ABC Managers Meeting Introduction

Transcription

1 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.

2 ABC Managers Meeting SPRING/SUMMER 2015 April 8, 2015

3 Audience Today s focus is On Premises Beer, Wine and/or Mixed beverage license holders. Focused on you in an effort to share our perspective and seek your input.

4 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

5 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

6 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 focuses on the businesses that may not be complying with the law.

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

8 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. Inspections will be documented

9 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 (within 10 days of receipt) Any business will be given an opportunity to add notes/comments to file.

10 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 reasonable hours.

11 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.

12 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 Normally hand-delivered

13 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 Many ERTF reports are positive.

14 Review of Laws Under 18 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. Review of Laws - Employees No felons, other than kitchen staff Armed security requires DCJS certification

15 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 bars where we believe underage sales occur.

16 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 appropriately.

17 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) premises of your business.

18 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. Consequences are the same as selling to underage

19 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.)

20 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.

21 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. Improved customer service

22 Comply with ABC laws, rules and regulations Less chance of dealing with confrontation Making your business more appealing to larger spectrum of people Benefits of Preventing or Managing Intoxicated Customers

23 No licensee or employee shall consume alcoholic beverages while on duty. Employee and Licensee may receive $500 fine or 7 days suspension. Caution on choke holds Employee Consumption

24 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 person who makes the sale being charged criminally.

25 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 premises.

26 Underage/Intox/Interdicted 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 1 st offense License could be revoked Consequences

27 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, revocation, suspended license and fines.

28 When to call the PD 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 When to Call Police This list is by no means exclusive, call us when you need us.

29 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. Documenting Confrontational Need to follow up with police, with patron, with reports, Situations For Your Benefit and times, court.

30 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.

31 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

32 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 Ban period is set by you and your database monitors

33 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

34 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?

35 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 allow the sidewalks to become blocked.

36 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. City code (Class 3 Misdemeanor)

37 Overcrowding (Police Perspective) Overcrowding is a clear threat to public safety and a violation of the law. Fire Marshall advised

38 Other Stakeholders Fire Department Zoning City Attorney ABC

39 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 focused on Public Safety

40 What We Offer Fair and competent investigations of criminal activity Continued commitment to order maintenance Ready access to the right City staff member

41 Points of Contact Capt Squires1 st Pct (Municipal Ctr) Capt Adams 2 nd Pct (Oceanfront) Capt Hebert 3 rd Pct (Bayside TC) Capt Gallagher 4 th Pct (Kempsville)

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43 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.

44 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.

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46 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.

47 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 officer arrives.

48 Why not use the bike rack?

49 Issues Unique to the Resort area Pedestrians Taxis and Limos Do Not Tows Bicycles Sidewalk Encroachment Rope lines limit 3 feet Not your designated smoking area