1. DEALING WITH ALCOHOL OVER SERVICE IN THE UNITED STATES
2nd European Conference on Alcohol Law Enforcement
Presented by the National Liquor Law Enforcement Association

2. OVER-SERVICE AND OVER-CONSUMPTION
The excessive service of alcohol by the licensed community and …..
Excessive consumption by patrons of these facilities often create …..
Significant problems for the community, the state, and the nation.

3. OVER-SERVICE AND OVER-CONSUMPTION
The excessive service of alcohol by the licensed community and …..
Excessive consumption by patrons of these facilities often create …..
Significant problems for the community, the state, and the nation.

4. OVER-SERVICE AND OVER-CONSUMPTION
Even an officer with limited time and experience on the job understands many, if not most, of their “calls for service” involve alcohol related issues.

5. DESCRIPTION OF THE PROBLEM
47 States in the US have laws that prohibit sales to intoxicated persons.
(exceptions are Florida, Nevada, Wyoming)

6. OVER-SERVICE AND OVER-CONSUMPTION
Criminal behavior
Vandalism
Disorderly behavior
Loud party calls
Fights
Impaired Driving
Sexual assault
STD transmissions
Unplanned Pregnancy
Alcohol overdose
Suicide
Vehicle crashes
Injury and Death

7. DESCRIPTION OF THE PROBLEM
Intoxication can be controlled at the licensed outlet level resulting in fewer law enforcement resources required to address the negative consequences.
Intoxication often results in criminal acts.
If controlled at the licensed outlet the result is fewer resources – officers, calls for service, medical personnel – are required to deal with the problem.

8. DESCRIPTION OF THE PROBLEM
Research shows that alcohol sales to obviously intoxicated persons continues at a high rate at both on- and off- premise establishments. Source: Toomey, et al., 2004
Full Source Information:
Toomey, T.L., Wagenaar, A.C., Erickson, D.J., Fletcher, L.A., Patrek, W., & Lenk, K.M. Illegal alcohol sales to obviously intoxicated patrons at licensed establishments. (May 2004). Alcoholism: Clinical & Experimental Research, 28 (5)

9. SALES TO INTOXICATED PERSONS (SIP) ENFORCEMENT CONDUCTED
Survey Question: Does your agency conduct SIP enforcement operations?

10. Outcomes of Complete Investigations
Criminal Sanctions
Administrative sanctions - license suspension or removal
Civil-tort - dram shop liability
Explain the consequences of continued violations or problems to the licensee:
Criminal Sanctions
Administrative (license) sanctions
Civil-tort – Dram shop liability

11. CHARGES RESULTING FROM SIP INVESTIGATIONS
Survey Question: The Estimated # of licensees charged with selling alcohol to an intoxicated person

12. TWO APPROACHES TO INVESTIGATING OVER SERVICE
Proactive Investigations

13. PROACTIVE INVESTIGATIONS
Identifying problem licensees through data collection:
Calls for service
Fights/disturbances within proximity of the bar
DUI Reports – Place of Last Drink
Complaints
Cold crime reports
Collect data regarding:
Calls for service
Fights and disturbances in a ½ mile radius
DUI reports and point of last sale if possible
Neighborhood or citizen complaints
Cold crime reports and information

14. PROACTIVE INVESTIGATIONS
Planned, based on previous reports or identified problems.
Avoid future incidents or problems.
Investigations or enforcement efforts are planned based on previous reports or problems identified.
Investigations are initiated to avoid future incidents or problems related to excess alcohol consumption.

15. PROACTIVE INVESTIGATIONS
Steps taken with the licensees
Contact licensee about problems encountered.
Offer information to the licensee about the problems encountered.
Offer solutions, training and assistance to address or stop problems.

16. PROACTIVE INVESTIGATIONS
Monitoring licensee compliance
Routine high visibility bar checks by officers
Covert, undercover observation
Continued collection of data related to disturbances or problems
Monitor the establishment for future compliance:
Routine bar checks with visible officers
Covert, undercover observation of the establishment
Continued collection of data related to disturbances or problems

17. PROACTIVE INVESTIGATIONS
Building a Solid Case
Observable signs of intoxication.
Noticeable by the common person - public and bar staff.
Patron is sold alcohol after the signs of intoxication are visible.
Seller or server can clearly observe the intoxicated behavior.
Keys to building a sound case:
Look for visible signs of intoxication – would the ordinary person say the individual was drunk?
Intoxication is visible to members of the public and bar staff
The patron is sold alcohol after the sings of intoxication are visible
Is the seller or server in a position to clearly observe the intoxicated behavior?

18. PROACTIVE INVESTIGATIONS
Special attention given to:
The reaction of other customers.
Staff reaction to and interaction with the patron.
Ignore?
Refuse service?
Ask for assistance?
Any intervening actions?
Keys to building a sound case continued:
Observe and note staff reaction to persons signs of intoxication – ignore it? Cut it off? Ask for assistance? Any intervening actions?
Note the reaction of other customers to the visibly intoxicated patron.

19. OBSERVATIONS, SIGNS OF INTOXICATION
Being Loud
Annoying Others
Using Foul Language
Eyes glassy/Droopy
Eyes bloodshot/Red
Slurred speech/Thick Tongue
Manual dexterity is impaired (counting money, dropping change etc.)
Spilling Drinks
Sways when Standing
Staggers while Walking
Stumbles/Falls into Things
Head slumps forward
Delayed reaction time
Inability to answer simple question or keep a train of thought
Argumentative
Buying drinks for everyone
(Optional activity) Have the groups report out in turn. Ask them to list any signs that a prior group has not already mentioned.
Intoxication is the gradual process of losing control of emotional, mental and physical capabilities caused by excessive alcohol consumption. Licensees and their employees should look for warning signs when identifying intoxicated persons.
Intoxicated individuals cannot assess their level of impairment.

20. PROACTIVE INVESTIGATIONS
A Comprehensive report is written detailing officer’s observations of:
Patron, Companions, Involved Staff, Licensee/manager
This report focuses on elements of the statutory violation.
The narrative must prove the patron was served after showing signs of intoxication.
Detailed statements from all involved parties are included to corroborate intoxication.
Comprehensive Report:
Detail your observations – include actions of patron and involved staff

21. Sale to Intoxicated Patrons – Pro-Active Investigation
Complaint or
Information
Received about
over-service.
Contact Licensee
Advise of problems
Advise on legal requirements
Seek cooperation
Offer solutions
Advise of potential sanctions
Offer training
Monitor
Activities and complaints
are monitored.
Complaints Subside
Licensee Cooperates.
Complaints Continue
Little or no cooperation
from licensee.
Monitor as
Necessary
Establish Sale to Visibly Intoxicated Persons
(Customer sold alcohol after exhibiting visible signs of intoxication.)
1. Observe Intoxication.
2. Observe sale.
3. Observe licensee staff during sale.
4. Secure evidence.
5. Take breath test from patron (if acceptable in your jurisdiction).
6. Conduct interviews.
7. Establish intoxicated behavior does not result from other factors.
8. Detox or safety of intoxicated person.
9. Criminal filings.
10. Document number and nature of past calls for service.
Conduct
Covert Investigation
and Routine Bar
Checks
Schedule for
Investigation
Request Licensee
Hearing
Work with prosecutor.
If Licensee Retains License
Monitor activities after
hearing and offer assistance.

22. TWO APPROACHES TO INVESTIGATING OVER SERVICE
Reactive Investigations

23. REACTIVE INVESTIGATIONS
Response to a specific complaint/incident.
Can be conducted contemporaneous with the incident or after the fact.
Interviews conducted with patron, companions, involved staff, licensee/manager
Possible Interview questions:
Are they drunk?
Do they feel drunk?
How long have they been drinking? Here?
How many drinks have they had? Here?
Did the same server serve them drinks?
Are they on medication or do they have any physical problems that would make them appear to be drunk?

24. REACTIVE INVESTIGATIONS
To build a solid case officers must
Establish a timeline for the events in question and determine
Where the drinking occurred.
If the patron drank with companions.
Length of time the patron was drinking.
Quantity and type of drinks consumed. Companions

25. REACTIVE INVESTIGATIONS
Other considerations include
Availability of toxicology or other blood alcohol test results.
Application for search warrants for sales records, video surveillance and other evidence of the offense.

26. REACTIVE INVESTIGATIONS
Comprehensive investigative report is completed.
Arrest warrants, summonses, administrative citations completed and served to appropriate parties.
Officers work closely with prosecutors throughout criminal and/or administrative adjudication.

27. Sale to Intoxicated Patrons – Reactive Investigation
Respond to Call
for Service or
Incident Investigation
Observations
Patrons
Activity
Licensee
Intoxicated behavior
Establish Sale to
Visibly Intoxicated
Patron was visibly
intoxicated.
Was served after signs of
intoxication were present.
Patron’s intoxication was
in view of licensee’s staff.
Patron’s intoxicated behavior
not due to other factors.
Conduct Interviews
License Staff
Other patrons
Intoxicated patron (s)
Document the
Number and
Nature of Past Calls
for Service
Complete On-Scene
Investigation
Secure evidence.
Take breath test.
Safely secure intoxicated person.
Criminal filings as necessary.
Request Licensee
Hearing
Work with prosecutor.
If Licensee Retains License
Monitor activities after
hearing and offer assistance.

28. National Liquor Law Enforcement Association
FOR MORE INFORMATION
National Liquor Law Enforcement Association
11720 Beltsville Drive, Suite 900
Calverton, MD, USA
Phone:
Website: