-policing is effective • Rule change poses undue hardship to licensees • Threat to New Mexico economy: small businesses, corporate licensees, trade organizations • Personal responsibility argument

  37. The Outcome • Hearing officer approved changes • “Three strikes” rule for license revocation • Including sales to intoxicated persons, not just minors • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale • Employees at licensed premises cannot drink or be intoxicated on premises 90 minutes

  38. The Outcome • Hearing officer approved changes • “Three strikes” rule for license revocation • Including sales to intoxicated persons, not just minors • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale • Employees at licensed premises cannot drink or be intoxicated on premises 90 minutes

  39. Aftermath of Regulatory Changein New Mexico

  40. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

  41. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM • Increased LCA enforcement Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

  42. The Outcomes of Change • Increased public awareness of sales to intox • Increased LCA enforcement Source: NM PSD-SID Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’

  43. The Outcomes of Change • Increased public awareness of sales to intox • Increased LCA enforcement Source: NM PSD-SID Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’

  44. The Outcomes of Change • Increased public awareness of sales to intox • Increased LCA enforcement Source: NM PSD-SID Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’

  45. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM • Increased LCA enforcement Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

  46. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM • Increased LCA enforcement created test cases for license revocation Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

  47. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM • Increased LCA enforcement created test cases for license revocation State Moves to Revoke Six Liquor Licenses in Gallup and Farmington Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

  48. The Outcomes of Change • Increased public awareness of sales to intoxicated persons as an issue in NM • Increased LCA enforcement has created test cases for license revocation • Industry response • Industry-requested legislative hearings • New LCA task force convened

  49. Outstanding Questions • Will the current hearing process yield revocation orders? • Will the New Mexico Supreme Court support revocations? • Will the 2006 regulatory changes be sustained? • Will licensee perception of risk increase, reducing illegal sales and service and alcohol-related harm in NM?

  50. Outstanding Questions • Would weakening existing alcohol sales and service regulations be consistent with regulatory efforts to promote responsible beverage sales and service?

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