Reducing Community Alcohol Problems Associated with Retail Alcohol Availability: The Role of Local Land Use Powers and Responsible Beverage Service Program James F. Mosher, JD Alcohol Policy Consultations June 21, 2011

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Introductions Jim Mosher, JD Alcohol Policy Specialist

Objectives At the end of the workshop, participants will: Understand the importance of regulating retail alcohol availability as an essential component of a comprehensive community alcohol problem prevention program; Be familiar with the key dimensions of retail alcohol availability and their impact on community health and safety;

Objectives (cont’d.) Be able to identify regulatory tools, including Responsible Beverage Service programs, that can be used to shape community retail availability and their key components; Understand key steps in implementing a comprehensive community strategy to regulate retail alcohol availability; and Have available resources to support their community campaigns.

Key Dimensions

Number of Alcohol Outlets Outlet over- concentration: A key public health and safety concern

Location of Alcohol Outlets Sensitive Locations Schools Playgrounds Churches Hospitals Alcoholism treatment facilities

Types of Alcohol Outlets Off-sale Outlets Liquor stores Convenience stores Supermarkets Gas stations

Types of Alcohol Outlets On-sale Bars/lounges Restaurants Airplanes, trains, etc. Festivals

Selling and Serving Practices Problem Practices Furnishing minors Service to intoxicated persons Public nuisance activities

What the Science Tells Us Increased alcohol availability Increased alcohol consumption Increased public health/safety problems

CDC’s Summary of the Research “On the basis of the reviewed evidence, the Task Force found sufficient evidence of a positive association between outlet density and excessive alcohol consumption and related harms to recommend limiting alcohol outlet density through the use of regulatory authority (e.g., licensing and zoning) as a means of reducing or controlling excessive alcohol consumption and related harms.” Guide to Community Preventive Services, Centers for Disease Control and Prevention, 2009.

CDC’s Summary of the Research “[L]imiting … alcoholic beverage outlet density—either by reducing current density levels or limiting density growth— can be an effective means of reducing the harms associated with excessive alcohol consumption. It may also provide additional benefits for quality of life by reducing community problems such as loitering, public disturbances, and vandalism.” Guide to Community Preventive Services, Centers for Disease Control and Prevention, 2009.

Mean Number of Alcohol Outlets Near Residences by Race/Ethnicity & Income (California, 2003) Mean # of Alcohol Outlets Income Quartile Truong & Sturm 2009

Simulated Impact of Alcohol Outlet Density on Adolescent Drinking (California, 2003) Binge drinking: year olds; Drinking driving: year olds Truong & Sturm 2009

Tools for Shaping Community Retail Alcohol Environments Conditional Use Permits (new outlets) Nuisance Abatement/Deemed Approved Ordinances (all outlets) Responsible Beverage Service Programs Monitoring and Enforcement Fees

Conditional Use Permit (CUP) Focuses on how alcohol will be made available in new retail settings

Conditional Use Permit Key components include: Distance requirements between outlets and sensitive land uses (e.g. schools). Operational conditions (restrictions on sales and service practices). Procedures for obtaining public input as an integral part of decision-making process. Procedures for reviewing violations and potentially suspending or revoking permit.

Nuisance Abatement/ Deemed Approved Ordinance (DAO) Focuses on controlling problems with both pre-existing and new retail outlets by using performance standards

Nuisance Abatement/Deemed Approved Ordinance Standards may: Specify types of activities that constitute a public nuisance Require preexisting outlets to operate in a manner that is compatible with surrounding land uses Require retail practices that do not jeopardize public health and safety of surrounding community Provide procedures for determining when a pre- existing outlet must obtain a CUP (retriggering)

Responsible Beverage Service (RBS) Programs Focus is on development and implementation of management policies that reduce risks of serving minors, serving intoxicated persons, and engaging in public nuisance activities

Responsible Beverage Service Programs (cont’d.) Training servers is just one component of a comprehensive program; Manager training is critical. Training requirements should be incorporated into CUPs and DAOs. Careful attention should be paid to curriculum development, administration, monitoring, and enforcement.

Monitoring and Enforcement Key components: Dedicated law enforcement Community advisory panel Collaboration with State Alcoholic Beverage Control Agency

Nuisance Mitigation and Permit Fees Revenue for implementation and enforcement of CUPs, DAOs, and RBS programs can be generated by imposing fees on alcohol outlets. Fees reimburse local government for costs associated with alcohol sales. Sliding scale can be developed so that higher risk establishments pay higher fees.

The State Preemption Doctrine: A Potential Barrier to Local Action Some States “preempt” or limit the ability of local governments to regulate community alcohol availability through CUPs, DAOs, and fees. Local powers may vary both across and within States. State Preemption is a complex legal topic; legal expertise may be needed to determine the exact parameters of local control in your local jurisdiction.

Policy Implementation: Getting Started 1.Assess resources. Can include grassroots engagement and leadership, support from key constituencies and community leaders, technical assistance, and financial resources. 2.Make your case and frame the issue. Document the impact of alcohol retail availability on the community’s public health and safety.

Data Collection for Making Your Case Community/resident stories Place of last drink reports Compliance checks results Law enforcement incident reports and associated costs

Local news reports Pictures illustrating problems GIS mapping Data Collection for Making Your Case

San Francisco Aggravated Assault Incidences and Alcohol Outlets

Armory Square “A St. Lawrence County man accused of driving drunk in a Sunday morning crash that killed a news reporter…had been drinking at P.J. Dorsey's and Fuel in Armory Square just before the crash, court papers said.” [Syracuse Post-Standard ] Syracuse DWI Arrests per 10,000 population over age 15 by Census Tract and On-Premise Alcohol Outlets

Policy Implementation: Plan the Campaign 1.Develop policy strategy. Determine key components of policy proposal based on assessment of problems, resources, and impact of State Preemption 2.Develop a case statement 3.Identify allies and strategy for engaging them in process

4.Assess barriers. Identify potential opponents and likely opposition arguments, and develop counter-arguments 5.Draft ordinance 6.Plan media advocacy campaign Policy Implementation: Plan the Campaign (cont’d.)

Policy Campaign: Major Counter-Arguments There is already too much government regulation. The marketplace will self-correct if problems arise. The issue is not problem alcohol outlets—it is irresponsible drinkers. Licensing alcohol outlets should be handled by the State ABC agency, not local governments.

Policy Campaign: Major Counter-Arguments (cont’d.) This campaign is anti-alcohol, a new wave of Prohibition. The city lacks the resources to implement this proposal.

Policy Implementation: The Campaign 1.Execute a plan for approaching allies, implementing a media advocacy strategy, and persuading decision- makers. 2.Count votes, plan presentation to decision-makers, then CELEBRATE!!

Policy Implementation: Post-Enactment 1.Monitor Implementation (process evaluation) Are the key stakeholders and the public aware of the new ordinance and its implementation? Is the city/county successfully implementing the ordinance as planned? Are penalties being imposed in a timely manner? Are there unforeseen barriers to implementation?

Social Host Ordinances Post-Enactment 2.Evaluate results (outcome evaluation) Have the number of police incidents and place of last drink reports associated with retail outlets been reduced? Has compliance with laws regarding underage and service to intoxicated persons improved? Has the quality of life in neighborhoods with high concentration of alcohol outlets improved?

Social Host Ordinances: Post-Enactment (cont’d.) Have the number of retail outlets in neighborhoods with high concentration been reduced (long-term goal)? Is law enforcement and other local agencies expending fewer resources to respond to problems associated with alcohol retail outlets?

Policy Campaigns Useful Skills/Experience Community organizing Data collection and analysis Policy development/legislative drafting Policy advocacy and analysis Media advocacy

Policy Campaigns Useful Skills/Experience (cont’d.) Evaluation (process) Evaluation (outcome)

Closure Online Feedback Form –We will provide a surveymonkey.com link at the end of the webinar for you to complete. We will also send an automated follow-up . PowerPoint Slides –We will these files to all (logged in) webinar participants following the webinar.