1. The Role of Data in Changing Alcohol Regulations in New Mexico Gary Tomada, New Mexico Regulation and Licensing Department Adapted from: C:\Documents and Settings\james.roeber \My Documents\_DOH\Me etings\CSTE\2008\20 08 CSTE Presentation, v 1.6.ppt Incorporating elements from original presentation: C:\Documents and Settings\james.roeber \My Documents\_DOH\Me etings\CSG (2007)\2007 CSG Presentation, v 1.3 -- FINAL.ppt

2. Outline Introduction: Alcohol Regulation 101 Role of alcohol regulation in preventing alcohol- related harm History of the New Mexico Liquor Control Act (LCA) The role of data in supporting recent alcohol regulatory changes in NM Aftermath of recent regulatory change in NM

3. Prevention experts agree: –Strengthening and enforcing alcohol sales and service regulations is an effective strategy for reducing alcohol-related harm.* * World Health Organization, Institute of Medicine, CDC Community Guide, Join Together Online Alcohol Regulation and Prevention

4. EnforcementPublicity/Media Increased perception of risk of citation/penalty Reduced illegal sales and service Regulations Laws Reduced alcohol related harm Prevention Model

5. Alcohol Regulation 101 EnforcementPublicity Increased perception of risk of citation/penalty Reduced illegal sales and service Regulations Laws Reduced alcohol related harm

6. The state Liquor Control Act: –Creates an agency to oversee the production and sale of alcoholic beverages –Establishes regulations that govern the manufacture, sale, and distribution of all legal alcoholic beverages Source: http://www.ohiohistorycentral.org/entry.php?rec=1430

7. The state Liquor Control Act provides the foundation for regulation of: –The number and location of liquor licenses –The terms of liquor sales and service, including: Definition of responsible sales and service Penalties for irresponsible sales and service, e.g., –Sales to minors –Sales to intoxicated persons NOTE: Minimize discussion of # and location of licenses

8. NM Liquor Control Act (Statute 60-6C-1) “The Director shall suspend or revoke the license…when he finds that any licensee…has sold, served or given any alcoholic beverage to a minor…or to an intoxicated person…on two separate occasions within any twelve month period.”

9. EnforcementPublicity Increased perception of risk of citation/penalty Reduced illegal sales and service Regulations Laws Reduced alcohol related harm Regulations Alcohol Regulation 101

10. Legislative branch crafts laws that define activities and entities subject to regulation Administrative branch crafts regulations that define how these laws will be implemented Source: http://www.fenris.org/index.php/2007/01/30/regulation-vs-legislation/

11. NM Administrative Code (NMAC 15.10.61.8) “ Schedule of Penalties: Violations involving sales to minors or intoxicated persons. Five or more offenses [within a twelve (12) month period] will result in…revocation of the liquor license.” Source: 15 NMAC 10 61 Citations - Fines and Penalties.doc

12. Milestones in the New Mexico Liquor Control Act’s regulation of sales and service: – 1960s: Liquor Control Act enacted – 1960s: Liquor Control Act sales and service regulations enacted

13. In forty years, New Mexico never revoked a license under this “5 strikes” version of the sales and service regulation

14. EnforcementPublicity Increased perception of risk of citation/penalty Reduced illegal sales and service Regulations Laws Reduced alcohol related harm Prevention Model

15. Regulations EnforcementPublicity Increased perception of risk of citation/penalty Reduced illegal sales and service Laws Reduced alcohol related harm Prevention Model EnforcementPublicity Increased perception of risk of citation/penalty Reduced illegal sales and service Reduced alcohol related harm

16. The Role of Data in Supporting Regulatory Change in New Mexico

17. The Process of Change 2004: Governor appointed DWI Czar 2005: Task force convened to review state LCA, related regulations, and enforcement

18. The Process of Change Liquor Control Task Force reviewed Liquor Control Act sales and service regulations – 28 members from three major groups State agencies Alcohol advocate community (e.g., MADD) Alcohol industry (n=5) – Group met 12 times – Group reviewed LCA, regulations, and issues/evidence – Group made initial then final recommendations

19. The Process of Change Liquor Control Task Force recommendations –“Three strikes” rule for license revocation Including sales to intoxicated persons, not just minors –Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale (existing regulation said within one hour of sale) –Employees at licensed premises cannot drink or be intoxicated on premises

20. –Three public hearings –Pro/con testimony presented to hearing judge –Hearing judge ruled on testimony 2006: Public hearings held on regulatory rule change The Process of Change

21. Arguments in favor of proposed rule changes Data and Change –Existing regulations are out of line with LCA statute

22. Arguments in favor of proposed rule changes –Existing regulations are out of line with LCA statute –A-R harm is a major public health issue in New Mexico Data and Change

23. Source: NMDOT NM has among the highest alcohol- involved motor vehicle fatality rates in the U.S.

24. Arguments in favor of proposed rule changes –Existing regulations are out of line with LCA statute –A-R harm is a major public health issue in New Mexico Data and Change –Intoxication is associated with increased risk of A-R harm

25. * Relative to drivers at.00 BAC Source: Crash Risk of Alcohol Impaired Driving, Compton RP et al 3 x15 x30 x120 x SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt BAC and Relative Risk of Crash* Data and Change Increased Intoxication Increased Risk of Harm

26. Arguments in favor of proposed rule changes –Existing regulations are out of line with LCA statute –A-R harm is a major public health issue in New Mexico –Intoxication is associated with increased risk of A-R harm Data and Change –Industry over-service is a major contributor to intoxication

27. Drinking Locations Prior to DWI Arrest Source: Journal of Studies on Alcohol/November 1996 (Metro Court, 1989-1994) SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt Data and Change

28. Driving after binge drinking events (per month) by binge drinking location Driving after binge drinking events (per month) by binge drinking location Driving after binge drinking events (per month) Driving after binge drinking events (per month) SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt Other person’s home 5,520 Bar/Club 5,912 * Past-month self-reported driving after drinking five or more drinks Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004) Data and Change Driving after binge drinking Driving after binge drinking 2004 BRFSS binge module

29. Other person’s home 5,520 SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt Bar/Club 5,912 * Past-month self-reported driving after drinking five or more drinks Source: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004) Data and Change One-third of these (n=2,002) reported drinking 10+ drinks before driving Driving after binge drinking events (per month) by binge drinking location Driving after binge drinking events (per month) by binge drinking location 2004 BRFSS binge module

30. Arguments in favor of proposed rule changes –Existing regulations are out of line with LCA statute –A-R harm is a major public health issue in New Mexico –Intoxication is associated with increased risk of A-R harm –Industry over-service is a major contributor to intoxication Data and Change –New Mexico’s current penalties are weak and proposed penalties are not out of line with neighboring states

31. New Mexico Penalties Rank Last among Neighbors StatePenalty MinorsPenalty Intox Colorado Revocation occurs on a third violation. California Three strikes in three years results in revocation. Three strikes in three years results in 45 day suspension or revocation. Texas Revocation on a third within three years. Revocation on a third in three years. ***Lose your license if someone dies Arizona Revocation at 3 in a two year period. New Mexico Five strikes in one year. Five Strikes in one year. Data and Change SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt; Arnold impersonator from www.stevebridges.com/photo_arnold.htmlwww.stevebridges.com/photo_arnold.html All our neighbors have “3 strikes” rules. None of our neighbors “reset the clock” each year.

32. Additional evidence in favor of proposed rule changes Data and Change –Video about 21-year-old alcohol poisoning victim at New Mexico State University –Testimony from families of victims of DWI (MADD)

33. http://video.google.com/videoplay?docid=-1425468111433196483&q=intoxicated+at+bar&total=57&start=0&num=10&so=0&type=search&plindex=0 “$300 bar tab…20 years old”

34. Additional evidence in favor of proposed rule changes –Testimony from families of victims of DWI –Video about 21-year-old alcohol poisoning victim at New Mexico State University Data and Change –Video showing police enforcement in bars

35. Source: http://www.eroundlake.com/blog/archive/2006_01_01_archive.html

36. Arguments against proposed rule changes Data and Change –Industry self-policing is effective –Rule change poses undue hardship to licensees –Threat to New Mexico economy: small businesses, corporate licensees, trade organizations –Personal responsibility argument

37. The Outcome Hearing officer approved changes –“Three strikes” rule for license revocation Including sales to intoxicated persons, not just minors –Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale –Employees at licensed premises cannot drink or be intoxicated on premises 90 minutes

38. The Outcome Hearing officer approved changes –“Three strikes” rule for license revocation Including sales to intoxicated persons, not just minors –Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale –Employees at licensed premises cannot drink or be intoxicated on premises 90 minutes

39. Aftermath of Regulatory Change in New Mexico

40. The Outcomes of Change Increased public awareness of sales to intoxicated persons as an issue in NM Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf

41. The Outcomes of Change Increased public awareness of sales to intoxicated persons as an issue in NM Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf Increased LCA enforcement

42. The Outcomes of Change Increased public awareness of sales to intox Increased LCA enforcement Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’ Source: NM PSD-SID

43. The Outcomes of Change Increased public awareness of sales to intox Increased LCA enforcement Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’ Source: NM PSD-SID

44. The Outcomes of Change Increased public awareness of sales to intox Increased LCA enforcement Source: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’ Source: NM PSD-SID

45. The Outcomes of Change Increased public awareness of sales to intoxicated persons as an issue in NM Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf Increased LCA enforcement

46. The Outcomes of Change Increased public awareness of sales to intoxicated persons as an issue in NM Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf Increased LCA enforcement created test cases for license revocation

47. Increased public awareness of sales to intoxicated persons as an issue in NM Increased LCA enforcement created test cases for license revocation The Outcomes of Change Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdf State Moves to Revoke Six Liquor Licenses in Gallup and Farmington

48. The Outcomes of Change Industry response –Industry-requested legislative hearings –New LCA task force convened Increased public awareness of sales to intoxicated persons as an issue in NM Increased LCA enforcement has created test cases for license revocation

49. Outstanding Questions Will the current hearing process yield revocation orders? Will the New Mexico Supreme Court support revocations? Will the 2006 regulatory changes be sustained? Will licensee perception of risk increase, reducing illegal sales and service and alcohol- related harm in NM?

50. Outstanding Questions Would weakening existing alcohol sales and service regulations be consistent with regulatory efforts to promote responsible beverage sales and service?

51. Thank You Any Questions?