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Compliance at 77 percent

Pub Date: 2/1/2007
Patti Jacques, Prevention Program Manager for the Montana Board of Crime Control, agrees that adults who supply alcohol to the under-aged are the primary source, but defends retailer compliance checks as an important tool to stem the flow.

She administers grants to a number of local law enforcement agencies and "partner" advocacy groups such as DUI Task Forces'; Healthy Mothers, Healthy Babies'; and Safe Families, Safe Kids.

Since the programs are still in their infancy, not a lot of good, hard statistical data on retailer compliance checks is available. Jacques says the agencies and groups she works with are required to report results as a condition of grant sharing.

During Fiscal Year 2006 (July 1, 2005-June 30, 2006) 973 compliance checks or retailer "stings" were conducted under her auspices.

Of the retailers checked, 77 percent refused to sell alcohol to an under-age decoy who presented a valid ID.

Jacques, and most business owners with alcohol licenses, agree compliance should be better. Even though no earlier data exists with which to establish trends, most observers would agree that retailers are doing a better job. And Jacques contends that "more frequent checks means higher compliance rates."

She also has data beginning in 1998 that indicates, indeed, under-aged drinking in Montana is being significantly reduced.

A number of on-premise retailers taverns have said they believe on-premise licensed establishments perform significantly better than off-premise counterparts during compliance checks, and that off-premise businesses drag the averages down with lower compliance rates. No data exists to verify that contention.

One C-store operator told this reporter that since substantial continued funding for local police departments is tied to "proving" compliance rates are low, and since retailers and store clerks are in fact being much more diligent in checking IDs, that "sting" operations have had to become much more aggressive and stealthy in their tactics to keep non-compliance rates high, something Pretat denies.

Numerous operators have a policy that calls for the immediate dismissal of employees who sell to minors.

Jacques says she thinks anyone can make a mistake, that dismissal is too harsh a treatment for offending employees. "Use that mistake as education'; let them learn and not repeat the mistake," she says.

Local agencies receiving grant money from the Board of Crime Control must report minor in possession (MIP) citations and unlawful transaction with minors (UTMs) violations. In FY 2006, the only complete year for which data is available:

Great Falls Police Dept. reported 633 MIPs and 16 UTMs'; Silver Bow Law Enforcement - 313 MIPs, 0 UTMs'; Gallatin Co. Sherrif - 735 MIPS, 7 UTMs'; Custer Co. Sherrif - 97 MIPs, 9 UTMS'; Missoula Police Dept. - 1,253 MIPs, 44 UTMs'; Baker Police Dept. - 62 MIPs, 9 UTMs'; Wheatland Co. Sheriff - 24 MIPs, 1 UTM'; Dawson Co. Sheriff - 19 MIPs, 1 UTM'; Sweet grass Co. Sheriff - 6 MIPs and 0 UTM'; Ronan Police Dept. - 194 MIPs, 39 UTMs'; Flathead Co. Sheriff - 1,055 MIPs'; 109 UTMs and Lewis and Clark Co. Sheriff - 467 MIPs and 88 UTMs.

For the 12 agencies participating, they reported a total of 4,858 MIPs and 323 UTM violations.

Jacques said she believed penalties levied on offending youth were harsh enough, but that perhaps retailer punishment should be made more severe.

Source: The Montana Tavern Times, Feb., 2007, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.