Orange County Alcohol-Related Ordinances Discussion Orange County Alcohol-Related Ordinances Discussion Presentation to the Board of County Commissioners

Orange CountyAlcohol-Related

Ordinances Discussion



Presentation to the Board of County CommissionersMay 19, 2009

Presentation Outline

Underage Drinking Task Force Background

Scope of the Problem Enforcement Subcommittee

Recommendations Alcohol Beverage Regulations Summary

Underage Drinking Task Force

Mayor Crotty and President Hitt created Orange County Underage Drinking Task Force 2008• Two underage alcohol related deaths • Address the magnitude of underage & high-risk

drinking• Educate and engage community stakeholders• Provide viable solutions that reduce and prevent

harms related to underage drinking

25 Member Task Force met for seven months• Healthcare• Law Enforcement• Education• Higher Education• Parents

• Community Agencies

• Retailers

• Neighborhood Assoc

• Students Orange CountyUnderage DrinkingTask Force Report

Orange CountyUnderage DrinkingTask Force Report

Underage Drinking Task Force Four Subcommittees

• Alcohol Education & Prevention• Access to Alcohol• Enforcement• Retailer Responsibility

Task Force Goals• Reduce Underage Alcohol Demand• Reduce Underage Alcohol Access• Data Management• Implementation Plan



Presentation Outline

Underage Drinking Task Force Underage Drinking Task Force BackgroundBackground

Scope of the Problem Enforcement Subcommittee Enforcement Subcommittee

RecommendationRecommendation Underage Drinking Ordinances Underage Drinking Ordinances SummarySummary

Underage Drinking: The Scope of the Problem

Alcohol is the most widely abused drug by teens and young adults

Underage alcohol use linked to poor academic performance

Underage alcohol use linked to injuries, sexual assault and fatalities

Alcohol is relatively easy to obtain by teens and young underage adults

Underage Drinking: The Scope of the Problem

Florida has higher rates of youth alcohol use than the national average

More than 48% of seniors have used alcohol in the past 30 days

Cost of underage drinking in Florida was $3.1B or $167.00 per resident

• 48% of total underage drinking costs were attributable to alcohol-related violent crimes

• Underage drinking traffic crashes total $642M

Source: Economic Costs of Underage Drinking in Florida, Univ. of Miami

Orange County Youth Substance Abuse Survey (Past 30-Day Alcohol Use)

2000-2008

20.6%

16.7% 15.9%15.5%

17.2%

41.7%

34.9% 35.2%

38.4%35.3%

0

5

10

15

20

25

30

35

40

45

2000 2002 2004 2006 2008

Middle School

High School

Young Adult Underage Drinking

63% of freshmen and sophomore college students report drinking in past 30 days

38% of college students (18-24) report heavy and binge drinking

31% of incoming freshman surveyed in Orange County reported drinking alcohol at a bar or nightclub compared to 10% nationally

College students report alcohol is easy to obtain• Bars primarily staffed by other college students to

check ID’s, waitress, or bartend • Parents, older family members, friends provide

alcohol

Young Adult Underage Drinking PRC Community Health Survey 2009

• 49% of 18-24 Men report binge drinking in East Central Florida

• 17.7% of 18-24 Men report to have driven during the past month after having too much to drink

• Perceived typical age at which children begin drinking alcoholBetween the ages of 12yr – 16 yr: 77%Between the ages of 17yr – 19yr/over: 23%

48% of college students reported their first alcohol use between 14-16 yrs. old

29% of Orange County High School students reported using alcohol at age 13 or younger

High-Risk Drink Promotions(East Orange County)

Free Drinks All Night to Everyone

Ladies Drink FREE til 12 Guys $1 Drinks till 12

Power Hour Wednesday! 60

Songs, 60Shots, 60 Minutes

Free Drinks, Shots and Drafts till 12

Bombs Away Friday. $2 Jaeger Bombs $1 Drafts

till 12

Slammin Saturdays! $1 Cover before 11. $1 Drafts, $2 Wells,

$3 Bombs

Wasted Wednesday!

FREE Wells till 12. FREE Drafts

all Night

All You Can Drink Sundays! FREE Wells and Drafts

State Alcoholic Beverages Arrests for Sale and Possession

State Attorney’s Cases

Arrests for Possession – 350

Arrest for Sales - 136

State Administrative Penalty Guidelines

Owner violation of selling or serving alcohol to underage persons• 1st Occurrence - $1,000.00 fine & 7 day suspension • 2nd Occurrence - $3,000.00 fine & 30 day

suspension • 3rd Occurrence – Revocation

Adjudication of Orange County Cases• State did not follow guideline stipulation 68% of the

time

15 cities and counties in Florida have enacted ordinances pertaining to underage drinking policy

Open House Parties

31 Open House Party Cases with State Attorney’s Office (2008)

Case Narrative• Recurring noise complaint• Beer and liquor bottles in plain sight; 15

persons identified and 7 were under eighteen years of age possession of alcohol (all acknowledged consuming alcohol)

• Defendant - 19 year old was unconscious and was transported 9-1-1

Top 7 Counties in Florida for DUI Crashes, Injuries & Fatalities

Under Age 18 18-21 Yrs 22-24 Yrs Over 24 Yrs

2006 9 586 565 2141

2007 14 494 459 1802

2008 14 415 368 1868

County Population

DUI Related Crashes

DUI Crashes Per Capita (1,000)

DUI Related Injury Crashes

DUI Injury Crashed Related Per Capita (1,000)

DUI Fatality Crashes

DUI Fatal Crashes Per Capita (1,000)

Broward 1,765,707 1,597 0.90 1,119 0.63 90 0.05

Duval 897,597 1,368 1.52 854 0.95 78 0.09

Hillsborough

1,192,861 1,925 1.61 1,414 1.019 87 0.07

Miami-Dade 2,462,292 1,881 0.76 1,238 0.50 94 0.04

Orange 1,105,603 1,352 1.22 870 0.79 76 0.07

Palm Beach 1,295,033 1,311 1.01 1,024 0.79 73 0.06

Pinellas 944,199 1,443 1.53 948 1.00 40 0.04

Orange County DUI Arrests by Age

DUI Arrests

1,039

476

123

173FHP- 726

Emergency Department Alcohol-Related Data (Under

21)

9 Month Period (2008)

2,000 Emergency Department Alcohol-Related Visits (under 21 years of age)

Cost: $14M ($1.4 reimbursable)

FY2008-2009

Average 250 cases per month

Average cost $1.4M per month in charges

Alcohol-Related Deaths(Under 21 years of age)

60 Underage Alcohol–Related Deaths

Enforcement Focus Areas

• Vendor Compliance Checks • House Parties • Responsible Vendor Training• Local Ordinances

Recommendations: Increase number of coordinated, multi-agency, vendor

compliance check details

Develop local ordinances related to “breach of peace” violations and repeated underage alcohol sales and service

Conduct compliance checks to ensure operators of “party buses” comply with state and local laws

Draft proposed county ordinance that limits hours of operation for vendors who repeatedly are in violation of selling alcohol to underage

Alcoholic Beverage Regulations

Regulations largely preempted to state

Licensing vendors and regulating sales—state law

A few narrow areas reserved to local governments

Proposed Alcohol-Related Regulations

Sale of Alcohol to Underage Persons (licensed

retailers)

County can regulate location and hours of operation

County regulations can tie violation of sales to underage persons to sanction limiting sales after certain hour• Winter Park ordinance allows sale of alcoholic

beverages after 11:00 p.m. by permit only• Violations allow for suspension or revocation

of permits• Hearing by City Commission

Proposed Ordinance

Ordinance treats certain hours of sale as a privilege granted by permit only

Can apply to package or on-site consumption sales

Sanctions

Suspension of right to sell and serve after certain hours• Code Enforcement• Criminal Violation

Proposed Ordinance Could:

Specify that if a certain number of unlawful sales to underage persons occurs:

• During, for example, a three month period, permit to sell alcoholic beverages after 11:00 p.m. is suspended for a specified time period

Proposed Ordinance Example

If ordinance provides that:• Three illegal sales occur• During a three month period• Then permit to sell any alcoholic

beverages is suspended• For up to three months

BCC can select appropriate numbers

Proposed Ordinance Public Hearing

Board will need to suspend permit for violation of ordinance

Board can conduct hearing on facts of violation, or

Board could appoint an independent hearing officer to conduct hearing and make recommendation to Board

Board reviews record and recommendation and sustains, modifies or reduces sanctions

Proposed Alcohol Related Regulations

A second component of the regulations could entail regulating illegal house parties where:

Underage party-goers have access to and consume alcoholic beverages


Law enforcement interface

Criminal violation possible•Adult on premises

•Supplier of alcoholic beverages

Notice of violation authorized by ordinance

Criminal charges possible


Illegal Open House Parties Notice of violation served upon

occupant of home Notice of violation served on owner

of house if different (multiple violations)

Nuisance or code enforcement efforts

Injunction or criminal charges

Summary

Recommended Action:

Provide direction to staff to bring back ordinance relating to illegal sale or serving of alcoholic beverages to underage persons at businesses offering purchase or on-site consumption of alcoholic beverages or at home parties











Winter Park Alcohol-Related Ordinances

City of Winter Park Approved Ordinances Relating to Alcoholic Licenses• Extended Hours Of Permit to sell alcohol

past 11:00 pm• Three violations within three month period

for selling alcoholic beverages to underage youth

• Suspension of Extended Hours of Permit (Up to 30 days)

Winter Park Alcohol-Related Ordinances

Illegal Open House Party Ordinance• Owner’s and landlords held responsible for

illegal open house parties – underage alcohol consumption or use of illegal controlled substances

• First Violation – Written Notice• Second Violation - $1,000 Fine • Third Violation - $2,000 Fine

Documents

Orange County Alcohol-Related Ordinances Discussion Orange County Alcohol-Related Ordinances Discussion Presentation to the Board of County Commissioners