Orange County Alcohol-Related Ordinances Discussion Orange County Alcohol-Related Ordinances Discussion Presentation to the Board of County Commissioners May 19, 2009

Presentation Outline  Underage Drinking Task Force Background  Scope of the Problem  Enforcement Subcommittee Recommendations  Alcohol Beverage Regulations  Summary

Underage Drinking Task Force  Mayor Crotty and President Hitt created Orange County Underage Drinking Task Force 2008 Two underage alcohol related deaths Address the magnitude of underage & high-risk drinking Educate and engage community stakeholders Provide viable solutions that reduce and prevent harms related to underage drinking  25 Member Task Force met for seven months Healthcare Law Enforcement Education Higher Education Parents Community Agencies Retailers Neighborhood Assoc Students Orange County Underage Drinking Task Force Report Orange County Underage Drinking Task Force Report

Underage Drinking Task Force  Four Subcommittees Alcohol Education & Prevention Access to Alcohol Enforcement Retailer Responsibility Task Force Goals Reduce Underage Alcohol Demand Reduce Underage Alcohol Access Data Management Implementation Plan Orange County Underage Drinking Task Force Report Orange County Underage Drinking Task Force Report

Presentation Outline

Underage Drinking: The Scope of the Problem  Alcohol is the most widely abused drug by teens and young adults  Underage alcohol use linked to poor academic performance  Underage alcohol use linked to injuries, sexual assault and fatalities  Alcohol is relatively easy to obtain by teens and young underage adults

Underage Drinking: The Scope of the Problem  Florida has higher rates of youth alcohol use than the national average  More than 48% of seniors have used alcohol in the past 30 days  Cost of underage drinking in Florida was $3.1B or $ per resident 48% of total underage drinking costs were attributable to alcohol-related violent crimes Underage drinking traffic crashes total $642M Source: Economic Costs of Underage Drinking in Florida, Univ. of Miami

Orange County Youth Substance Abuse Survey (Past 30-Day Alcohol Use) Middle School High School

Young Adult Underage Drinking  63% of freshmen and sophomore college students report drinking in past 30 days  38% of college students (18-24) report heavy and binge drinking  31% of incoming freshman surveyed in Orange County reported drinking alcohol at a bar or nightclub compared to 10% nationally  College students report alcohol is easy to obtain Bars primarily staffed by other college students to check ID’s, waitress, or bartend Parents, older family members, friends provide alcohol

Young Adult Underage Drinking  PRC Community Health Survey % of Men report binge drinking in East Central Florida 17.7% of Men report to have driven during the past month after having too much to drink Perceived typical age at which children begin drinking alcohol  Between the ages of 12yr – 16 yr: 77%  Between the ages of 17yr – 19yr/over: 23%  48% of college students reported their first alcohol use between yrs. old  29% of Orange County High School students reported using alcohol at age 13 or younger

High-Risk Drink Promotions (East Orange County) Free Drinks All Night to Everyone Ladies Drink FREE til 12 Guys $1 Drinks till 12 Power Hour Wednesday! 60 Songs, 60Shots, 60 Minutes Free Drinks, Shots and Drafts till 12 Bombs Away Friday. $2 Jaeger Bombs $1 Drafts till 12 Slammin Saturdays! $1 Cover before 11. $1 Drafts, $2 Wells, $3 Bombs Wasted Wednesday! FREE Wells till 12. FREE Drafts all Night All You Can Drink Sundays! FREE Wells and Drafts

State Alcoholic Beverages Arrests for Sale and Possession State Attorney’s Cases Arrests for Possession – 350 Arrest for Sales - 136

State Administrative Penalty Guidelines  Owner violation of selling or serving alcohol to underage persons 1st Occurrence - $1, fine & 7 day suspension 2nd Occurrence - $3, fine & 30 day suspension 3rd Occurrence – Revocation  Adjudication of Orange County Cases State did not follow guideline stipulation 68% of the time  15 cities and counties in Florida have enacted ordinances pertaining to underage drinking policy

Open House Parties  31 Open House Party Cases with State Attorney’s Office (2008)  Case Narrative Recurring noise complaint Beer and liquor bottles in plain sight; 15 persons identified and 7 were under eighteen years of age possession of alcohol (all acknowledged consuming alcohol) Defendant - 19 year old was unconscious and was transported 9-1-1

Top 7 Counties in Florida for DUI Crashes, Injuries & Fatalities Under Age Yrs22-24 YrsOver 24 Yrs CountyPopulationDUI Related Crashes DUI Crashes Per Capita (1,000) DUI Related Injury Crashes DUI Injury Crashed Related Per Capita (1,000) DUI Fatality Crashes DUI Fatal Crashes Per Capita (1,000) Broward1,765,7071, , Duval897,5971, Hillsborough1,192,8611, , Miami-Dade2,462,2921, , Orange1,105,6031, Palm Beach1,295,0331, , Pinellas944,1991, Orange County DUI Arrests by Age

DUI Arrests 1, FHP- 726

Emergency Department Alcohol- Related Data (Under 21) 9 Month Period (2008) 2,000 Emergency Department Alcohol-Related Visits (under 21 years of age) Cost: $14M ($1.4 reimbursable) FY Average 250 cases per month Average cost $1.4M per month in charges

Alcohol-Related Deaths (Under 21 years of age) 60 Underage Alcohol– Related Deaths

Enforcement  Focus Areas Vendor Compliance Checks House Parties Responsible Vendor Training Local Ordinances Recommendations:  Increase number of coordinated, multi-agency, vendor compliance check details  Develop local ordinances related to “breach of peace” violations and repeated underage alcohol sales and service  Conduct compliance checks to ensure operators of “party buses” comply with state and local laws  Draft proposed county ordinance that limits hours of operation for vendors who repeatedly are in violation of selling alcohol to underage

Alcoholic Beverage Regulations  Regulations largely preempted to state  Licensing vendors and regulating sales— state law  A few narrow areas reserved to local governments

Proposed Alcohol-Related Regulations Sale of Alcohol to Underage Persons (licensed retailers)  County can regulate location and hours of operation  County regulations can tie violation of sales to underage persons to sanction limiting sales after certain hour Winter Park ordinance allows sale of alcoholic beverages after 11:00 p.m. by permit only Violations allow for suspension or revocation of permits Hearing by City Commission

Proposed Ordinance  Ordinance treats certain hours of sale as a privilege granted by permit only  Can apply to package or on-site consumption sales Sanctions Suspension of right to sell and serve after certain hours Code Enforcement Criminal Violation

Proposed Ordinance Could:  Specify that if a certain number of unlawful sales to underage persons occurs : During, for example, a three month period, permit to sell alcoholic beverages after 11:00 p.m. is suspended for a specified time period

Proposed Ordinance Example  If ordinance provides that: Three illegal sales occur During a three month period Then permit to sell any alcoholic beverages is suspended For up to three months BCC can select appropriate numbers

Proposed Ordinance Public Hearing  Board will need to suspend permit for violation of ordinance  Board can conduct hearing on facts of violation, or  Board could appoint an independent hearing officer to conduct hearing and make recommendation to Board  Board reviews record and recommendation and sustains, modifies or reduces sanctions

Proposed Alcohol Related Regulations A second component of the regulations could entail regulating illegal house parties where:  Underage party-goers have access to and consume alcoholic beverages

Proposed Alcohol Related Regulations  Law enforcement interface  Criminal violation possible Adult on premises Supplier of alcoholic beverages  Notice of violation authorized by ordinance  Criminal charges possible

Proposed Alcohol Related Regulations Illegal Open House Parties  Notice of violation served upon occupant of home  Notice of violation served on owner of house if different (multiple violations)  Nuisance or code enforcement efforts  Injunction or criminal charges

Summary  Recommended Action: Provide direction to staff to bring back ordinance relating to illegal sale or serving of alcoholic beverages to underage persons at businesses offering purchase or on-site consumption of alcoholic beverages or at home parties

Orange County Alcohol-Related Ordinances Discussion Orange County Alcohol-Related Ordinances Discussion Presentation to the Board of County Commissioners May 19, 2009

Orange County Alcohol-Related Ordinances Discussion Orange County Alcohol-Related Ordinances Discussion Presentation to the Board of County Commissioners May 19, 2009

Winter Park Alcohol-Related Ordinances  City of Winter Park Approved Ordinances Relating to Alcoholic Licenses Extended Hours Of Permit to sell alcohol past 11:00 pm Three violations within three month period for selling alcoholic beverages to underage youth Suspension of Extended Hours of Permit (Up to 30 days)

Winter Park Alcohol-Related Ordinances  Illegal Open House Party Ordinance Owner’s and landlords held responsible for illegal open house parties – underage alcohol consumption or use of illegal controlled substances First Violation – Written Notice Second Violation - $1,000 Fine Third Violation - $2,000 Fine