Underage Drinking: Retail Access

Erik SmootOK ABLE Commission

2Much2Lose Regional Coordinator

2Much2Lose

Oklahoma’s underage drinking prevention initiative that promotes environmental

prevention strategies throughout the state. 2M2L is based on the Environmental

Prevention Model.

Prevention specialists advocate environmental strategies.

Components of a Comprehensive Plan

Limitations on Access

Expressions of

Community Norms

Strategies Based in Schools

Prevention of Impaired Driving

Strategies

Limitations on Access

Expressions of

Community Norms

Strategies Based in Schools

Prevention of Impaired Driving

Strategies

Policy

Enforcement

Awareness

PIRE

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

Focus on Enforcement

Partnership between law enforcement and the community

Deterrence and EnforcementEffective Deterrence requires the Perception of:

Certainty Swiftness Severity

Active Enforcement is a Requirement for Effective Deterrence.

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

Enforcement Strategies

Compliance checks Party patrols Bar Checks Fake ID

enforcement Third-party

transactions Source investigations Social host Shoulder taps

Others?

Low Point Beer

37 O.S. § 163.1…not more than 3.2 % by weight.

Permits Continued…

3. Retail› On Premise› Off Premise› On/Off Premise› Special Event› Brew Pub

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

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

Underage Persons

37 O.S. § 241.A Unlawful for anyone to sell, barter or furnish.

37 O.S. § 241. BUnlawful for on-premise permit holder … to allow underage in bar area….

Underage Continued…

37 O.S § 241. C Unlawful for permit holder to allow persons under 21 to consume.

37 O.S § 246No person under 21 shall consume or possess with the intent to consume…

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 ….. “

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

Underage Continued…

37 O.S. § 246. B

No person under 21 shall enter or attempt toenter a separate or enclosed bar area…

Underage Invitees

37 O.S. § 8.2A. 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 .

Spirits (Liquor)

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

Wines/Champagne

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

Beer

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

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.

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

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

Misdemeanors

37 O.S. § 537.A.8Consume Alc. in public place.

37 O.S. § 538.EUnder 21 misrepresent age.

21 O.S. § 1215Under 21 possess alcoholic

beverage in public place.

Felony Statutes 37 O.S. § 537.A.1

Sell, deliver, furnish alcohol to person under 21.

37 O.S. § 537.A.2Sell, deliver, furnish alcohol to mentally insane/or intoxicated person.

Number 1

Beer

Number 2

Beer

Defining the Problem

How many 12 oz bottles of beer are in a standard keg?

Beer

164 bottles

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 likeBy: 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

Where Can You Buy Lawfully?

Blue – Limited Direct Ship and Permit States

Maroon – Direct Shipments not Permissible

Gold – Reciprocity States

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

Community Follow-Through: Publicize results (Media Plan) Educate retailers Educate the general public Review policies and advocate change

as needed

Enforcement Follow-Through

Media Advocacy . . .

. . . is a piece of a larger puzzle

aimed at changing

community norms, policies, and practices.

Contact Information

Erik SmootPhone: (405)837-9740Email: esmoot@able.ok.gov

To register for 2Much2Lose Training: www.ok.gov/odmhsas