Alcohol Availability and the Prevention of Alcohol Related Problems

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Alcohol Availability and the Prevention of
Alcohol Related Problems
James F. Mosher, JD Pacific Institute for
Research and Evaluation Workshop presented at
Arizonas Second Substance Abuse Conference, May
1, 2007
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The Role of Policy and Law Changing the Focus of
Intervention
INDIVIDUALS
POPULATIONS
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CHANGE IN POINT OF INTERVENTION
Products/Availability/Marketing
Brain Function
Attitudes Beliefs
Costs/Alcohol Taxes
Genetics
Social Influence
Individual Characteristics
Community/Environmental Factors
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The Alcopop A sweet, sugary drink that looks and
tastes like soda-pop, lemonade, and punch, but
contains alcohol.
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Place Number of Alcohol Outlets
Overconcentration A link to youth violence
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Place Types of Alcohol Outlets

• Commercial
• Gas Stations
• Fast Food Outlets
• Laundromats
• Noncommercial
• House parties
• Public lands

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Your guide to the best cheap beer. BY CHUCK
KAPELKESTUDENT.COM CORRESPONDENT
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Availability Strategies are Effective
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Availability Strategies can have Large Effects
Stadium beer-sale ban resulted in a dramatic
reduction in alcohol problems among students.
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Research demonstrates that reducing the density
of alcohol outlets will reduce

• Violence
• Property crimes
• Impaired driving
• Social disorder

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The Alcopop A sweet, sugary drink that looks and
tastes like soda-pop, lemonade, and punch, but
contains alcohol.
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The beauty of this category is that it brings in
new drinkers, people who really dont like the
taste of beer, said Marlene Coulis, A-Bs
director of new products. (Advertising Age,
April 22, 2002)
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Who are New Drinkers?

• 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.

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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.
• The earlier a young person begins to drink, the
  heavier his or her consumption is likely to be
  later in life.

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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.

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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. . . .
• Ariz. Rev. Stat. s. 42-3001

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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

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Other Policy Strategies Related to Youth-Oriented
Products

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

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Local Authority to Regulate Alcohol Availability
in Arizona

• Arizona law
• Generally preempts local authority over
  alcoholic beverage control
• 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 regulation of exotic dancing
• Court opinion suggests that local regulation of
  other outlet practices not directly related to
  alcohol sales is permitted

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Other Local Authority

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

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Social Host Liability Laws
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Social Host (Criminal) Laws
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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.

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What is Social Host Liability?

• Hosts are prohibited from providing a location
  for underage drinking events.
• Furnishing the alcohol is not a required element
  of the offense.

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Types of Social Host Liability

• Criminal
• Civil/tort liability
• Civil/cost recovery

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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 hosts property.
• Similar to dram shop liability laws, which apply
  to commercial vendors of alcohol.

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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.
  

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Type 3Civil/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.

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Type 3Civil/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.

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Advantages of Civil/Cost Recovery Laws

• Strict liability no knowledge requirement.
• 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.