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Learn more about California Responsible Beverage Service Training here.

ABCEnforcementLegalResearch.pdf

•  Purchase of alcohol by minors

• Attempted purchase of alcohol by minors

• Possession of alcohol by minors

• Consumption of alcohol by minors

• Use of false ID cards

• Furnishing alcohol to minors

• Furnishing alcohol to intoxicated individuals

• Responsible Beverage Service

• Keg registration

• False and misleading advertising

• Advertising that targets minors

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BY LOYCE LESTER AND CURTIS WILLIAMS

Jun 30th

“Don’t let the sparkle and smooth taste of wine deceive you. For in the end it bites like a poisonous serpent; it stings like a viper.”

That’s a saying from Proverbs. Yet Jesus turned water into wine when it ran out at a wedding. Wine is taken as a remembrance of our savior’s blood, yet too much wine is the downfall of kings.

Mountains of biblical scholarship, debating the meaning of Hebrew and Greek words, have been devoted to parsing the good book’s stance on alcohol. However, Americans have generally agreed that moderation is the key to healthy, moral living.

Our local regulations on alcohol reflect that view. Beer, wine and spirits may be only sold in licensed locations at appropriate hours, and drinking too much will land you in jail, particularly if you decide to get behind the wheel. These laws are the embodiment of our local values and serve to protect innocent citizens from the poor judgment caused by drunkenness.

These laws and our values are now under attack, besieged by corporate greed. Unfortunately, Michigan is on the front lines.

Major brewers and wineries as well as big-box retailers have filed a barrage of lawsuits against state and local governments that threaten to unravel the very alcohol regulations that keep our streets safe, keep our children healthy and protect our values. Without federal legislation clarifying the states’ legal authority to regulate alcohol sales (known as the Comprehensive Alcohol Regulatory Effectiveness Act, or CARE), profit-hungry corporate interests will inevitably overturn these laws and invite a new epidemic of alcoholism in America.

Michigan has been at the epicenter of this showdown between community values and the foreign-owned alcohol producers and giant retailers. A Supreme Court ruling, Granholm v. Heald, has been intentionally mischaracterized by producers and retailers as calling into question the states’ 21st Amendment right to regulate the sale and distribution of alcohol in favor of businesses’ right to engage in unrestricted interstate commerce.

Citing the Granholm decision, retailers, brewers and wineries have gone on the legal offensive, filing 26 separate lawsuits in an effort to overturn state and local laws regulating alcohol. As recently as 2008, a Florida-based retailer successfully sued the Michigan government and overturned more regulations regarding the distribution of alcohol. The judge in this case cited the Granholm decision.

The result of repealing these regulations is clear. Retailers and brewers will sell more alcohol at often cut-rate prices to more people, including minors.

The current laws establish a strict regime in which the state can effectively monitor alcohol sales, ensure that alcohol is safe, distributed to responsible retailers, restaurants and bars, and not sold to minors. These laws also establish an independent third party

- wholesalers – that block incentives from retailers and brewers to encourage binge drinking through deep discounts or even loss-leading practices.

Without these laws, alcohol will be sold just like bottled water.

Why wouldn’t we desire such an outcome? Retailers and brewers would make larger profits without being bothered by regulations. However, studies have shown that increasing the availability of alcohol encourages more irresponsible drinking, including underage drinking. Studies have also shown that the more outlets selling alcohol, the greater the number of alcohol-related violence and automobile accidents.

England provides the most frightening case study. After virtually eliminating alcohol regulations in 2005, alcohol became widely available at heavily discounted prices. Often, beer was priced below water in grocery stores. As a result, police have reported higher rates of alcohol-related violent behavior, underage drinking and binge drinking.

Our ministries put us in daily contact with the least fortunate in our communities, many of whom battle serious alcohol-related problems. We work tirelessly to provide a loving, caring, safe haven for people struggling with alcohol and drug addiction, helping them to understand that they are loved, that God forgives them, and that they can rebuild their lives. It is difficult to imagine that our court system would allow the profit motives of large corporations to grow the rolls of those afflicted by the terrible disease of alcoholism.

State governments are no match for the well-funded legal assault that is bent on alcohol deregulation. Federal legislation is essential. By clarifying the states’ 21st Amendment right to regulate alcohol, the CARE Act of 2010 would stop the legal onslaught that threatens to plunge many more Americans into alcoholism.

Our health, future and community values are dependent on this legislation.

The Rev. Dr. Loyce Lester is pastor of Original New Grace Baptist Church in Detroit. The Rev. Curtis Williams is pastor of Aijalon Baptist Church in Detroit.

Source: Detroit Free PressBY LOYCE LESTER AND CURTIS WILLIAMSJun 30th”Don’t let the sparkle and smooth taste of wine deceive you. For in the end it bites like a poisonous serpent; it stings like a viper.”That’s a saying from Proverbs. Yet Jesus turned water into wine when it ran out at a wedding. Wine is taken as a remembrance of our savior’s blood, yet too much wine is the downfall of kings.Mountains of biblical scholarship, debating the meaning of Hebrew and Greek words, have been devoted to parsing the good book’s stance on alcohol. However, Americans have generally agreed that moderation is the key to healthy, moral living.Our local regulations on alcohol reflect that view. Beer, wine and spirits may be only sold in licensed locations at appropriate hours, and drinking too much will land you in jail, particularly if you decide to get behind the wheel. These laws are the embodiment of our local values and serve to protect innocent citizens from the poor judgment caused by drunkenness.These laws and our values are now under attack, besieged by corporate greed. Unfortunately, Michigan is on the front lines.Major brewers and wineries as well as big-box retailers have filed a barrage of lawsuits against state and local governments that threaten to unravel the very alcohol regulations that keep our streets safe, keep our children healthy and protect our values. Without federal legislation clarifying the states’ legal authority to regulate alcohol sales (known as the Comprehensive Alcohol Regulatory Effectiveness Act, or CARE), profit-hungry corporate interests will inevitably overturn these laws and invite a new epidemic of alcoholism in America.Michigan has been at the epicenter of this showdown between community values and the foreign-owned alcohol producers and giant retailers. A Supreme Court ruling, Granholm v. Heald, has been intentionally mischaracterized by producers and retailers as calling into question the states’ 21st Amendment right to regulate the sale and distribution of alcohol in favor of businesses’ right to engage in unrestricted interstate commerce.Citing the Granholm decision, retailers, brewers and wineries have gone on the legal offensive, filing 26 separate lawsuits in an effort to overturn state and local laws regulating alcohol. As recently as 2008, a Florida-based retailer successfully sued the Michigan government and overturned more regulations regarding the distribution of alcohol. The judge in this case cited the Granholm decision.The result of repealing these regulations is clear. Retailers and brewers will sell more alcohol at often cut-rate prices to more people, including minors.The current laws establish a strict regime in which the state can effectively monitor alcohol sales, ensure that alcohol is safe, distributed to responsible retailers, restaurants and bars, and not sold to minors. These laws also establish an independent third party- wholesalers – that block incentives from retailers and brewers to encourage binge drinking through deep discounts or even loss-leading practices.Without these laws, alcohol will be sold just like bottled water.Why wouldn’t we desire such an outcome? Retailers and brewers would make larger profits without being bothered by regulations. However, studies have shown that increasing the availability of alcohol encourages more irresponsible drinking, including underage drinking. Studies have also shown that the more outlets selling alcohol, the greater the number of alcohol-related violence and automobile accidents.England provides the most frightening case study. After virtually eliminating alcohol regulations in 2005, alcohol became widely available at heavily discounted prices. Often, beer was priced below water in grocery stores. As a result, police have reported higher rates of alcohol-related violent behavior, underage drinking and binge drinking.Our ministries put us in daily contact with the least fortunate in our communities, many of whom battle serious alcohol-related problems. We work tirelessly to provide a loving, caring, safe haven for people struggling with alcohol and drug addiction, helping them to understand that they are loved, that God forgives them, and that they can rebuild their lives. It is difficult to imagine that our court system would allow the profit motives of large corporations to grow the rolls of those afflicted by the terrible disease of alcoholism.State governments are no match for the well-funded legal assault that is bent on alcohol deregulation. Federal legislation is essential. By clarifying the states’ 21st Amendment right to regulate alcohol, the CARE Act of 2010 would stop the legal onslaught that threatens to plunge many more Americans into alcoholism.Our health, future and community values are dependent on this legislation.The Rev. Dr. Loyce Lester is pastor of Original New Grace Baptist Church in Detroit. The Rev. Curtis Williams is pastor of Aijalon Baptist Church in Detroit.

Stay current, enroll in our frequently updated Responsible Alcohol Manager course

July 10th

Off-premise wine sales data increased 2.2 percent from the same period last year in the four weeks ending June 26 according to The Nielsen Company-tracked data. In the 13 weeks ending June 26, sales were up 3.1 percent.

Domestic wine sales increased 3.6 percent while imported wine sales declined 1.3 percent in the 4 weeks ending June 26. In the 13 weeks ending in the same period, domestic sales increased 4.8 percent while imported wine decreased 1.2 percent.

Most of the growth took place in the over $20 price segment, which increased 14.6 percent in the 4 weeks and 12.3 percent in the 13 weeks ending June 26. Segments showing modertate growth include the $9-11.99, $12-14.99 and $15-19.99 price points.

Wine sales in the $0-2.99 and $6-8.99 price points declined in June. In the 4 weeks ending June 26, wine sales fell 2.7 percent in the $0-2.99 price segment and fell 3.6 percent in the $6-8.99 category.

Source: WineBusiness.com  July 10th
Off-premise wine sales data increased 2.2 percent from the same period last year in the four weeks ending June 26 according to The Nielsen Company-tracked data. In the 13 weeks ending June 26, sales were up 3.1 percent.Domestic wine sales increased 3.6 percent while imported wine sales declined 1.3 percent in the 4 weeks ending June 26. In the 13 weeks ending in the same period, domestic sales increased 4.8 percent while imported wine decreased 1.2 percent.Most of the growth took place in the over $20 price segment, which increased 14.6 percent in the 4 weeks and 12.3 percent in the 13 weeks ending June 26. Segments showing modertate growth include the $9-11.99, $12-14.99 and $15-19.99 price points.Wine sales in the $0-2.99 and $6-8.99 price points declined in June. In the 4 weeks ending June 26, wine sales fell 2.7 percent in the $0-2.99 price segment and fell 3.6 percent in the $6-8.99 category.

Tuesday July 13, 2010

Alcoholism advocates are up in arms about proposed new USDA dietary guidelines for alcohol consumption that they say will redefine moderate drinking and encourage drinking at a risky level. Moreover, some critics of the proposed guidelines say there is no evidence that moderate drinking is beneficial in the first place.

The advocates are encouraging public comments on the proposed guidelines before the deadline this Thursday, July 15, 2010.

The controversy over the proposed guidelines lie within the differences with the current guidelines, published in 2005. The current guidelines recommend one drink per day for women and up to two drinks per day for men. The new guidelines defines moderate alcohol consumption as an average of up to one drink per day for women and up to two drink per day for men with no more than three drinks in any single day for women and no more than four drinks in any single day for men.

‘Serious Risk to the Public’

In other words, under the proposed guidelines, a man could drink up to four drinks at a sitting three times a week and still come under the definition of a moderate drinker.

The Marin Institute, an opponent of the proposed guidelines, said that level of drinking “poses serious risks to the general public” and is just short of recommending binge drinking.

Dr. Tim Naimi, of the Boston Medical Center and an opponent of the new guidelines, said “…the net effect of the proposed change amounts to an endorsement for most men to consume up to 4 drinks and for most women to consume up to 3 drinks on days they actually consume alcohol.”

“Although drinking 4 drinks for men and 3 drinks for women falls just short of thresholds that define ‘binge’ drinking and is not generally pathologic,” Naimi said in a Join Together commentary. “relaxing guidelines that might cause some to increase their drinking to these levels is neither safe nor desirable from a public health perspective.”

More Questions About Guidelines

The proposed guidelines are being questioned on three fronts:

* The Weekly Average – As explained above, the current recommendations of no more than one drink a day for women and two a day for men is a much safer level of alcohol consumption, the experts say.

* No Evidence ‘Moderate’ Drinking is Beneficial – There are no randomized controlled trials that show that moderate drinking provides any health benefits, but there are studies that point to many health risk associated with even moderate drinking.

* Misuse of Public Health Recommendations – Opponents say the alcohol industry has a long history of exploiting dietary guidelines for their benefit and the new recommendations would be a huge gift to their marketing efforts.

The public can submit written comments online about the proposed guidelines before 5:00 pm EDT on July 15, 2010. Use the links below to read the complete guidelines and the objections to them.

Source: About.comTuesday July 13, 2010Alcoholism advocates are up in arms about proposed new USDA dietary guidelines for alcohol consumption that they say will redefine moderate drinking and encourage drinking at a risky level. Moreover, some critics of the proposed guidelines say there is no evidence that moderate drinking is beneficial in the first place.

The advocates are encouraging public comments on the proposed guidelines before the deadline this Thursday, July 15, 2010.  The controversy over the proposed guidelines lie within the differences with the current guidelines, published in 2005. The current guidelines recommend one drink per day for women and up to two drinks per day for men. The new guidelines defines moderate alcohol consumption as an average of up to one drink per day for women and up to two drink per day for men with no more than three drinks in any single day for women and no more than four drinks in any single day for men.

‘Serious Risk to the Public’ In other words, under the proposed guidelines, a man could drink up to four drinks at a sitting three times a week and still come under the definition of a moderate drinker.The Marin Institute, an opponent of the proposed guidelines, said that level of drinking “poses serious risks to the general public” and is just short of recommending binge drinking.

Dr. Tim Naimi, of the Boston Medical Center and an opponent of the new guidelines, said “…the net effect of the proposed change amounts to an endorsement for most men to consume up to 4 drinks and for most women to consume up to 3 drinks on days they actually consume alcohol.”"Although drinking 4 drinks for men and 3 drinks for women falls just short of thresholds that define ‘binge’ drinking and is not generally pathologic,” Naimi said in a Join Together commentary. “relaxing guidelines that might cause some to increase their drinking to these levels is neither safe nor desirable from a public health perspective.”More Questions About GuidelinesThe proposed guidelines are being questioned on three fronts:

• The Weekly Average – As explained above, the current recommendations of no more than one drink a day for women and two a day for men is a much safer level of alcohol consumption, the experts say.
• No Evidence ‘Moderate’ Drinking is Beneficial – There are no randomized controlled trials that show that moderate drinking provides any health benefits, but there are studies that point to many health risk associated with even moderate drinking.
• Misuse of Public Health Recommendations – Opponents say the alcohol industry has a long history of exploiting dietary guidelines for their benefit and the new recommendations would be a huge gift to their marketing efforts.The public can submit written comments online about the proposed guidelines before 5:00 pm EDT on July 15, 2010. Use the links below to read the complete guidelines and the objections to them.

Jul 14th

Seattle Mayor Mike McGinn says allowing bars and clubs to serve liquor past 2 a.m. could reduce violence at night.

Some Seattle bars could soon be allowed to serve liquor later than 2 o’clock in the morning. A staggered “last call” for alcohol is part of Mayor Mike McGinn’s proposed nightlife initiative.

The plan aims to make the city safer and give nighttime businesses a boost.

The mayor rolled out his proposal at the Century Ballroom in Seattle’s Capitol Hill neighborhood. He says communities like Capitol Hill can get rowdy when its dozens of bars and clubs close.

“The pushout is at 2 a.m.,” he says. “And what happens is, people patronizing bars and restaurants are asked to leave and it can overwhelm the resources of the city to deal with it and create noise and civil disturbance problems.”

He says if bars were allowed to serve liquor later, it might stop people from flooding out at the same time and causing trouble. It could also mean a better night’s sleep for residents and more sales for bars.

But the plan needs buy in from the state liquor control board.

McGinn acknowledges that flexible hours alone won’t be enough to control mobs of partiers.

He’s also calling for new noise ordinance rules, more late night transit options and increased police authority. It could become easier for officers to issue tickets for disorderly conduct.

McGinn will take public input on the proposal until mid-September.

Source: KPLUJul 14thSeattle Mayor Mike McGinn says allowing bars and clubs to serve liquor past 2 a.m. could reduce violence at night.Some Seattle bars could soon be allowed to serve liquor later than 2 o’clock in the morning. A staggered “last call” for alcohol is part of Mayor Mike McGinn’s proposed nightlife initiative.The plan aims to make the city safer and give nighttime businesses a boost.The mayor rolled out his proposal at the Century Ballroom in Seattle’s Capitol Hill neighborhood. He says communities like Capitol Hill can get rowdy when its dozens of bars and clubs close.”The pushout is at 2 a.m.,” he says. “And what happens is, people patronizing bars and restaurants are asked to leave and it can overwhelm the resources of the city to deal with it and create noise and civil disturbance problems.”He says if bars were allowed to serve liquor later, it might stop people from flooding out at the same time and causing trouble. It could also mean a better night’s sleep for residents and more sales for bars.But the plan needs buy in from the state liquor control board.McGinn acknowledges that flexible hours alone won’t be enough to control mobs of partiers.He’s also calling for new noise ordinance rules, more late night transit options and increased police authority. It could become easier for officers to issue tickets for disorderly conduct.McGinn will take public input on the proposal until mid-September.

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Jul 13th

Police say a University of Idaho senior died of respiratory arrest, apparently due to alcohol poisoning after a night of drinking to celebrate his 21st birthday.

Emergency personnel responded to a report of an unconscious man at Sigma Nu fraternity at 2:42 a.m. Tuesday. They located Benjamin Harris of Burley on the third floor and began CPR. He was pronounced dead on arrival at Gritman Medical Center.

Assistant Police Chief David Duke says Harris may have had as many as 15 shots in two-and-a-half hours as he celebrated his birthday Monday night.

A preliminary investigation indicated Harris died of respiratory arrest caused by alcohol poisoning. The cause of death will be determined by the medical examiner after review of the toxicology reports.

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A: No state laws addressing this; some municipalities (towns, villages, cities) may have local ordinances. Municipalities may enact ordinances not in conflict with state law; since state law is silent, some municipalities may have enacted ordinances – please have client check with municipal clerk/police in which they are licensed

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