California grant program reduces alcohol-related crimes

FBI Law Enforcement Bulletin,The, Nov, 1998 by Jay Stroh

The IMPACT program also provides local law enforcement with an opportunity to learn more about the alcoholic beverage control laws they must enforce. Local communities endorse the IMPACT program because it improves the relationship between members of law enforcement and merchants, while diminishing the classically adversarial relationship often found between them. IMPACT ushered in a new, more positive level of communication between state officials, local law enforcement officers, and businesses to address issues surrounding alcohol abuse.

Minor Decoy Program

More than 50 percent of all ABC accusations filed against licensees in California are for alcohol sales to minors. In 1994, the California Supreme Court unanimously ruled that minor decoy operations, in which, under the supervision of police officers, minors enter licensed establishments attempting to buy alcoholic beverages, are acceptable in determining a licensee's compliance with the law.(8) In turn, the state adopted regulations to prevent claims of entrapment by licensees. These regulations require that decoys be under the age of 20 and look and act their age. Female decoys must wear clothes generally worn by their peers and must not wear makeup and jewelry to make them look older. Male decoys must not be overly large or have facial hair, such as beards or mustaches. If asked their age, they must tell the truth. If asked for identification (I.D.), they must show their own driver's license or identification card. If a decoy purchases an alcoholic beverage, the police officer and the decoy confront the seller within minutes of the sale and issue a citation to appear in state court.

In addition to these regulations, local law enforcement agencies send a letter to the establishment's owners and to the media prior to the decoy operation, notifying them of a pending decoy program. This informs the licensees to tighten up on their I.D. checks, educates the public about the problem of sales to minors, shows how the agency plans to operate the program, and denies licensees the opportunity to claim they did not know about the operation, thereby reducing their credibility in terms of excuses or claims of entrapment.

In many cities, the minor decoy program found that more than 30 percent of the licensees sold to minors during initial operations. Repeated use of the program decreased that amount to less than 10 percent in some cities.(9)

Special Operations Unit

ABC's Special Operations Unit (SOU) includes a team of 26 highly trained investigators assigned to assist department field offices and their investigators in focusing fast-track enforcement tactics on worst-case problem outlets. These outlets include disorderly and disruptive conduct on premises, stolen property clearing houses, drug dealing areas, and deliberate sales of alcoholic beverages to underage persons.

In addition, SOU investigators work with federal, state, and local law enforcement agencies throughout the state on criminal investigations. They also conduct high-profile operations for large events or festivals where alcohol-related disturbances tend to occur. Established in 1993 to more effectively and efficiently respond to the increasing number of problem premises, the SOU completed 384 investigations and made 570 arrests during the 1996-1997 fiscal year.