Alcohol Availability and the Prevention of Alcohol Related

Problems

James F. Mosher, JDPacific Institute for Research and Evaluation

Workshop presented at Arizona’s Second Substance Abuse Conference, May 1, 2007

INDIVIDUALS POPULATIONS

The Role of Policy and Law:

Changing the Focus of Intervention

Costs/Alcohol Taxes

Products/Availability/Marketing

Individual Characteristics

Genetics

Brain

FunctionAttitudes

& Beliefs

Social

Influence

Community/Environmental Factors

CHANGE IN POINT OF INTERVENTION

The Alcopop: A sweet, sugary drink that looks and tastes like soda-pop, lemonade,

and punch, but contains alcohol.

Place: Number of Alcohol Place: Number of Alcohol OutletsOutlets

Overconcentration: A link to youth violence

Place: Types of Alcohol Place: Types of Alcohol OutletsOutlets

CommercialCommercial Gas StationsGas Stations Fast Food OutletsFast Food Outlets LaundromatsLaundromats

NoncommercialNoncommercial House partiesHouse parties Public landsPublic lands

Your guide to the best cheap beer.

BY CHUCK KAPELKESTUDENT.COM CORRESPONDENT

Availability Strategies are

Effective

Availability Strategies can have

Large Effects

Stadium beer-sale ban resulted in a dramatic reduction in alcohol problems among students.

Research demonstrates that reducing the Research demonstrates that reducing the density of alcohol outlets will reduce:density of alcohol outlets will reduce:

ViolenceViolence Property crimesProperty crimes Impaired drivingImpaired driving Social disorderSocial disorder

The Alcopop: A sweet, sugary drink that looks and tastes like soda-pop, lemonade,

and punch, but contains alcohol.

“The beauty of this category is that it brings in new drinkers, people who really don’t like the taste of beer,” said Marlene Coulis, A-B’s director of new products.

(Advertising Age, April 22, 2002)

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.

Who are “New Drinkers”?Who are “New Drinkers”?

Underage Drinking: A Critical Underage Drinking: A Critical Component of the Alcohol MarketComponent of the Alcohol Market

Underage drinking accounts for an estimated 20% of Underage drinking accounts for an estimated 20% of the alcohol beverage industry's sales -- $23.4 billion the alcohol beverage industry's sales -- $23.4 billion of the total $116.2 billion Americans spend on of the total $116.2 billion Americans spend on alcohol each year.alcohol each year.

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

Tax and Trade Bureau Description of Tax and Trade Bureau Description of “Flavored Malt Beverages” (Alcopops)“Flavored Malt Beverages” (Alcopops)

““Flavored malt beverages [alcopops] exhibit Flavored malt beverages [alcopops] exhibit little or no traditional beer or malt beverage little or no traditional beer or malt beverage character. … Brewers … remove the color, character. … Brewers … remove the color, bitterness, and taste that are generally bitterness, and taste that are generally associated with beer. … This leaves a base associated with beer. … This leaves a base product to which brewers add various flavors, product to which brewers add various flavors, which typically contain distilled spirits, to which typically contain distilled spirits, to achieve the desired taste profile.”achieve the desired taste profile.”

Arizona Definitions of Malt Liquor Arizona Definitions of Malt Liquor and Distilled Spiritsand 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""Spirituous liquor" means any liquid that contains more than means any liquid that contains more than one-half of one per cent alcohol by volume, that is produced by one-half of one per cent alcohol by volume, that is produced by distillation of any fermented substance and that is used or distillation of any fermented substance and that is used or prepared for use as a beverage. . . .prepared for use as a beverage. . . .

Ariz. Rev. Stat. s. 42-3001

Reclassifying Alcopops and Energy Reclassifying Alcopops and Energy Drinks as Distilled Spirits:Drinks as Distilled Spirits:

Increases taxes (from $.16/gallon to Increases taxes (from $.16/gallon to $3.00/gallon)$3.00/gallon)

Recoups large portion of lost state tax revenue Recoups large portion of lost state tax revenue (approximately $7.8 million/year) (approximately $7.8 million/year)

Reduces availability in off-sale outlets by 60 Reduces availability in off-sale outlets by 60 percentpercent

Reduces availability in on-sale outlets by 20 Reduces availability in on-sale outlets by 20 percentpercent

Establish criteria for defining youth-oriented productsEstablish criteria for defining youth-oriented products Restrict product designs (e.g., no alcohol sold as a Restrict product designs (e.g., no alcohol sold as a

mist; no alcoholic gelatin)mist; no alcoholic gelatin) Increase taxesIncrease taxes Dedicate taxes to youth prevention and recovery Dedicate taxes to youth prevention and recovery

programsprograms Restrict availabilityRestrict availability Impose special packaging and labeling requirementsImpose special packaging and labeling requirements

Other Policy Strategies Related to Other Policy Strategies Related to Youth-Oriented ProductsYouth-Oriented Products

Arizona law:Arizona law: Generally “preempts” local authority over alcoholic Generally “preempts” local authority over alcoholic

beverage controlbeverage control Specifically prohibits local control of hours and days of Specifically prohibits local control of hours and days of

sale and local definitions of restaurantssale and local definitions of restaurants Permits local “permit tax or fee” on alcohol outletsPermits local “permit tax or fee” on alcohol outlets Permits local regulation of exotic dancingPermits local regulation of exotic dancing Court opinion suggests that local regulation of other Court opinion suggests that local regulation of other

outlet practices not directly related to alcohol sales is outlet practices not directly related to alcohol sales is permittedpermitted

Local Authority to Regulate Alcohol Local Authority to Regulate Alcohol Availability in ArizonaAvailability in Arizona

Public places where drinking is/is not allowed – Public places where drinking is/is not allowed – e.g., parks, beachese.g., parks, beaches

Special event permits Special event permits Social Host ordinancesSocial Host ordinances

Other Local AuthorityOther Local Authority

Social Host Liability LawsSocial Host Liability Laws

Social Host (Criminal) LawsSocial Host (Criminal) Laws

What is Social Host Liability?What is Social Host Liability?

Social host liability refers to laws that hold Social host liability refers to laws that hold non-non-commercial individuals responsible for commercial individuals responsible for underage drinking events on property they underage drinking events on property they own, lease or otherwise control.own, lease or otherwise control.

What is Social Host Liability?What is Social Host Liability?

Hosts are prohibited from providing a Hosts are prohibited from providing a location location for underage drinking events.for underage drinking events.

Furnishing the alcohol is not a required Furnishing the alcohol is not a required element of the offense.element of the offense.

Types of Social Host LiabilityTypes of Social Host Liability

CriminalCriminal Civil/tort liabilityCivil/tort liability Civil/cost recoveryCivil/cost recovery

Type 1: Civil/Tort LiabilityType 1: Civil/Tort Liability

Laws and court opinions that allow third parties to Laws and court opinions that allow third parties to sue social hosts for damage caused by minors who sue social hosts for damage caused by minors who consumed alcohol on the host’s property.consumed alcohol on the host’s property.

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

Type 2: Criminal StatutesType 2: Criminal Statutes

Social host laws that impose Social host laws that impose criminal sanctions (fines or criminal sanctions (fines or imprisonment)imprisonment)

Criminal prosecution requires Criminal prosecution requires strong evidence of strong evidence of wrongdoing.wrongdoing.

20 states have enacted 20 states have enacted criminal social host laws. criminal social host laws.

Type 3:Civil/Cost RecoveryType 3:Civil/Cost Recovery

Treats underage drinking parties as a public Treats underage drinking parties as a public nuisance and threat to public safety.nuisance and threat to public safety.

Imposes an affirmative duty on home owners to Imposes an affirmative duty on home owners to prevent parties from occurring.prevent parties from occurring.

Type 3:Civil/Cost Recovery (cont.)Type 3:Civil/Cost Recovery (cont.)

Imposes civil fines for violations, including possible Imposes civil fines for violations, including possible reimbursement to local government for cost of law reimbursement to local government for cost of law enforcement and emergency services.enforcement and emergency services.

May include landowners, landlords, tenants, and hotel May include landowners, landlords, tenants, and hotel and motel operators.and motel operators.

Advantages of Civil/Cost Recovery LawsAdvantages of Civil/Cost Recovery Laws

Strict liability – no knowledge requirement.Strict liability – no knowledge requirement. Fines imposed administratively, not through criminal Fines imposed administratively, not through criminal

justice system.justice system. Quicker, more certain processQuicker, more certain process Greater likelihood that punishment will be imposed.Greater likelihood that punishment will be imposed.

Promotes shift in community/social norms.Promotes shift in community/social norms.