ABC Managers Meeting Introduction

ABC Managers Meeting Introduction

On April 8 the Virginia Beach Police Department (VBPD) hosted a public forum designed to enhance cooperation with and amongst members of the restaurant industry. Held at the Law Enforcement Training Academy, this forum, dubbed the “Pre-Season Manager’s Meeting”, is one of many facets in our sustained commitment to supporting a safe, vibrant and enjoyable environment where the hospitality industry can thrive. This annual event helps open lines of communication between

enforcement agencies and the business community. This educational forum has grown over the years due to the focus on shared interests and opportunities for partnership between the various

stakeholders in the restaurant and nightlife industry.

Members of the VBPD extended personal invitations to business owners, managers and their staff from all ABC establishments throughout the City. Joined by members from various City agencies and Virginia Alcohol Beverage Control Board personnel, the speakers provided informative insight and operational feedback unique to their area of expertise. The interested stakeholders were offered a review of the applicable laws, regulations and industry best practices. Topics of discussion ranged from strategies to reduce the risks associated with violent patrons to suggestions on what an owner/operator can expect during a routine business inspection. Moreover, all participants were given an opportunity to personally meet with any of the agency representatives to further discuss matters of mutual interest.

The VBPD strongly supports this ongoing effort as being crucial to our long term goal of reducing the community’s risk and enhancing a shared sense of responsibility for a safe community with the nightlife businesses. We believed everyone benefited from this training and look forward to another great season.

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ABC Managers

Meeting

SPRING/SUMMER 2015 April 8, 2015

Audience



Today’s focus is “On Premises” Beer,

Wine and/or Mixed beverage license

holders.



Focused on you in an effort to share

Agenda

 ABC versus VBPD

 Review of Applicable Laws  ERTF

 Solicitation for input and dialogue  What we expect of you

 What are your expectations of us?  Points of Contact and Introductions

VBPD Law Enforcement

 Enforcing criminal laws  Maintaining order

 Larger purpose…improving the quality of life for all

citizens.

 Employing a community policing philosophy.

 All stakeholders, including your expectations  Share information

ABC Bureau

 Enforces the alcoholic beverage control laws and regulations in the

Commonwealth.

 Approximately 130 sworn police officers

 Basic police academy

 Continuous professional in-service training

 Statewide authority for arrest of ABC violations as well as any

other Virginia criminal law violation.

 Pursue ABC violations through an administrative law process that

ABC Inspections

 ABC Special Agents can inspect your business at any

time

 Virginia Administrative Code (VAC) requires licensees

to comply with the regulations. A good reference … Retail Licensee Guide: A Summary of ABC Laws and Regulations.

 www.ABC.Virginia.gov under Licensee Resources and

then ABC Agent Resources you will find a section that shows you how to prepare for an annual inspection.

VBPD ERTF Inspections

 Cover only the areas open to the public.

 Gives your staff a chance to meet and interact with our

officers.

 Inspecting officers will be happy to discuss the

inspection with a manager immediately after it is complete.

More on Inspections

 Focus on observable criminal violations and issues

affecting public safety.

 Disputes about results of inspection (or follow up

reports) can be submitted in writing to

[email protected] (within 10 days of receipt)

 Any business will be given an opportunity to add

Authority to Inspect

§§4.1of the Code of Virginia

A. … permit ready access and reasonable observation by law-enforcement officers and by special agents of the board. The interior lighting shall be sufficient to permit ready discernment of the appearance and conduct of patrons in all portions of such areas.

C. … law-enforcement officers in the performance of their official duties shall be allowed free access … during

Authority to Inspect

 D. …threats, force or intimidation impedes or obstructs

any special agent or other law-enforcement officer in the performance of his official duties …

 E. … the term "reasonable hours" shall be deemed to

include all business hours of operation and any other time at which there exists any indication of activity upon the licensed premises.

Follow Up Reports

 When we link a criminal event to behavior that occurred in your

bar, you will receive a follow up report (ERTF).

 Intoxicated persons, fights, DUIs, false IDs, underage….

 This report will provide you with information that will help you

measure and monitor:

 The scope/severity of criminal events that affect your staff and

patrons

 The staff members/patrons who were involved

More on Follow Up Reports



To the extent possible, investigations that result

in follow up reports should reflect:

 If we assess that staff did the right thing  If staff made an error

 If the patron was a victim, or offender  If the patron was visibly intoxicated

Review of Laws - Employees

 Can sell off-premises as long as on-duty ABC manager is on the premise.

 Staff such as busboys, cooks, and kitchen help, can be of any legal working

age.

 18 and over

 Can work as waiter or waitress in a mixed beverage establishment.

 May act in the capacity of a bartender in an establishment that sells beer only.

 21 and over

 Can be a bartender and ABC Manager.

 No felons, other than kitchen staff

 Armed security requires DCJS certification

Review of Laws - Underage Sales

 No sales are permitted to persons less than 21 years of

age.

 A person less than 21 years of age may not possess or

consume alcoholic beverages on a licensed premises.

 We have and will continue to conduct investigations in

Preventing Intoxicated Customers

 Your responsibility to make sure that no one is allowed to

become intoxicated on the licensed premises.

 Ensure that anyone who enters an establishment in an

intoxicated condition cannot purchase or consume alcoholic beverages.

 If they come in intoxicated, your staff should react

Sales to Intoxicated Person(s)

 Do not sell or serve alcoholic beverages to intoxicated

persons

 Do not allow an intoxicated person to consume or

possess alcoholic beverages on the premises of your business.

 Do not allow an intoxicated person to loiter on the

Sales to Intoxicated Person(s)

 Can result in criminal prosecution and administrative penalties.

 Licensees and their employees must constantly assess the level of alcohol consumption by patrons. Signs of

intoxication must be taken seriously and sale to intoxicated people refused.

Appropriate Reaction

 When your staff discovers a person who is too

intoxicated to serve (already inside or trying to gain entry) but otherwise is well behaved and cooperative, you can not legally serve them alcohol. We urge you to not simply eject them.

 Offer them a non alcoholic beverage and assist them in

developing a safe plan for returning home (taxi, staff member assist etc.)

If that does not work

 If the intoxicated patron resists these efforts or

becomes otherwise uncooperative… call the Police

 Allowing a grossly intoxicated person to wander the

streets while failing to call the police and seek our assistance ignores the risks inherent to the citizens safety.

Staff Training

 ABC provides training on the best practices for

managing uncooperative patrons.

 Rule of Thumb: If your staff perceives the need to lay

hands on, a criminal event is likely taking place, or is about to… the Police should be called.

Benefits of Preventing or Managing

Intoxicated Customers

 Comply with ABC laws, rules and regulations  Less chance of dealing with confrontation

 Making your business more appealing to larger

Employee Consumption

beverages while on duty.

 Employee and Licensee may receive $500 fine or 7 days

suspension.

Time of Alcohol Sales

 Restricted hours

 Off premises sale of alcohol…midnight to 6:00 am.  On premises consumption… 2:00 am to 6:00 am.

 Alcohol sales during these restricted hours can result in the

Time of Alcohol Sales

 No consumption can occur at a licensed retail

establishment after 2:00 am, private party or not.

 ABC regulations allow law enforcement officers in the

performance of duties to enter an ABC establishment any time their is evidence of activity upon those

Consequences

 Underage/Interdicted Person

 Criminal Act - Class 1 misdemeanor

 Can face up to $2,500 fine and/or one year in jail.  Employee

 Criminal Act - Class 1 misdemeanor

 Can face up to $2,500 fine and/or one year in jail.  Licensee

 Can be fined up to $2,000 or 25 days suspended for 1st offense  License could be revoked

Penalties from ABC Board

 Licensee can be charged with the ABC violation in

addition to the criminal charge.

 Civil penalties or suspensions are assessed by the ABC

hearings officer on behalf of the ABC Board.

 Administrative penalties can range from probation,

When to Call Police

 Patron assaults staff or patrons

 Customer presents a questionable ID  Customer has an accident or is victim  Staff forcibly ejects

 Fraud / Counterfeit bills

 Patron is too intoxicated to make a safe plan

 This list is by no means exclusive, call us when you need us.

Documenting Confrontational

Situations For Your Benefit

 Video

 Keep an incident log or incident documentation form

handy

 What staff assisted us in the investigation.

 We assist in gathering information to ban problem patron.  Need to follow up with police, with patron, with reports,

Follow-up for your Benefit

 Whenever you contact the police about an incident

involving an intoxicated or underage patron (criminal event) in (or associated with) your establishment,

contact your ABC Agent and feel free to set an

appointment with a Precinct representative if you have concerns.

Trespass Ban Letters



No longer issued or supported by VBPD

Banning from your business is your matter

We will assist in identifying if you request

Consider handheld ID scanner

Handheld ID scanners

 Help control underage issues  Help ID false IDs

 Make monitoring and controlling unwanted

customers much easier

 Various types available

 Dedicated  iOS

 Android

Noise

 Complaints from citizens and businesses

 Amplified noise above certain levels prohibited

 Restaurants 75 dB(A) after 2300 (City Code 23-72)

 Residential (includes hotels) 55dB(A) after 2200

 Calibrated sound meter used  Phone apps can help you

Your inputs…



We are eager to hear from you regarding the

way links can/should be established between

intoxicated criminals and the establishment (s)

that (over) served them.



What should be the standard of conduct?

How to weigh various offenses?

Sidewalk Encroachment

 We suggest that patrons in the rope line should be

treated by your staff as patrons.

 Rude and offensive (but not illegal) behavior in the rope

lines is a business/policy matter and they may be ejected or banned based on your assessment.

 We will enforce your ban or ejection if necessary.  These patrons are a reflection on your business.

 We support commerce and want to help but we can not

Sidewalks



Littering and cigarette butts!!

 Owner or occupant shall maintain the sidewalks

and curbs up to the edge of the pavement… in a clean and litter-free condition.

Overcrowding (Police

Perspective)

 Overcrowding is a clear threat to public safety and a

violation of the law.

Other Stakeholders



Fire Department



Zoning



City Attorney

What We Expect

 Safe and robust nightlife community

 Cooperation in the pursuit of prosecuting those who

assault, injure, or threaten your staff or patrons.

 Dialogue on & design of best management practices

What We Offer

 Fair and competent investigations of criminal activity  Continued commitment to order maintenance

Points of Contact

 Capt Squires1st Pct 385-4377 (Municipal Ctr)  Capt Adams 2nd Pct 385-2700 (Oceanfront)  Capt Hebert 3rd Pct 385-2703 (Bayside TC)  Capt Gallagher 4th Pct 385-2800 (Kempsville)  _{www.VBgov.com/dept/police/ertf/}

Pedestrians

 We will look for the assistance of your staff in helping

patrons use the cross walks so that there is less likelihood of injury or death. We will also be open to suggestions on how to lower the risk posed by pedestrians in the roadway.

 We will be observant for instances of overcrowding and we will follow up appropriately.

 Raw Numbers/Loading

 Ease (lack thereof) in passage to fire exits.  Fire exits need to be clear and visible.

Taxis and Limos

 We encourage Taxis, Limos and other alternatives to DUI  Several Taxi stands designated by signs.

 Taxis and Limos not allowed to load/off load on Atlantic Ave.

 We request your assistance in conditioning patrons to find a taxi in the 200 blocks.

Bicycles

 We support improving the ease of use for patrons that ride bicycles to the resort area.

 We look to you for any ideas on how to manage the haphazard parking of bicycles.

Do Not Tows

 Applies only to city parking lots

 For the 2013 season over 289 drivers used the program, 437 annually  That is 437 fewer DUIs

 We are vigilant for abuse

 We are open to your thoughts on a threshold

 Patrons requesting DNT need only wait by their car (with taxi) until

Issues Unique to the Resort area



Pedestrians



Taxis and Limos

Do Not Tows



Bicycles

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Sidewalk Encroachment

 Rope lines limit 3 feet