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Idaho State Police Alcohol Beverage Control LEO Training 2016
Idaho State PoliceAlcohol Beverage Control
LEO Training 2016
Safety• 67% of people in America drink alcohol• 58 % of high school graduates drink alcohol• 44% of college students binge drink• 48% of college students said, “drinking to get
drunk” is an important reason for drinking.• 23% of college students reported driving after
consuming five or more drinks• 19% of college students met the criteria for
alcohol abuse or dependence
Source: NESARC, Center for Science in the Public Interest, Gallup-research date 12.5.2012
Idaho’s Three Tier System
To facilitate state and local decision making about alcohol.
To efficiently collect taxes.
To promote responsible consumption and community safety.
To balance competition and regulation while maintaining an orderly market.
Brewers/Suppliers
Distributors/Wholesalers
Retailers/Grocers/Bars
Retail Alcohol License
• A license is needed to dispense alcohol in the state of Idaho.
• Must have appropriate license for the type of alcohol to be sold.
State License
State License
The person or entity to whom a retail alcohol license is issued
(Licensee)
State LicenseOriginal, currentlicenses must be
signed and prominently
displayed in the
premise. I.C. 23-908
State License
Endorsements will be listed on
the license
Laws & Rules
Alcohol Regulations
• Code Title 23
• IDAPA – Idaho Administrative Rules
–IDAPA 11, Title 5, Chapter 01
• City & County Ordnances
Possible Legal Actions against a Violator
• Criminal Citation
• Arrest
• Administrative Violation
Possible Legal Actions Against a Licensee
• Administrative Violation Notice
– Suspension
– Revocation
– Monetary penalty
• Criminal Complaint
– Fine
– Jail
Retailer Alcohol Purchases
• Beer
– Must purchase beer for resale from dealer or wholesaler licensed in this State.
– I.C. 23-1055
• Wine
– Must purchase or receive wine for resale from a distributor.
– I.C. 23-1313
Retailer Alcohol Purchases
• Liquor must be purchased from a state liquor store.
• Liquor cannot be sold by the bottle.
• Liquor retailers can only sell liquor by the drink.
Hours Of Sale
• State law sets the hours of sale for all licensed alcoholic beverage establishments at 1:00 a.m.
• Counties and Cities can extend the hour to 2:00 a.m.– I.C. 23-927
Hours Of Sale
• Beer and Wine
– Sale hours are 6:00 a.m. to 1:00 a.m.
–Beer and wine does not have to be locked up after closing hours.
– I.C. 23-1012, I.C. 23-1332
Hours Of Sale
• Liquor
– Sale hours are 10:00 a.m. to 1:00 a.m.
–Opened bottles must be locked up after sale hours.
– Sealed bottles do not have to be locked up.
Hours Of Sale
• Alcohol sales stop at the mandated time.
• Open liquor is locked up; Beer and wine is stored.
• Alcohol consumption ends 30 minutes later. All alcohol left on the tables or bar is poured down the drain.
Hours Of Sale
• People can remain in the premise as long as the licensee allows them, but no alcohol can be sold or consumed after the mandated time.
• Private parties in a bar still need to follow hours of sale.
• Licensed premises or non-catered/non-licensed party.
Days Of Sale
There are no restrictions on days of sale for beer and wine.
Days Of Sale
• Liquor may not be sold, offered for sale, or given away on:
– Sunday, Memorial Day, Thanksgiving, or Christmas.
– Cities and counties can allow sales on Sunday, Memorial Day and Thanksgiving.
– Liquor cannot be sold on Christmas day.
Right To Inspect Premises
Premises
Licensed Premise:
The building and property used by the licensee for the sale of alcohol. The premise is identified by the floor plan and diagram submitted to ABC.
Right To Inspect Premises
• All law enforcement officers have the right to inspect licensed liquor, beer, and/or wine premises.
• The licensee and/or employees must allow the officer in to examine the premises.– I.C. 23-930
Right To Inspect Premises
• All law enforcement officers have the right to inspect licensed liquor, beer, and/or wine premises for records during the licensee’s regular and usual business hours.– IDAPA 11.05.01.014
Defacing ISLD Stamps
• Licensees are responsible for defacing the yellow ISLD stamp immediately when the bottle becomes empty.
–Not after the premise is closed
–Not the next day when inventories are checked.
–Re-pouring is illegal
Defacing ISLD Stamps
Outdoor Advertising
• I.C. 23-1035 prohibits advertising any brewer or trade name, trademark or label of any brand of beer.
Outdoor Advertising
Outdoor Advertising
• I.C. 23-931 prohibits advertising the sale of liquor.
Outdoor Advertising
Keg Sales
• Keg receipts and stickers required• Required information on State of Idaho
form:–Purchaser –Vehicle transporting keg –Address where consumed
• False information reported on the form is illegal.
Catering
• Licensee is the applicant• Licensee is responsible for the alcohol service• Based on the type of license possessed by
licensee• Cannot be issued for a licensed premises• Permits are handled by the city or county clerk• Issued for a party or convention
– I.C. 23-934A
Under 21 – Internet Blog
“Please reccomend some ways to obtain alcohol as a minor. I'm not 13 years old, 17 so please do not
lecture.”
Under 21 – Internet Blog
“friends over 21 or just ask people to buy it for you outside of the
store it works for me all the time”
Under 21 – Internet Blog
“Or just find a place that doesn't ask for an ID”
Under 21 – Internet Blog
“I walk into the shop and buy it.”
Under 21 – Internet Blog
“just go to all the bars in your area. i guarantee at least one will sell
you alcohol.”
Under 21 – Internet Blog
“I'm 14, and no one has asked me for my ID
People are much more laid back then you might think :)”
Under 21 – Internet Blog
“Fake id...Look older...
Get someone else to buy it for you..”
Compliance Checks
• Conducted using ABC minors from 17-19 years of age.
• They use their real state issued identification.
• Shoulder Taps – ABC minors approach people outside of a licensed establishment and ask them to purchase alcohol.
Selling To Under 21
Restrictions on sale -- No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold, delivered, or given away, or allowed to be consumed, any alcohol beverage, including any distilled spirits, beer or wine, to:
Selling To Under 21
Any person under the age of twenty-one (21) years, proof of which shall be a validly issued state, district, territorial, provincial, national or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.
I.C. 23-615
Over Service
Over Service
• It is illegal to sell alcohol to the following:
–Any person actually, apparently or obviously intoxicated.
–An habitual drunkard.
–An interdicted person.
"Interdicted person" means a person to whom the sale of liquor is prohibited under law. (I.C. 23-902)
• I.C. 23-615 & 23-605
Over Service
• If a patron in your premise is showing apparent signs of intoxication then you can not:
– Serve them alcohol
– Sell them alcohol
–Allow them to possess or consume alcohol
Identifying Problem Outlets
• Collect data:
– Calls for service
– Fight/disturbances within proximity of the bar
– DUI reports-point of last sale
– Complaints
– Cold crime reports
Source Investigations
• Serious injury or fatal crash
• Underage alcohol consumption
• Alcohol is involved from a licensed establishment
• Call out ABC Detectives to the scene or call next day
Checking Identification
Checking Identification
• A valid identification will have the person’s photograph and date-of-birth.
• Valid forms are:– State, national, or other equivalent government driver’s
license or identification card.
– Valid Immigration and Naturalization card from the Department of Homeland Security (DHS).
– Military identification card.
– US Passport or US Passport card.
– Valid Foreign passport with a valid U.S. VISA.
– I.C. 23-615
Checking Identification
• A person cannot refuse to show identification to a police officer when:
– They possess, purchase, attempt to purchase, or consume alcoholic beverages.
– They are in a premise.
– I.C. 23-943A
Checking Identification
Over 21 AdultStyle no longer issued (Will be in circulation until 2019)
Checking Identification
Under 18 - Green Under 21 - Red
Checking Identification
In 2011, Idaho switched from an “over-the-counter” system to a “central issuance” system.
Applicants are issued a temporary, which is valid for 30 days.
3 Categories of Fake Identification
• Borrowed/Fraudulent Use– Use friends ID that is over 21
• Altered– Change letters/numbers on real ID
• Fake/Manufactured ID’s– Can easily be purchased online
– Sold as novelty items
Counterfeit or Altered Age Documents
If alcoholic beverage licensees, their employees, or agents receive age identification documents which have been lost or voluntarily surrendered, they shall deliver the documents to an agent or investigator of the Alcohol Beverage Control Bureau or to other law enforcement officials within fifteen (15) days from the date they were received, found or voluntarily surrenders. When identification documents that appear to be mutilated, altered or fraudulent are presented to a licensee, their employees or agents, they must contact law enforcement and/or refuse service.
IDAPA 11.05.01.021.03
Idaho State Police
Alcohol Beverage ControlDetective Tyler Jussel
Detective Tim Snell
