ABC DEBRIEFER COMMITTED TO SERVING OUR COMMUNITIES

Volume 15, Issue 4 April - July 2011

OPERATION ABC COORDINATORSSergeant II Lifernando GarciaOperations-Central and South Bureau

Sergeant II Steve MooreOperations-West and Valley Bureau

Operation ABCDetective Support and Vice Division

Los Angeles Police Department100 West 1st Street, Room 441Los Angeles, California 90012

(213) 486-0910(213) 486-0909 (fax)

For STAR training requests contactyour respective Geographic Vice Unit

or Operation ABC

Web Page: Search: Vice Division

www.LAPDOnline.org

LOS ANGELES POLICE DEPARTMENT

OPERATION ABCDetective Support and Vice Division

EETF Fines $ / 343,000 ABC Arrests 2,012

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Key Map Scale1 Inch to ¼ Mile

Harbor Area Vice Focuses on Avalon Corridor

Operations-South Bureau:

n May 6, 2011, a three-month investigation into the illegal solicitation of Beverage Control (ABC) licensed locations in the Wilmington area was OThe focus of the investigations was Tarasco's (543 North Avalon

Boulevard, Wilmington), Dino's Bar (646 North Avalon Boulevard, Wilmington), and Tres Rositas (516 North Avalon Boulevard, Wilmington). Each location has an extensive history of alcohol-related crime and has been identified as the source of many Part I Crimes along the Avalon corridor.

Strictly prohibited by ABC regulations, illegal solicitation activity involves the employment of waitresses for the purpose of procuring alcoholic beverages from male patrons at greatly inflated prices. On the surface, this activity appears non-problematic; however, the illegal solicitation of alcoholic beverages leads to intemperance. Some waitresses involved in soliciting alcoholic beverages boast of consuming in excess of 30 beers during a busy shift. Soliciting alcoholic beverages also has a direct link to many other Part I and II Crimes and has been known to drain the financial resources of families living on limited incomes. The suppression of this activity was identified as the primary goal of the Department's 2010/2011 Alcoholic Beverage Control grant issued by the Department of ABC.

alcoholic beverages at multiple Alcoholic concluded with the arrest of 21 individuals.

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Avalon CorridorContinued from page 1

Typically, illegal alcoholic beverage solicitation schemes are covert in nature and related investigations are lengthy and extremely complex. Factors adding to the complexity of the above investigations included: the close proximity of each location; involved suspects were known to frequent multiple locations during any given evening; and the fact that the management was extremely cognizant to the possibility of police presence due to past violations of a similar nature.

An operation of this magnitude required that additional resources be loaned to Harbor Area to ensure that investigative and officer safety concerns were adequately addressed. A total of 44 officers from Harbor Area Vice and Patrol, Harbor Area Gang Enforcement Detail, Criminal Gang Homicide Division, Foothill Area Vice, and Detective Support and Vice Division (DSVD) participated in the investigation and were directly responsible for the successful conclusion of a lengthy investigation. Due to the undercover officers' investigative expertise, all involved suspects were identified and a nexus was established between the criminal activity and the respective premise management. Officers were also able to arrest the involved suspects without compromising the identity of the undercover operators, which will allow for follow-up investigations to be conducted. Arrests included violations relating to the illegal solicitation of alcoholic beverages inside a licensed on-sale ABC location, retail-to-retail alcoholic beverage sales, noise violations, and hand-to-hand narcotic sales.

It should be noted that all of the involved locations are currently operating under ABC stayed-revocation orders due to past accusations relating to similar solicitation activity. It is anticipated that upon completion of the ABC administrative review process, license revocation and subsequent business closures will occur.

Promoting Safe Graduations on a Citywide Level

73 Arrested During 2011 Safe & Sober Graduation Operation

RETAIL COMPLIANCE CHECKS: Officer James Lee (77th Area Vice) issues James Hicks, owner of J & M Market, a citation for furnishing an alcoholic beverage during Safe & Sober Graduation Minor Decoy operation.

DECOY SHOULDER TAP OPERATIONS: Foothill Area Vice personnel detain an adult violator after he provided a beer to an underage decoy during Safe & Sober Graduation operation.

thhe opening weekend (June 10-12, 2011) of the Los Angeles Police Department's (LAPD) 13 annual Safe & Sober Graduation Operation resulted in the arrest of 73 individuals for furnishing alcoholic beverages to underage minors. TWorking in conjunction with the Department of ABC, LAPD Area Vice Units conducted minor decoy and decoy

shoulder tap operations at 235 ABC licensed premises (markets, liquor and convenience stores) in close proximity to high schools. The project is designed to curtail the accessibility of alcoholic beverages and promote “safe and sober” graduations throughout the 91 Los Angeles Unified School District (LAUSD) high schools. Between June 1 and June 30, 2011, an estimated 27,000 students graduated from LAUSD high schools. Based on past events, it was anticipated that many graduating seniors would be attempting to use alcoholic beverages as a means of enhancing their celebrations. In an attempt to reduce the availability of alcoholic beverages to underage individuals and thereby save lives, vice units conducted minor decoy and decoy shoulder tap operations coinciding with high school graduations in their respective areas.

Decoy operations inhibit the flow of alcoholic beverages at the two primary sources: licensed locations and the parking lots of these locations. Surveys conducted by major universities indicate that approximately 75 percent of high school seniors

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have consumed an alcoholic beverage in the past six months. Studies also indicate that 46 percent of these students will obtain the alcoholic beverage by soliciting adults outside of markets and liquor stores. Shoulder tap operations are specifically designed to curtail this type of activity.

Shoulder tap operations, similar to minor decoy operations, involve soliciting individuals outside of licensed ABC retail establishments to purchase an alcoholic beverage for a minor. This weekend's Safe & Sober Graduation Operation resulted in the solicitation of 582 adults, on a Citywide basis resulting in 47 violations. Statistically, 92 percent of all adults approached refused the minor decoys' request for alcohol. This is a four percent improvement over the Department's 2010 operation. Additionally, 167 licensed ABC locations within close proximity of local high schools and colleges were inspected via the minor decoy program, which resulted in 26 clerks being cited for selling alcoholic beverages to underage individuals (representing an 84 percent compliance rate). Individuals convicted of furnishing a minor with an alcoholic beverage face a mandatory $1000 fine and 24 hours of community service.

Additional decoy shoulder tap operations will be scheduled throughout the summer on a citywide basis in order to continue our efforts at curtailing the accessibility of alcoholic beverages to underage individuals and thereby reducing alcohol-related crimes.

uring this reporting period, with the assistance of Operation ABC the Department of ABC posted of two revocations. On DMay 10, 2011, the Department of ABC (Van Nuys District

Office) permanently revoked the ABC license issued to Cig's r Us (12920 Sherman Way, North Hollywood). This location has been an on-going source of complaints relating to furnishing alcoholic beverages to underage individuals, in particular, high school-age students. The North Hollywood Area Vice Unit has been aggressively responding to citizen complaints and has obtained multiple minor sale violations (§25657[a] Business and Professions Code) at the location. In a recent operation, it was alleged that clerks would only sell to minors who produced a backpack to conceal the alcoholic beverage. The rumor was substantiated during a minor decoy compliance check when the clerk allowed the decoy to remove school books from her backpack to make room for a six-pack of beer. Clerks at the location have also been cited on two separate occasions for possessing drug paraphernalia. The owner of the operation indicated that he will remain open for business, but, will now limit his merchandise to tobacco products.

On June 9, 2011, the Cerritos Enforcement Office permanently revoked the ABC license at Dinner House M (1263 West Temple Street, Los Angeles). This Rampart Area location has an extensive history of after-hour services and has been repeatedly cited for failing to discontinue alcoholic beverage service at 2 a.m. Loss of this license resulted from four separate violations of after-hour service dating back to 2008. During this time, owners continued to disregard time restrictions despite paying $4,300 in fines and receiving a total of 60-days of ABC license suspension time. The last two after-hour sale accusations were made by the Rampart Area Vice Unit who have made continued attempts to bring Dinner House M into compliance regarding this issue.

Continued Violations Cause License Revocations OVB/OCB Locations Lose ABC Privileges

PREVENTING MINOR ACCESS: ABC Investigator Victoria Wood (Van Nuys District Office) posts Revocation Notice on the empty beverage refrigerators at Cigs r Us.

ENDING AFTER-HOUR SALES: ABC Revocation Order is posted on the front door of Dinner House M by Investigators Andrea Florentinus and Kim Marquez (Cerritos Enforcement Office).

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A Look at What’s Happening . . .A LAROA OUND TOWNR

WORKING TO ENSURE A SAFE CINCO DE MAYO: Officer Steven Trevino (Foothill Vice) photographs violator and decoy during face-to-face identification at the La Cuarto Milpas restaurant.

+ ALCOHOLIC BEVERAGE SOLICITATION ACTIVITY RESULTS IN TEMPORARY CLOSURES

A primary focus of the 2010/2011 ABC grant was to impact the problems associated with the illegal solicitation of alcoholic beverages inside on-sale ABC licensed locations. Numerous investigations have been conducted on a Citywide basis and multiple ABC administrative accusations involving the solicitation of alcoholic beverages have been made. A majority of these cases are still awaiting final disposition. The ABC administrative process can appear to be cumbersome and often times hearing delays and administrative appeals can slow the adjudication of pending accusations. However, during this reporting period, three ABC licensed locations received administrative sanctions resulting from enforcement action initiated during the 2010/2011 grant.

On April 7, 2011, the Chapala Bar (3130 East Olympic Boulevard, Los Angeles) received a 45-day suspension resulting from a joint investigation conducted by the Hollenbeck Area Vice Unit and Operation ABC. On April 20, 2011, two problematic premises in the San Fernando Valley received significant administrative penalties for management's promotion of illegal alcoholic beverage solicitation schemes. The Landing Strip (16451 Vanowen Street, Van Nuys) and the Turnaround Bar (9060 Woodman Avenue, Arelta) each received 30-day suspensions. In addition to temporary closures, each location received 3-year stayed-revocation orders. Should similar violations occur within the above locations during the next three years, the stay will be lifted and the licensee's privileges to sell alcoholic beverages will be revoked.

+ OPERATIONS-VALLEY BUREAU CINCO DE MAYO TASK FORCE

During the early morning hours of May 6, 2010, a multi-four traffic fatality occurred at the intersection of Roscoe Boulevard and Hayvenhurst Avenue. It was subsequently determined that the individuals involved in the single-vehicle collision had been drinking at a popular San Fernando Valley restaurant in conjunction with Cinco de Mayo festivities. To prevent a reoccurrence of the above tragedy, Operation ABC, with the assistance of OVB Vice personnel, coordinated a Driving Under the Influence (DUI) task force operation aimed at suppressing alcohol-related problems during 2011 Cinco de Mayo activities. The goal of the operation was to reduce DUI-related traffic injuries by focusing enforcement efforts at alcohol beverage retail outlets.

All OVB Vice units actively participated in the Cinco de Mayo task force operation and through their individual contributions greatly enhanced the safety of motorist in the San Fernando Valley. During the above task force, OVB Vice personnel

conducted one pseudo-intoxicated decoy, one shoulder tap, three minor decoy operations, and monitored eight problematic locations in an undercover capacity. Sixty-two ABC licensed premises were operated and 23 individuals were arrested for various ABC-related violations. More importantly, Valley Traffic Division reported that no fatal or serious-injury DUI-related traffic collisions occurred in OVB as a result of Cinco de Mayo celebrations.

Although it is extremely difficult to assume responsibility for an event that does not occur, OVB Vice personnel should take great pride in the fact their efforts undoubtedly had a significant impact on preventing loss of life as it relates to DUI traffic collisions during this year's Cinco de Mayo celebrations.

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Continued . . .CoA OUND TOWNR

+ SOUTHEAST AREA VICE UNCOVERS ILLEGAL SOLICITATION SCHEME

During the early portion of March 2011, the Southeast Area Vice Unit conducted a routine undercover inspection at the El Diamante Bar (12002 South Figueroa Street, Los Angeles). The investigation revealed that management was promoting an illegal alcoholic beverage solicitation scheme in violation of ABC regulations. Southeast Area Vice immediately opened a formal investigation and began a series of undercover operations. Detective Support and Vice Division was contacted and requested to provide assistance in determining the depth of the criminal activity.

During a two-month investigation, undercover officers were successfully able to infiltrate the illegal operation and identify the involved suspects. To provide additional investigative expertise, DSVD requested the assistance of personnel assigned to the Harbor Area Vice Unit. Together, undercover personnel conducted their final investigation on the evening of June 24, 2011. The investigation culminated with the arrest of seven individuals involved in the illegal scheme.

+ CONTINUED VIOLATIONS AT DEVONSHIRE AREA BAR

On April 22, 2011, seven suspects were taken into police custody for operating an illegal alcoholic beverage solicitation scheme at the Cantina De Oro bar (16275 San Fernando Mission Boulevard, Granada Hills). The arrest of these individuals culminated a four-week investigation in which undercover officers, posing as customers, infiltrated the operation and gathered evidence to tie the premise management into the illegal activity. The activity was discovered during a routine undercover inspection of the location subsequent to past enforcement action. Operation ABC regularly checks ABC locations following the adjudication of past enforcement action to ensure that licensee's are taking appropriate steps to eliminate illegal activity. In this particular instance, it was determined that nothing had changed inside the location and management was still promoting the illegal solicitation of alcoholic beverages in open defiance of ABC regulations.

It should be noted that the Cantina De Oro bar recently completed a 20-day ABC license suspension and is operating under a 3-year stayed-revocation order resulting from illegal alcoholic beverage solicitation activity (July, 2009). This complicated the investigation greatly by making the bar staff cognizant to the possibility of police surveillance and required undercover officers to utilize all of their investigative skills. Vice investigators assigned to Van Nuys, Foothill, and Devonshire Areas, under the supervision of DSVD, participated in the operation.

+ 155 LOCATIONS VISITED DURING VAN NUYS TASK FORCE

On May 21, 2011, the Van Nuys Area Vice Unit hosted an ABC enforcement task force involving all OVB vice unit personnel. Utilizing the newly established OVB task force format, the first portion of the evening involved minor decoy, decoy shoulder tap and drunk decoy operations conducted throughout Van Nuys Area. Uniformed vice investigators were also assigned to conduct up-front inspections at predetermined on and off-sale ABC locations. At the conclusion of the various decoy operations, task force personnel operated 12 problematic premises in an undercover capacity while focusing their attention on the over service of alcoholic beverages and other ABC violations.

At the conclusion of the operation, 15 ABC-related arrests were made by the involved task force personnel. A total of 155 locations were visited during the Saturday night operation, representing approximating two-thirds of the total ABC locations within Van Nuys Area. This task force operation represents a collaborative effort of OVB vice personnel who are committed to enhancing public safety and reducing alcohol-related crime. Their on-going efforts at enforcing ABC regulations has greatly enhanced the quality of life for the business and residential communities in the San Fernando Valley.

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Back-bar inspectionTrends, tips, and useful information . . .

he “back-bar inspection” portion of our newsletter is designed to provide law enforcement personnel and our stakeholders with up-to-date information on alcohol-related crime trends, enforcement tips, and additional information Tthat may be useful in enhancing ABC investigations. Although this section is specifically written for the purpose of

increasing officer awareness and reducing alcohol-related crimes, it will also enlighten all readers as to what is new in terms of our response to irresponsible alcoholic beverage sales, service, and consumption.

The first mechanical slot machine was the Liberty Bell, invented in 1895 by Charles Fey, a San Francisco car mechanic. Fey's slot machine had three spinning reels, with diamonds, spades, hearts and one cracked Liberty Bell painted around each reel. Since the invention of these devices, slot machines have been used in a legal and illegal fashion, for amusement, and to the determent of many. Illegal slot machines can be found in some ABC-licensed premises and their presence can be used in gambling schemes by irresponsible operators as a means of acquiring illegal earnings.

Officers involved in ABC enforcement should be knowledgeable in slot machine regulations due to the likelihood that they many encounter these devices during on-site investigations. Properly documented investigations can result in substantial administrative sanctions against licensees who illegally use these machines as gambling devices. The mere possession of an illegal slot machine inside a licensed ABC premise can result in a 15-day suspension of the licensee's privileges to sell alcoholic beverages. If used as a gaming device, the penalty is typically increased to 30-days, with 15-days stayed for a period of two years.

Chapter 10 (Gaming), Section 330 of the California Penal Code (PC), and related subsections, address a majority of the regulations governing the possession and use of mechanical and non-mechanical slot machines. This portion of the Penal Code outlines criminal liabilities regarding the exchange of money or items of value, for other items of value, which are dependent upon hazard or chance. In simplistic terms, anyone who pays a fee, takes a chance, to win a prize, is gambling and thereby guilty of a misdemeanor (with legally denoted exceptions). Specific gaming activities (i.e. monte, roulette, twenty-one, or banking/percentage games played with cards or dice) are denoted in this section and officers should be versed in their application prior to enforcement action.

+ Enhancing and Developing Your Expertise

Slot Machine Investigations

+ CONTINUED EMPHASIS ON RESPONSIBLE ABC RETAILER PROGRAM

The Responsible ABC Retailer program has shown significant benefits when incorporated into our traditional educational efforts. This program is a blending of classroom instruction (STAR training), follow-up on-site inspections and an oral agreement between licensees and the LAPD to dispense alcoholic beverages in a responsible manner. Participation in the program allows retailers to post distinctive placards at their businesses that alert the public to their commitment to the responsible sale and service of alcoholic beverages. These placards also identify the business as a location committed to reducing alcohol-related crime by working in partnership with the LAPD. In excess of 650 locations are currently participating in the Responsible ABC Retailer program. During this quarter, an additional 68 retailers Citywide agreed to participate in the program and joined the ranks of those retailers already committed to the principles established via the Responsible ABC Retailer program. The effectiveness of this program can be demonstrated in the fact that no location actively participating in the program has been cited or been the subject of a formal vice complaint investigation.

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back-bar inspectionContinued from page 6

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Not all slot machines are illegal. Any slot machine not operated for gaming purposes that is over 25 years of age is considered to be an antique and is legal to possess (§330.7 PC). Antique slot machines (photograph 1), generally referred to as one-arm bandits, should be easily identifiable by their appearance, mechanical operation, and lack of electronics and video display. It is unlikely that officers will encounter an antique slot machine being used as a gaming device, however, to protect the collection and restoration of antique slot machines because of their aesthetic interest and importance in California history their destruction should be delayed until final court determination (§330.7(b) PC).

The most common illegal slot machine officers will encounter will be a free-standing, or table-top, video slot machine. Frequently identified as an “8 Line” or “Super 8 Line,” (referring to the number of possible winning combinations) these machines will have a video screen, which will typically replicate a variation of the spinning wheels of the original Liberty Bell slot machine. The machine will have some type of coin or currency receptacle to activate the game (pay a fee), an activation device to start the game (take a chance), and method of receiving payment, either direct cash payment or accumulation of credits (win a prize). The mere possession of these machines is a violation (§330b PC) and officers may take enforcement action against any person in control of these devices.

The San Fernando Valley has seen an influx of a new type of game of chance that is being placed inside neighborhood markets and liquor stores (photograph 3). An adaptation of an arcade game, the device is typically crudely constructed of particleboard and plexi-glass. A slot allows a player to drop a coin onto a metal surface (pay a fee) and while a metal bar cyclically pushes coins in the direction of previously deposited coins (take a chance). As the coinage accumulates, the player has a chance of pushing coins beyond the metal surface into a retrieval box (win a prize). As the player cannot control where the coin may land, this is a game of chance and therefore can be enforced under laws governing slot machines.

Non-mechanical slot machines (photograph 4) have been found frequently in service and veterans clubs licensed under ABC Type 51 and 52 licenses (Members & Guests Only). These small cardboard cards (punchboards or pull-cards) are typically sold for one-dollar each and offer the purchaser a chance of possibly winning up to $50.00 by pulling back paper windows to reveal icons similar to that of a mechanical slot machine. Cards are sold to the retailer in boxes that have a predetermined pay-out and profit percentage (20 to 30 percent profit). These devices have been classified as slot machines (§330c PC) and are illegal to possess or use as a gaming device. Evidence collection should involve both used and unused pull-cards.

In order to establish that the slot machine is used as a gaming device (§330a PC), officers must witness or participate in the activity. Elements necessary to establish a violation will include determining who is in control

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Bilingual STAR Training Enhances Public Safety

back-bar inspectionContinued from page 7

of the slot machine; method of payment; and house payment; and house knowledge that establishes a nexus between the illegal activity and the licensed premise. Statements from involved persons relating to amount of loss or wins, frequency cash collection, and length of time at the location, will assist investigating officers in establishing a nexus to the licensee. Persons observed playing slot machines may be cited for gambling (§330 PC) and employees observed engaged in paying-off for wins can be cited for using the slot machine as a gaming device (§330a PC).

Officers enforcing regulations relating to slot machines will obviously take the slot machines into police custody due to their evidential value. Prior to recovering the involved slot machine, officers should photograph the machine inside the premise. Photographs should depict the location of installation and clearly show the machine's video display and operating panels. Several photographs may be necessary to show video display variations. All currency should be removed and booked as evidence at the time of seizure. This eliminates confusion and additional evidence collection when monies are discovered inside slot machines by property disposition personnel prior to destruction.

California law allows for the disposal of monies seized in connection with illegal slot machines (§330.3 PC) and destruction of the involved slot machines (§335a PC), provided a Destruction Order is posted at the location of seizure. The slot machine must been held for 30-days without action for recovery or pending court jurisdiction. Los Angeles Police Department policy requires posting of Destruction Orders at locations where officer's seize illegal slot machines. Operation ABC personnel can be contacted to obtain copies of Slot Machine Destruction Orders.

Provided officers have an understanding of the legalities of their possession and use, slot machine investigations are neither complex nor involved. Operation ABC personnel are committed to ensuring that all law enforcement agencies have the ability to conduct quality investigations and utilize all legal means to promote responsible ABC retail operations. Through the expansion of officer knowledge and expertise, we can better serve the business and residential communities that look to law enforcement to provide quality service.

he reduction of alcohol-related arrests inside licensed ABC establishments (down 64 percent since 1998) and increase compliance rates (minor decoy and decoy shoulder tap operations up 18 percent, and drunk decoy Toperations up 90 percent) during the past ten years, are a direct result of our increased efforts to train the ABC retail

community. The Los Angeles Police Department relies on the Standardized Training for Alcohol Retailers (STAR) program as the primary vehicle to provide training to the estimated 45,000 individuals employed in the ABC retail industry within the City of Los Angeles. During this quarter, Operation ABC conducted 22 STAR training presentations, which allowed 772 retailers to receive training from ABC subject matter experts.

To ensure that STAR training is available to all members of the diverse ABC business community, presentations are conducted in English, Spanish, Korean, and Cantonese. With the assistance of Topanga Area Vice investigator, Police Officer III Jimmy Yoo, two Korean STAR presentations were conducted at the Olympic Community Police Station on June 16 and 17, 2011. Officer Yoo's background in vice enforcement and bilingual skills proved invaluable during the two presentations. Seventy-six non-English speaking ABC retailers were enlightened regarding their responsibilities when dispensing alcoholic beverages by Officer Yoo's translation of the four-hour programs.

During the 2010/2011 Grant Assistance Program (GAP) period, 3,067 individuals attended one of the 75 STAR presentations conducted by Operation ABC. This represents an eight percent increase in attendance and a one percent increase in the total number of presentations conducted over our 2009/2010 GAP accomplishments. To date, in excess of 25,000 retailers have attended one, or more, of the 645 STAR presentations conducted on a Citywide level by Operation ABC personnel since the training program was established in 1998.