With support from the OJJDP Enforcing the Underage Drinking Laws Initiative, community organizations, enforcement agencies, youth, and other concerned citizens are working collaboratively to change local ordinances and enforcement practices.
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Several years ago, residents in the City of Concord, New Hampshire expressed concern that underage drinking was a problem that needed attention. While the causes of the problem were somewhat unclear, community desire for action was not
In 2001, the Concord City Council convened an ad hoc committee to study the problem of underage drinking. This group consisted of representatives from criminal justice system, the faith community, schools, businesses, and parents. After a process that included public hearings, the ad hoc committee produced a report with two main recommendations: (1) Create a position within city government to manage programs and activities for youth, and (2) Change regulatory policies regarding underage drinking.
One of the policy-related deficiencies noted by the group was the lack of appropriate penalties imposed on outlets that failed compliance checks. Clerks who sold to minors usually faced criminal charges, but license holders received only minimal penalties. One store“the poster child for bad business,” says Concord’s Chief of Police Jerome Maddenfailed five straight compliance checks and kept its license.
Armed with the committee’s report, Concord Mayor Michael Donovan, Judge Michael Sullivan, and Chief Madden asked the State Liquor Commission for a meeting to discuss the lack of appropriate penalties for violations of the minimum purchase age law. The Commission, in turn, asked them to recommend new penalty guidelines.
The city leaders agreed that a fine and a license suspension should be imposed for a first offense.
Ultimately, they won the Commission’s approval for the following penalties:
- First offense: 3-day suspension and $250 fine.
- Second offense within 3 years: 5-day suspension and $500 fine.
- Third offense: 10-day suspension and $750 fine.
- Fourth offense: 30-day suspension and $1,000 fine.
- Fifth offense: revocation for the balance of the license year, or at least 6 months.
The Commission adopted the penalties on a trial basis in August 2002, and the Concord Police Department believes the combination of regular law enforcement activity and stiffer penalties is directly responsible for the increase in retail compliance. Concord compliance rates in December 2003 for on-premise establishments were 100 percent and 96 percent for off-premise establishments. For the year 2003, compliance rates for on-premise and off-premise establishments averaged 96 percent and 87 percent, respectively.
Looking back on the year, Judge Sullivan notes that community support has been “wonderful.” The stiffer penalties generated greater awareness about one of the primary causes underage drinking: easy access through retail sources. Even more importantly, it led to dramatic changes in retailer behavior.
For more information, contact contact Chief Aidan Moore of the New Hampshire Liquor Commission at 603-271-3930 or [email protected]