ABC Managers Meeting

SPRING/SUMMER 2016 March 30, 2016

Captain Kenny Miller Sergeant Lonnie Cain

Audience

Today’s focus is “On Premises” Beer, Wine and/or Mixed beverage license holders.

Focused on you in an effort to share our perspective and seek your input.

Agenda

ABC and VBPD

Review of Applicable Laws

ERTF

Solicitation for input and dialogue

What we expect of you

What are your expectations of us?

Points of Contact and Introductions

VBPD Law Enforcement

Enforcing criminal laws

Maintaining order

Larger purpose…improving the quality of life for all citizens.

Employing a community policing philosophy. All stakeholders, including your expectations

Share information

ABC Bureau

A Virginia Accredited Law Enforcement Agency

Virginia ABC is charged with enforcing the laws of the Commonwealth pertaining to the manufacture and sale of alcoholic beverages. This responsibility is met by the Bureau of Law Enforcement, which also serves as a key resource for information about Virginia alcohol laws

Virginia ABC special agents have full police powers with a diverse range of duties—from investigating license applicants and conducting underage sale compliance checks, to enforcing criminal and ABC laws in more than 17,000 licensed establishments

The administrative hearings process addresses disciplinary matters related to ABC law violations, contested license applications and franchise issues.)

ABC Inspections

ABC annual inspections are conducted unannounced, during reasonable hours of operation (COV 4.1-204). For most licensees, this means between 9 a.m. and 5 p.m. If the licensee is not open to the public substantially during this period, "reasonable hours" shall mean the business hours when the licensee is open to the public. ABC special agents can inspect your business at any time, so it makes sense to have your documents and records in good order at all times.

A good reference to prepare yourself for an annual inspection by an ABC Agent is https://www.abc.virginia.gov/licenses/retail-resources/preparing-for-your-inspection

A good reference for licensed establishments in understanding and following Virginia's ABC laws and regulations is https://www.abc.virginia.gov/licenses/retail-resources .

VBPD Inspections

We inspect areas open to the public, and our focus is safety.

Gives your staff a chance to meet and interact with our officers.

Inspecting officers will be happy to discuss the inspection with a manager immediately following conclusion.

Inspections will be documented

Disputes about results of inspection (or follow up reports) can be submitted in writing to ERTF@vbgov.com (within 10 days of receipt)

Any business will be given an opportunity to add notes/comments to file.

Authority to Inspect (3VAC 5-50-70)

C. … law-enforcement officers in the performance of their official duties shall be allowed free access … during reasonable hours.

Follow Up Reports

When we link a criminal event to behavior that occurred in your bar, you will receive a follow up report (ERTF). Intoxicated persons, fights, DUIs, false IDs, underage….

This report will provide you with information that will help you measure and monitor: The scope/severity of criminal events that affect your staff and patrons The staff members/patrons who were involved

Normally hand-delivered

To the extent possible, investigations that result in follow up reports should reflect: If we assess that staff did the right thing or if the staff made an error If the patron was a victim, or offender If the patron was visibly intoxicated

Many ERTF reports are positive.

Review of Laws - Underage Sales and Service

A person less than 21 years of age may not possess or consume alcoholic beverages on a licensed premises.

We have and will continue to conduct investigations in bars where we believe underage sales occur.

Under 18

Can sell off-premises as long as on-duty ABC manager is on the premise.

Staff such as busboys, cooks, and kitchen help, can be of any legal working age.

18 and over Can work as waiter or waitress in a mixed beverage establishment.

May act in the capacity of a bartender in an establishment that sells beer only.

Preventing Intoxicated Customers

You are responsible to ensure no one is allowed to become intoxicated on the licensed premises.

Ensure that anyone who enters an establishment in an intoxicated condition cannot purchase or consume alcoholic beverages.

If they come in intoxicated, your staff should react appropriately.

Sales to Intoxicated Person(s)

Do not sell or serve alcoholic beverages to intoxicated persons

Do not allow an intoxicated person to consume or possess alcoholic beverages on the premises of your business.

Do not allow an intoxicated person to loiter on the premises of your business.

Preventing Intoxicated Customers Con’t

Sales to Intoxicated Person(s)

Can result in criminal prosecution and administrative penalties.

Licensees and their employees must constantly assess the level of alcohol consumption by patrons. Signs of intoxication must be taken seriously and sale to intoxicated people refused.

Consequences can have a negative impact or your business

Appropriate Reaction

When your staff discovers a person who is too intoxicated to serve (already inside or trying to gain entry) but otherwise is well behaved and cooperative, you can not serve them alcohol legally. We urge you to not simply eject them.

Offer them a non alcoholic beverage and assist them in developing a safe plan for returning home (taxi, staff member assist etc.)

If that does not work

If the intoxicated patron resists these efforts or becomes otherwise uncooperative… call the Police

Allowing a grossly intoxicated person to wander the streets while failing to call the police and seek our assistance, ignores the risks inherent to the citizens safety.

Staff Training

VA ABC provides training to both law enforcement professionals and licensed establishments, and are involved with multiple prevention and education initiatives. Our active involvement is in keeping with our community policing philosophy, to include RSVP and MART training.

If your staff perceives the need to use physical force, a criminal investigation can occur, a good practice call the Police.

Caution on “choke holds”

Benefits of Preventing or Managing Intoxicated Customers

Improved customer service

Comply with ABC laws, rules and regulations

Less chance of dealing with confrontation

Making your business more appealing to larger spectrum of people

No licensee or employee shall consume alcoholic beverages while on duty.

Employee and Licensee may receive $500 fine or 7 days suspension.

Staff Training Con’t

Time of Alcohol Sales

Restricted hours Off premises sale of alcohol…midnight to 6:00 am.

On premises consumption… 2:00 am to 6:00 am.

Alcohol sales during these restricted hours can result in the person who makes the sale being charged criminally.

Virginia ABC Hearing Process

Hearings are conducted by the Hearings, Appeals and Judicial Services Division, an independent adjudicatory division within Virginia ABC that schedules and conducts hearings on issues brought to the ABC Board for resolution. It is our policy, in compliance with statute and regulation, to conduct full, fair and impartial hearings in an orderly manner according to due process standards.

For further information on VA ABC hearings process please visit https://www.abc.virginia.gov/enforcement/hearings-and-appeals/hearings-process

Follow-up for your Benefit

Whenever you contact the police about an incident involving an intoxicated or underage patron (criminal event) in (or associated with) your establishment, contact your ABC Agent and feel free to set an appointment with a Precinct representative if you have concerns.

Trespass Ban Letters

No longer issued or supported by VBPD

Banning from your business is your matter

We will assist in identifying if you request

Consider handheld ID scanner

Handheld ID scanners

Help control underage issues

Help ID false IDs

Make monitoring and controlling unwanted customers much easier

Various types available Dedicated

iOS

Android

Ban period is set by you and your database monitors

Noise

Complaints from citizens and businesses

Amplified noise above certain levels prohibited Restaurants 75 dB(A) after 2300 City Code 23-72

Residential (includes hotels) 55dB(A) after 2200

Calibrated sound meter used

Phone apps can help you

Sidewalk Encroachment

We suggest that patrons in the rope line should be treated as such by your staff.

Rude and offensive (but not illegal) behavior in the rope lines is a matter yours staff should address. These patrons are a reflection on your business.

We will enforce your ban or ejection if necessary.

We support business and want to help but we can not allow the sidewalks to become blocked.

Littering and cigarette butts!!

Owner or occupant shall maintain the sidewalks and curbs up to the edge of the pavement… in a clean and litter-free condition.

City code 33-13 (Class 3 Misdemeanor)

Overcrowding (Police Perspective)

Overcrowding is a clear threat to public safety and a violation of the law.

Fire Marshall advised…

Other Stakeholders

ABC

Fire Department

Zoning

City Attorney

What We Expect

Safe and robust nightlife community

Cooperation in the pursuit of prosecuting those who assault, injure, or threaten your staff or patrons.

Dialogue on & design of best management practices focused on Public Safety

What We Offer

Collaborative working environment

Fair and competent investigations of criminal activity

Continued commitment to order maintenance

Ready access to the right City staff member

Points of Contact

Capt Squires1st Pct 385-4377 (Municipal Ctr)

Capt Adams 2nd Pct 385-2700 (Oceanfront)

Capt J.T. Orr 3rd Pct 385-2703 (Bayside TC)

Capt Yaborough 4th Pct 385-2800 (Kempsville)

www.VBgov.com/dept/police/ertf/

www.abc.state.va.us