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The Role of Data in Changing Alcohol Regulations in New Mexico

Adapted from:C:\Documents and Settings\james.roeber\My Documents\_DOH\Meetings\CSTE\2008\2008 CSTE Presentation, v 1.6.pptIncorporating elements from original…
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Adapted from:C:\Documents and Settings\james.roeber\My Documents\_DOH\Meetings\CSTE\2008\2008 CSTE Presentation, v 1.6.pptIncorporating elements from original presentation:C:\Documents and Settings\james.roeber\My Documents\_DOH\Meetings\CSG (2007)\2007 CSG Presentation, v 1.3 -- FINAL.pptThe Role of Data in Changing Alcohol Regulations in New MexicoGary Tomada, New Mexico Regulation and Licensing DepartmentOutline
  • Introduction: Alcohol Regulation 101
  • Role of alcohol regulation in preventing alcohol-related harm
  • History of the New Mexico Liquor Control Act (LCA)
  • The role of data in supporting recent alcohol regulatory changes in NM
  • Aftermath of recent regulatory change in NM
  • Alcohol Regulation and Prevention
  • Prevention experts agree:
  • Strengthening and enforcing alcohol sales and service regulations is an effective strategy for reducing alcohol-related harm.*
  • * World Health Organization, Institute of Medicine, CDC Community Guide, Join Together OnlinePrevention ModelLawsRegulationsEnforcementPublicity/MediaIncreased perception of risk of citation/penaltyReduced illegal sales and serviceReduced alcohol related harmAlcohol Regulation 101LawsRegulationsEnforcementPublicityIncreased perception of risk of citation/penaltyReduced illegal sales and serviceReduced alcohol related harmThe state Liquor Control Act:
  • Creates an agency to oversee the production and sale of alcoholic beverages
  • Establishes regulations that govern the manufacture, sale, and distribution of all legal alcoholic beverages
  • Source: http://www.ohiohistorycentral.org/entry.php?rec=1430NOTE: Minimize discussion of # and location of licenses
  • The state Liquor Control Act provides the foundation for regulation of:
  • The number and location of liquor licenses
  • The terms of liquor sales and service, including:
  • Definition of responsible sales and service
  • Penalties for irresponsible sales and service, e.g.,
  • Sales to minors
  • Sales to intoxicated persons
  • NM Liquor Control Act (Statute 60-6C-1)“The Director shall suspend or revoke the license…when he finds that any licensee…has sold, served or given any alcoholic beverage to a minor…or to an intoxicated person…on two separate occasionswithin any twelve month period.”Alcohol Regulation 101LawsRegulationsRegulationsEnforcementPublicityIncreased perception of risk of citation/penaltyReduced illegal sales and serviceReduced alcohol related harmLegislative branch crafts laws that define activities and entities subject to regulation
  • Administrative branch crafts regulations that define how these laws will be implemented
  • Source: http://www.fenris.org/index.php/2007/01/30/regulation-vs-legislation/NM Administrative Code (NMAC 15.10.61.8) “Schedule of Penalties:Violations involving sales to minors or intoxicated persons .Five or more offenses[within a twelve (12) month period] will result in…revocation of the liquor license.”Source: 15 NMAC 10 61 Citations - Fines and Penalties .docMilestones in the New Mexico Liquor Control Act’s regulation of sales and service:
  • 1960s: Liquor Control Act enacted
  • 1960s: Liquor Control Act sales and service
  • regulations enactedIn forty years, New Mexico never revoked a license under this “5 strikes” version of the sales and service regulation Prevention ModelLawsRegulationsEnforcementPublicityIncreased perception of risk of citation/penaltyReduced illegal sales and serviceReduced alcohol related harmPrevention ModelLawsRegulationsEnforcementPublicityEnforcementPublicityIncreased perception of risk of citation/penaltyIncreased perception of risk of citation/penaltyReduced illegal sales and serviceReduced illegal sales and serviceReduced alcohol related harmReduced alcohol related harmThe Role of Data in Supporting Regulatory Changein New MexicoThe Process of Change
  • 2004: Governor appointed DWI Czar
  • 2005: Task force convened to review state LCA, related regulations, and enforcement
  • The Process of Change
  • Liquor Control Task Force reviewed Liquor Control Act sales and service regulations
  • 28 members from three major groups
  • State agencies
  • Alcohol advocate community (e.g., MADD)
  • Alcohol industry (n=5)
  • Group met 12 times
  • Group reviewed LCA, regulations, and issues/evidence
  • Group made initial then final recommendations
  • The Process of Change
  • Liquor Control Task Force recommendations
  • “Three strikes” rule for license revocation
  • Including sales to intoxicated persons, not just minors
  • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale (existing regulation said within one hour of sale)
  • Employees at licensed premises cannot drink or be intoxicated on premises
  • The Process of Change
  • 2006: Public hearings held on regulatory rule change
  • Three public hearings
  • Pro/con testimony presented to hearing judge
  • Hearing judge ruled on testimony
  • Data and Change
  • Arguments in favor of proposed rule changes
  • Existing regulations are out of line with LCA statute
  • Data and Change
  • Arguments in favor of proposed rule changes
  • Existing regulations are out of line with LCA statute
  • A-R harm is a major public health issue in New Mexico
  • NM has among the highest alcohol-involved motor vehicle fatality rates in the U.S. Data and ChangeSource: NMDOTData and Change
  • Arguments in favor of proposed rule changes
  • Existing regulations are out of line with LCA statute
  • A-R harm is a major public health issue in New Mexico
  • Intoxication is associated with increased risk of A-R harm
  • 120 x 30 x 15 x 3 xData and ChangeBAC and Relative Risk of Crash** Relative to drivers at .00 BACIncreased Risk of HarmIncreased IntoxicationSource: Crash Risk of Alcohol Impaired Driving, Compton RP et alSOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.pptData and Change
  • Arguments in favor of proposed rule changes
  • Existing regulations are out of line with LCA statute
  • A-R harm is a major public health issue in New Mexico
  • Intoxication is associated with increased risk of A-R harm
  • Industry over-service is a major contributor to intoxication
  • Source: Journal of Studies on Alcohol/November 1996 (Metro Court, 1989-1994)Data and ChangeDrinking Locations Prior to DWI ArrestSOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.pptBar/Club5,912Other person’s home5,520* Past-month self-reported driving after drinking five or more drinksSource: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004)2004 BRFSS binge moduleData and Change Driving after binge drinking events (per month) by binge drinking location Driving after binge drinking events (per month) Driving after binge drinking SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt2004 BRFSS binge moduleData and Change Driving after binge drinking events (per month) by binge drinking locationBar/Club5,912One-third of these (n=2,002) reported drinking 10+ drinks before drivingOther person’s home5,520* Past-month self-reported driving after drinking five or more drinksSource: Behavioral Risk Factor Surveillance Survey, ERD, NMDOH (New Mexico, 2004)SOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.pptData and Change
  • Arguments in favor of proposed rule changes
  • Existing regulations are out of line with LCA statute
  • A-R harm is a major public health issue in New Mexico
  • Intoxication is associated with increased risk of A-R harm
  • Industry over-service is a major contributor to intoxication
  • New Mexico’s current penalties are weak and proposed penalties are not out of line with neighboring states
  • All our neighbors have “3 strikes” rules.None of our neighbors “reset the clock” each year.Data and ChangeNew Mexico Penalties Rank Last among NeighborsSOURCE: 07-05-2006 AGD Hearing -- as distributed to CDC, 08-2007.ppt; Arnold impersonator from www.stevebridges.com/photo_arnold.htmlData and Change
  • Additional evidence in favor of proposed rule changes
  • Testimony from families of victims of DWI (MADD)
  • Video about 21-year-old alcohol poisoning victim at New Mexico State University
  • “$300 bar tab…20 years old”http://video.google.com/videoplay?docid=-1425468111433196483&q=intoxicated+at+bar&total=57&start=0&num=10&so=0&type=search&plindex=0Data and Change
  • Additional evidence in favor of proposed rule changes
  • Testimony from families of victims of DWI
  • Video about 21-year-old alcohol poisoning victim at New Mexico State University
  • Video showing police enforcement in bars
  • Source: http://www.eroundlake.com/blog/archive/2006_01_01_archive.htmlData and Change
  • Arguments against proposed rule changes
  • Industry self-policing is effective
  • Rule change poses undue hardship to licensees
  • Threat to New Mexico economy: small businesses, corporate licensees, trade organizations
  • Personal responsibility argument
  • The Outcome
  • Hearing officer approved changes
  • “Three strikes” rule for license revocation
  • Including sales to intoxicated persons, not just minors
  • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale
  • Employees at licensed premises cannot drink or be intoxicated on premises
  • 90 minutesThe Outcome
  • Hearing officer approved changes
  • “Three strikes” rule for license revocation
  • Including sales to intoxicated persons, not just minors
  • Blood alcohol content (BAC) >= 0.14 within two hours of sale can be used as presumptive evidence of intoxication at time of sale
  • Employees at licensed premises cannot drink or be intoxicated on premises
  • 90 minutesAftermath of Regulatory Changein New MexicoThe Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdfThe Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Increased LCA enforcement
  • Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdfThe Outcomes of Change
  • Increased public awareness of sales to intox
  • Increased LCA enforcement
  • Source: NM PSD-SIDSource: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’The Outcomes of Change
  • Increased public awareness of sales to intox
  • Increased LCA enforcement
  • Source: NM PSD-SIDSource: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’The Outcomes of Change
  • Increased public awareness of sales to intox
  • Increased LCA enforcement
  • Source: NM PSD-SIDSource: 2005-2006-2007 Admin. Citation Log by COUNTY (from Sally Archuleta, 08-16-07)_w_JR_changes.xls, tab ‘Chart2’The Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Increased LCA enforcement
  • Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdfThe Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Increased LCA enforcement created test cases for license revocation
  • Source: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdfThe Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Increased LCA enforcement created test cases for license revocation
  • State Moves to Revoke Six Liquor Licenses in Gallup and FarmingtonSource: http://www.rld.state.nm.us/PublicInfo/2007/09-19-07%20Liquor%20Licenses%20Revokes%20PR.pdfThe Outcomes of Change
  • Increased public awareness of sales to intoxicated persons as an issue in NM
  • Increased LCA enforcement has created test cases for license revocation
  • Industry response
  • Industry-requested legislative hearings
  • New LCA task force convened
  • Outstanding Questions
  • Will the current hearing process yield revocation orders?
  • Will the New Mexico Supreme Court support revocations?
  • Will the 2006 regulatory changes be sustained?
  • Will licensee perception of risk increase, reducing illegal sales and service and alcohol-related harm in NM?
  • Outstanding Questions
  • Would weakening existing alcohol sales and service regulations be consistent with regulatory efforts to promote responsible beverage sales and service?
  • Thank YouAny Questions?
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