the role of data in changing alcohol regulations in new mexico gary tomada, new mexico regulation...

The Role of Data in Changing The Role of Data in Changing Alcohol Regulations Alcohol Regulations

in New Mexicoin New Mexico

Gary Tomada, New Mexico Regulation and Licensing DepartmentGary Tomada, New Mexico Regulation and Licensing Department

OutlineOutline

• 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

• 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

Alcohol Regulation and PreventionAlcohol Regulation and Prevention

Enforcement Publicity/Media

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Regulations

Laws

Reduced alcohol related harm

Prevention ModelPrevention Model

Alcohol Regulation 101Alcohol Regulation 101

Enforcement Publicity

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Regulations

Laws

Reduced alcohol related harm

• 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

• 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

• 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 occasions within any twelve month period.”

Enforcement Publicity

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Regulations

Laws

Reduced alcohol related harm

Regulations

Alcohol Regulation 101Alcohol Regulation 101

• Legislative branch crafts laws that define activities and entities subject to regulation

• Administrative branch crafts regulations that define how these laws will be implemented

• 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.”

• 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

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

Enforcement Publicity

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Regulations

Laws

Reduced alcohol related harm

Prevention ModelPrevention Model

Regulations

Enforcement Publicity

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Laws

Reduced alcohol related harm

Prevention ModelPrevention Model

Enforcement Publicity

Increased perception of risk of citation/penalty

Reduced illegal sales and service

Reduced alcohol related harm

The Role of Data in Supporting The Role of Data in Supporting Regulatory ChangeRegulatory Change

in New Mexicoin New Mexico

The Process of ChangeThe Process of Change

• 2004: Governor appointed DWI Czar

• 2005: Task force convened to review state LCA, related regulations, and enforcement

The Process of ChangeThe 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

The Process of ChangeThe 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

– Three public hearings

– Pro/con testimony presented to hearing judge

– Hearing judge ruled on testimony

• 2006: Public hearings held on regulatory rule change

The Process of ChangeThe Process of Change

• Arguments in favor of proposed rule changes

Data and ChangeData and Change

– Existing regulations are out of line with LCA statute

• 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

Data and ChangeData and Change

Data and ChangeData and Change

Alcohol-involved Fatalities and Rates in NM

194

0

50

100

150

200

250

300

350

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

Fata

litie

s

0

5

10

15

20

25

Rate

s

Alcohol-involved Fatalities

Alcohol-involved fatalities per 100k pop

Source: NMDOT

NM has among the highest alcohol-involved motor vehicle fatality rates in the U.S.

• 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

Data and ChangeData and Change

– Intoxication is associated with increased risk of A-R harm

* Relative to drivers at .00 BAC

Source: Crash Risk of Alcohol Impaired Driving, Compton RP et al

3 x

15 x

30 x

120 x

BAC and Relative Risk of Crash*BAC and Relative Risk of Crash*Data and ChangeData and Change

Increased Intoxication

Incr

ease

d R

isk

of H

arm

• 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

Data and ChangeData and Change

– Industry over-service is a major contributor to intoxication

Drinking Locations Prior to DWI ArrestDrinking Locations Prior to DWI Arrest

Source: Journal of Studies on Alcohol/November 1996 (Metro Court, 1989-1994)

Work1%

Vehicle2%

Restaurant2%

Home13%

Private Party29%

Bar/Lounge45%

Data and ChangeData and Change

Driving after binge drinking events (per month) Driving after binge drinking events (per month) by binge drinking location by binge drinking location

Driving after binge drinking events (per month)Driving after binge drinking events (per month)

Restaurant869

Public place1,808

Own home5,104 Bar/Club

5,912

Other255

Other person’s home5,520

Bar/Club5,912

* Past-month self-reported driving after drinking five or more drinks

Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004)

Data and ChangeData and Change Driving after binge drinking Driving after binge drinking

2004 BRFSS binge module

Restaurant869

Public place1,808

Own home5,104 Bar/Club

5,912

Other255

Other person’s home5,520

Bar/Club5,912

* Past-month self-reported driving after drinking five or more drinks

Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004)

Data and ChangeData and Change

One-third of these

(n=2,002) reported

drinking 10+ drinks

before driving

Driving after binge drinking events (per month) Driving after binge drinking events (per month) by binge drinking location by binge drinking location

2004 BRFSS binge module

• 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

Data and ChangeData and Change

– New Mexico’s current penalties are weak and proposed penalties are not out of line with neighboring states

New Mexico Penalties New Mexico Penalties Rank LastRank Last among Neighbors among Neighbors

State Penalty Minors Penalty Intox

Colorado Revocation occurs on a third violation.

Revocation occurs on a third violation.

California Three strikes in three years results in revocation.

Three strikes in three years results in 45 day suspension or revocation.

Texas Revocation on a third within three years.

Revocation on a third in three years.

***Lose your license if someone dies

Arizona Revocation at 3 in a two year period.

Revocation at 3 in a two year period.

New Mexico Five strikes in one year.

Five Strikes in one year.

Data and ChangeData and ChangeAll our neighbors have “3 strikes” rules.

None of our neighbors “reset the clock” each year.

• Additional evidence in favor of proposed rule changes

Data and ChangeData and Change

– Video about 21-year-old alcohol poisoning victim at New Mexico State University

– Testimony from families of victims of DWI (MADD)

• 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

Data and ChangeData and Change

– Video showing police enforcement in bars

• Arguments against proposed rule changes

Data and ChangeData and Change

– 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

The OutcomeThe 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

The OutcomeThe 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

Aftermath of Regulatory ChangeAftermath of Regulatory Changein New Mexicoin New Mexico

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intoxicated persons as an issue in NM

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intoxicated persons as an issue in NM

• Increased LCA enforcement

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intox

• Increased LCA enforcement

Sales toIntox

Sales toMinors

Drinkingon Duty

55 68

00

50

100

150

200

Cit

atio

ns

Citations in First 6 Months of Year

20062007

Sales toIntox

Sales toMinors

Drinkingon Duty

0

50

100

150

200

Cit

atio

ns

Citations in First 6 Months of Year

20062007

Source: NM PSD-SID

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intox

• Increased LCA enforcement

Sales toIntox

Sales toMinors

Drinkingon Duty

55 68

00

50

100

150

200

Cit

atio

ns

Citations in First 6 Months of Year

20062007

Source: NM PSD-SID

Sales toIntox

Sales toMinors

Drinkingon Duty

55

200

68

97

0 20

50

100

150

200

Cit

atio

ns

Citations in First 6 Months of Year

20062007

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intox

• Increased LCA enforcement

Sales toIntox

Sales toMinors

Drinkingon Duty

55

200

68

97

0 20

50

100

150

200

Cit

atio

ns

Citations in First 6 Months of Year

20062007

Source: NM PSD-SID

The Outcomes of ChangeThe Outcomes of Change

• Increased public awareness of sales to intoxicated persons as an issue in NM

• Increased LCA enforcement

The Outcomes of ChangeThe 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

• Increased public awareness of sales to intoxicated persons as an issue in NM

• Increased LCA enforcement created test cases for license revocation

The Outcomes of ChangeThe Outcomes of Change

State Moves to Revoke Six Liquor Licenses in Gallup and Farmington

The Outcomes of ChangeThe Outcomes of Change

• Industry response– Industry-requested legislative hearings– New LCA task force convened

• Increased public awareness of sales to intoxicated persons as an issue in NM

• Increased LCA enforcement has created test cases for license revocation

Outstanding QuestionsOutstanding 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?

Outstanding QuestionsOutstanding Questions

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

Thank YouThank You

Any Questions?Any Questions?