How One County Curbs Alcohol Sales to Underage Youth

Strategies that help to limit youth access to alcohol are among the most effective underage drinking prevention approaches. Such strategies, known as environmental interventions, include the consistent and fair enforcement of laws and regulations regarding the minimum legal drinking age for youth. These laws pertain to youth who drink or attempt to purchase alcohol, to merchants who sell to youth, and to people who provide alcohol to underage youth.

Montgomery Country (MC), MD, has effectively employed an environmental approach that uses compliance checks, among other measures, to ensure that every venue in the county that sells alcohol adheres to both State law and alcohol beverage control (ABC) regulations. Many of the county’s policies and practices mirror recommendations in The Surgeon General’s Call to Action To Prevent and Reduce Underage Drinking (SGCTA) (PDF 1.41MB).

MC combines a strong commitment to ABC compliance, vigorous enforcement of State laws, and its unique status as a “control county.” After the repeal of Prohibition, the Federal Government gave States the option to control alcohol sales, through State ownership of liquor stores, licensing to the private sector, or a combination. Eighteen said yes and became known as “control states.”

Maryland gave each county the right to decide. MC chose to control sales of alcohol and now is the wholesaler of all liquor in the county; owns the county ABC stores; and shares the retail segment with approximately 950 license holders, consisting of restaurants, delicatessens, country clubs, lodges, grocery stores, and carryouts.

Through its system of compliance checks and uniform enforcement, MC has increased the compliance rate—a positive sign for underage drinking prevention. The county’s innovative variety of programs and partnerships offer a wealth of ideas that other communities can adapt.

The MC Department of Liquor Control’s Division of Licensure, Regulation and Education (LRE) has spearheaded county efforts, which embody many of the environmental strategies and actions recommended in SGCTA. For instance, the Surgeon General proposes consistent and uniform enforcement of existing laws that reduce underage access to alcohol, a practice MC has established. The county also restricts availability of alcohol, as SGCTA recommends, at its 23 ABC stores that close for business at 9 or 10 p.m., whereas other jurisdictions leave the doors open until 1 or 2 a.m. ABC stores in MC are also closed on Sundays.

“Montgomery County has a real advantage due to our ability to control some of the built-in environmental prevention factors, such as earlier closing times, and consistent training for staff in 23 establishments. As a result, we have fewer sales to minors and fewer issues than we might have with private-sector stores,” said Kathie Durbin, LRE Chief.

States and communities that do not have that degree of control still have options. The end of the Town Hall Meeting (THM) can be the beginning of renewed efforts to work together with businesses, law enforcement, and the liquor board and other appropriate government departments to bring about policy and regulatory changes. Focusing on limiting the availability of alcohol and ensuring that stores and establishments comply with laws against selling alcohol to minors is a critical environmental strategy that has proven effective in preventing and reducing underage drinking.

Montgomery County’s model of ABC compliance focuses on:

• Partnerships for fair and consistent enforcement and consequences.
• Ongoing compliance checks and a “mystery shopper” program.
• Free training of county personnel who sell or serve alcohol.
• Outreach to the community to educate and involve citizens in solutions.

Getting Everyone on the Same Page
Three and a half years ago, MC revamped its system for controlling alcohol sales and distribution by combining the resources of law enforcement (the police force), the liquor board (as the judiciary arm), and the licensing board. The new LRE, within the Department of Liquor Control (DLC), was charged with ensuring a comprehensive, fair, and consistent system of compliance checks, in tandem with training and community outreach programs to support enforcement efforts.

Previously, law enforcement had done half of the compliance checks, while the licensing board conducted the other half. The result was inconsistent and often unfair citations. Whereas law enforcement might cite only the server, underage drinker, or purchaser of alcohol for a minor and send him or her to court, with no consequences to the establishment, the licensing board might cite or penalize only the licensee, with no consequences to the server, underage drinker, or person buying alcohol for the youth. Penalties to licensees who violate regulations are fines, probation, or revocation of license.

The new system is working. LRE is in the midst of its second round of compliance checks, conducted by a police officer, an inspector, and an under-21 undercover buyer, since the reorganization. On the basis of progress to date, compliance is well on the way to increasing from 76 percent to 85 percent. MC attributes the increase to its unified efforts and consistency of its monitoring system, strategies other community-based organizations (CBOs) can adopt by forging partnerships among police and inspectors. This is an excellent next step for many of the THMs held during the spring.

An innovative “mystery shopper” program was recently initiated in MC under the direction of Kathie Durbin. Establishments are randomly selected for visits by an inspector, a police officer, and a 21-year-old with a very youthful appearance. The test was to see if the server would ask for the ID, take the ID in their hands, and check the date of birth. In 100 percent of the visits, the servers asked for the youth’s IDs.

Though pleased with those results, Ron Price, LRE compliance manager, is realistic. “We’re never going to stop sales to underage drinkers 100 percent, but we expect licensees to take this issue seriously, and we want to make sure they know it’s unacceptable to sell or serve those under age 21,” he said.

The goal is getting everyone—the license board, the liquor board, inspectors, police, attorneys, and others—to agree on the monitoring system and enforcement strategy, helping to ensure that all parties are similarly motivated. The focus is not merely on the number of citations they can issue but rather on how they help licensees know what is expected, be aware that compliance checks will be done, and follow all regulations. CBOs working on alcohol control issues can build on the collaborative efforts begun at their THMs to bring the appropriate stakeholders in their communities together for follow-up discussions and a plan to put a similar system of compliance checks and other enforcement practices in place.

Training Servers To Identify Underage Drinkers
The system is designed not only to catch violations but also to educate servers. Enforcement does not end with a citation, according to Mr. Price. When someone receives a citation, the liquor board will not just impose a fine; it will steer them to the LRE’s Alcohol Law Education and Regulatory Training (ALERT). Mr. Price pointed to an example of a server, caught in a compliance check, who did not know it was against the law to serve alcohol to an 18-year-old. “Through education, we will cut down on recidivism,” said Mr. Price.

ALERT is a free, county-specific training for servers, sellers, managers, licensees, and community members. It goes well beyond the State-mandated training, which requires only one supervisory staff per licensee to attend. Licensees are encouraged to send as many team members as they desire to the 3-hour ALERT training. It covers MC’s rules and regulations, offers best practices on how to check for a valid ID and look for visual signs of intoxication, and helps supervisors develop responsible alcohol policies and a business plan to help them succeed.

Free or low-cost server training is a viable option for many communities, either supported by State funding or through business alliances. A training program may also offer a way to involve educators as volunteers in prevention efforts on an ongoing basis, far beyond THMs.

Reaching Out to the Community
MC believes that—along with the sale and distribution of alcohol—it has a responsibility to educate and support the establishments served to ensure the safety of its citizens. Along with ongoing initiatives, such as distributing free identification-checking calendars, which make it easy for sellers and servers to know if someone is under 21 without doing the math, LRE conducts community outreach. Community awareness of the dangers of underage drinking reaches its height during THMs, but it’s vital to maintain that level of awareness and continue to reach out to key groups. Parents, students, businesses, and others can help keep the momentum going if prevention leaders provide them with information and opportunities to get involved.

Keeping It SAFE is MC’s award-winning public education campaign geared toward the hospitality industry and the community. The campaign Web site currently features an MC prom and post-prom schedule along with a flier on best practices for holding an under-21 alcohol-free event. It publishes an electronic newsletter to educate students and parents on youth alcohol prevention.

Cops in Shops is a public–private collaboration that brings police and alcohol inspectors inside an establishment to assist business owners in preventing the sale of alcohol to youth under age 21, as well as intoxicated individuals. Citizens are trained to participate, too, as “Extra Eyes” who work outside the business to report suspected violations in parking lots or surrounding areas. The program is part of an ongoing business alliance program, under the Keeping It SAFE campaign, that includes owner/manager policy seminars, technical assistance, risk assessments, and more.

Mr. Price acknowledged that it’s an ongoing effort, saying, “All the studies have proven that if you back off the inspections or let the compliance checks lapse, establishments will be more inclined to sell to underage drinkers, and compliance rates will drop. We are determined not to allow that to happen.”

The MC programs serve as a model for CBOs that are working toward implementing or expanding alcohol control practices in their communities. The THM season is coming to a close, but community leaders must explore opportunities to implement strategies that address the issues that arose during those meetings. Building on the collaboration begun at THMs can have far-reaching results in the effort to prevent and reduce underage drinking.

Every state—whether a control state or no—has an ABC Board, which is a good resource in planning local initiatives. Contact information for State ABC Boards is located here.