Orange CountyAlcohol-Related
Ordinances Discussion
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
Orange CountyUnderage DrinkingTask Force Report
Orange CountyUnderage DrinkingTask Force Report
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
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
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
Proposed Alcohol Related Regulations
Law enforcement interface
Criminal violation possible•Adult on premises
•Supplier of alcoholic beverages
Notice of violation authorized by ordinance
Criminal charges possible
Proposed Alcohol Related Regulations
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
Orange CountyAlcohol-Related
Ordinances Discussion
Orange CountyAlcohol-Related
Ordinances Discussion
Presentation to the Board of County CommissionersMay 19, 2009
Orange CountyAlcohol-Related
Ordinances Discussion
Orange CountyAlcohol-Related
Ordinances Discussion
Presentation to the Board of County CommissionersMay 19, 2009
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