Alcohol Availability and the Prevention of Alcohol Related Problems James F. Mosher, JD Pacific Institute for Research and Evaluation Workshop presented at Arizona’s Second Substance Abuse Conference, May 1, 2007

INDIVIDUALSPOPULATIONS The Role of Policy and Law: Changing the Focus of Intervention

Costs/Alcohol Taxes Products/Availability/Marketing Individual Characteristics Genetics Brain Function Attitudes & Beliefs Social Influence Community/Environmental Factors CHANGE IN POINT OF INTERVENTION

The Alcopop: A sweet, sugary drink that looks and tastes like soda-pop, lemonade, and punch, but contains alcohol.

Place: Number of Alcohol Outlets Overconcentration: A link to youth violence

Place: Types of Alcohol Outlets Commercial Commercial  Gas Stations  Fast Food Outlets  Laundromats Noncommercial Noncommercial  House parties  Public lands

Your guide to the best cheap beer. BY CHUCK KAPELKE STUDENT.COM CORRESPONDENTCHUCK KAPELKE

Availability Strategies are Effective

Availability Strategies can have Large Effects Stadium beer-sale ban resulted in a dramatic reduction in alcohol problems among students.

Research demonstrates that reducing the density of alcohol outlets will reduce: Violence Violence Property crimes Property crimes Impaired driving Impaired driving Social disorder Social disorder

The Alcopop: A sweet, sugary drink that looks and tastes like soda-pop, lemonade, and punch, but contains alcohol.

“The beauty of this category is that it brings in new drinkers, people who really don’t like the taste of beer,” said Marlene Coulis, A-B’s director of new products. (Advertising Age, April 22, 2002)

 Age of First Use of Alcoholic Beverages in 1999: 15.9 years old.  84.5 percent of young people have used alcohol by their 20th birthday. Who are “New Drinkers”?

Underage Drinking: A Critical Component of the Alcohol Market Underage drinking accounts for an estimated 20% of the alcohol beverage industry's sales -- $23.4 billion of the total $116.2 billion Americans spend on alcohol each year. Underage drinking accounts for an estimated 20% of the alcohol beverage industry's sales -- $23.4 billion of the total $116.2 billion Americans spend on alcohol each year. The earlier a young person begins to drink, the heavier his or her consumption is likely to be later in life.

Tax and Trade Bureau Description of “Flavored Malt Beverages” (Alcopops) “Flavored malt beverages [alcopops] exhibit little or no traditional beer or malt beverage character. … Brewers … remove the color, bitterness, and taste that are generally associated with beer. … This leaves a base product to which brewers add various flavors, which typically contain distilled spirits, to achieve the desired taste profile.” “Flavored malt beverages [alcopops] exhibit little or no traditional beer or malt beverage character. … Brewers … remove the color, bitterness, and taste that are generally associated with beer. … This leaves a base product to which brewers add various flavors, which typically contain distilled spirits, to achieve the desired taste profile.”

Arizona Definitions of Malt Liquor and Distilled Spirits " "Malt liquor" means any liquid that contains more than one-half of one per cent alcohol by volume and that is made by the process of fermentation and not distillation of hops or grains, but not including: (a) Liquids made by the process of distillation of such substances.... "Spirituous liquor" means any liquid that contains more than one-half of one per cent alcohol by volume, that is produced by distillation of any fermented substance and that is used or prepared for use as a beverage.... "Spirituous liquor" means any liquid that contains more than one-half of one per cent alcohol by volume, that is produced by distillation of any fermented substance and that is used or prepared for use as a beverage.... Ariz. Rev. Stat. s

Reclassifying Alcopops and Energy Drinks as Distilled Spirits:  Increases taxes (from $.16/gallon to $3.00/gallon)  Recoups large portion of lost state tax revenue (approximately $7.8 million/year)  Reduces availability in off-sale outlets by 60 percent  Reduces availability in on-sale outlets by 20 percent

Establish criteria for defining youth-oriented products Establish criteria for defining youth-oriented products Restrict product designs (e.g., no alcohol sold as a mist; no alcoholic gelatin) Restrict product designs (e.g., no alcohol sold as a mist; no alcoholic gelatin) Increase taxes Increase taxes Dedicate taxes to youth prevention and recovery programs Dedicate taxes to youth prevention and recovery programs Restrict availability Restrict availability Impose special packaging and labeling requirements Impose special packaging and labeling requirements Other Policy Strategies Related to Youth-Oriented Products

Arizona law: Generally “preempts” local authority over alcoholic beverage control Generally “preempts” local authority over alcoholic beverage control Specifically prohibits local control of hours and days of sale and local definitions of restaurants Specifically prohibits local control of hours and days of sale and local definitions of restaurants Permits local “permit tax or fee” on alcohol outlets Permits local “permit tax or fee” on alcohol outlets Permits local regulation of exotic dancing Permits local regulation of exotic dancing Court opinion suggests that local regulation of other outlet practices not directly related to alcohol sales is permitted Court opinion suggests that local regulation of other outlet practices not directly related to alcohol sales is permitted Local Authority to Regulate Alcohol Availability in Arizona

Public places where drinking is/is not allowed – e.g., parks, beaches Public places where drinking is/is not allowed – e.g., parks, beaches Special event permits Special event permits Social Host ordinances Social Host ordinances Other Local Authority

Social Host Liability Laws

Social Host (Criminal) Laws

What is Social Host Liability? Social host liability refers to laws that hold non-commercial individuals responsible for underage drinking events on property they own, lease or otherwise control.

What is Social Host Liability? Hosts are prohibited from providing a location for underage drinking events. Hosts are prohibited from providing a location for underage drinking events. Furnishing the alcohol is not a required element of the offense. Furnishing the alcohol is not a required element of the offense.

Types of Social Host Liability Criminal Criminal Civil/tort liability Civil/tort liability Civil/cost recovery Civil/cost recovery

Type 1: Civil/Tort Liability  Laws and court opinions that allow third parties to sue social hosts for damage caused by minors who consumed alcohol on the host’s property.  Similar to dram shop liability laws, which apply to commercial vendors of alcohol.

Type 2: Criminal Statutes  Social host laws that impose criminal sanctions (fines or imprisonment)  Criminal prosecution requires strong evidence of wrongdoing.  20 states have enacted criminal social host laws.

Type 3:Civil/Cost Recovery  Treats underage drinking parties as a public nuisance and threat to public safety.  Imposes an affirmative duty on home owners to prevent parties from occurring.

Type 3:Civil/Cost Recovery (cont.)  Imposes civil fines for violations, including possible reimbursement to local government for cost of law enforcement and emergency services.  May include landowners, landlords, tenants, and hotel and motel operators.

Advantages of Civil/Cost Recovery Laws Strict liability – no knowledge requirement. Strict liability – no knowledge requirement. Fines imposed administratively, not through criminal justice system. Fines imposed administratively, not through criminal justice system.  Quicker, more certain process  Greater likelihood that punishment will be imposed. Promotes shift in community/social norms. Promotes shift in community/social norms.