Entrapment or enforcement?
When law enforcement creates the circumstances for the commission of a crime that otherwise would not have occurred, are innocent, law abiding people enticed into violating the law? Entrapped?
Or are guilty parties who regularly violate the law knowingly and willfully, simply presented the opportunity to get caught?
The subject of police "stings--or "compliance checks," as law enforcement refers to them--have been a lively topic of conversation in liquor retailing circles since they became commonplace with the availability of federal funds to conduct them, and with pressure from social advocacy groups.
And it was a subject dissected by members of the Montana Tavern Association and a panel comprised of law enforcement and regulatory personnel at the association convention in Helena Sept. 21.
Patti Jacques, Prevention Specialist Officer with the state Board of Crime Control in the Montana Attorney General's office, Butte-Silver Bow Sheriff John Walsh, Great Falls police captain Tim Shanks and Neil Peterson, head of the licensing operation within the state revenue department, comprised the panel.
Panel moderator Mark Staples, MTA attorney and lobbyist, thanked all the panelits for taking the time to participate, then made a few remarks before moving on to the questions.
"Compliance checks, walk-throughs, server training--they come at us wave after wave. No one here thinks we need no checks. But surveys (conducted by the Century Council and, more recently, the American Medical Association) find the predominant problem (with youth access to alcohol) is adults who buy for youth," he said.
"Almost all evidence shows retailers are only 7 percent of the problem, and adult buyers are 65 percent of the problem," he continued. "Given that, why is so much of the money and manpower dedicated to trying to stop youth access at the retailer?"
Jacques said that about 20 percent of the federal funds she administers--$30,000-$40,000--goes to compliance checks. The balance is used for other activities such as server training and special police "party patrols."
The funds are allocated, after a "request for proposal" process, to law enforcement, and non-profit social advocacy groups, school districts and the like, but with conditions: groups must see that stings are conducted, and must work with other community groups.
She acknowledged that the stings get most of the publicity, but that efforts are also focused on catching minors in possession, adult buyers and parents who host parties where alcohol is available.
Capt. Shanks said his department uses the funds for compliance checks, walk-throughs, public service announcements and billboards.
Staples asked him if 100 percent of retailers were in compliance, how much of the problem would be solved; and is the distribution of funds for compliance checks versus other methods of reducing youth access fair?
Shanks said the compliance checks conducted by his department are very above board, only once using someone over 20 years old to make the purchase attempts. In the last round of stings, he said, 22 retailers failed, and 14 of those actually looked at the IDs--which showed the buyer was under 21--and sold anyway.
He said special IDs for the under aged--such as vertical , rather than horizontal, format on drivers licenses--might help clerks and bartenders more readily identify the under aged. He also noted fake IDs are of very high quality, and that retailers have been very helpful in calling police attention to the use of them. In fact, he said, they had traced false IDs to a manufacturer in Missoula who was selling them.
New ID verification equipment is becoming available, Shanks noted, and said some retailers have installed the systems.
Sheriff Walsh said it is important to intervene in youth access to alcohol to prevent alcohol related problems later in life, and youth are getting it from bars and grocery stores.
"We're not your adversaries," Walsh said. "We all want to make our kids safer. That's my motivation."
Walsh did acknowledge that tavern compliance has been exceeding that of groceries--about 75 percent to 65 percent. "But we want 100 percent for both," he said, adding Butte has seen compliance rates of 85, 90 and 95 percent.
Staples again asked, "If the retailers had 100 percent compliance, what percentage of the problem would be handled?"
Walsh responded, "It's hard to say. I think more than 50 percent of the problem comes from retail."
Shanks said his force will never use a false ID in its stings. "We don't need trickery," he said. "We are watching for adult buyers and using party patrols," and don't cite bars if they find underage drinkers on premise, as usually the minor is provided alcohol by another of-age customer.
"The problem is, our kids are sharp, so we won't eliminate the problem."
The revenue department's Peterson said the department is involved because they are obliged to monitor licensee compliance with the law. Progressive penalties are levied for additional infractions, with license suspension or revocation the severest measures, he said.
"We're not interested in putting you out of business," Peterson said. "We just want to discourage under age drinking."
Staples said perhaps heavier penalties for using false IDs and for minor in possession might be a more effective deterrent than continually focusing on retailers. He also said off-premise grocery compliance is lower than on-premise and it may not be fair to lump the two together when conducting and reporting the results of stings.
He also suggested surveying kids, asking them if the retailer stings have cut down their use. "Why not find out if we're spending the money wisely?" he asked.
Bozeman MTA member Mike Hope said he doesn't have a problem with alcohol stings. "It helps me keep my staff on their toes," he said. He added that, in Bozeman, retailers have not been brought into the efforts to curb underage access. "You need to bring the industry in; we're shut out."
Another member, Bill Brown of Butte, said, "The current compliance checks are a problem. We passed them but let's deal with the real problem--adult buyers." It seems the retailers who are really trying to be good citizens are the ones who get checked," while the problem retailers are seldom checked, he said.
Walsh said he appreciated Brown's candor and that if his department can catch scofflaw retailers, they would, adding it is much harder to catch adult buyers. "We're trying to get the most obvious, because we have limited manpower and dollars."
MTA President Ralph Ferraro, Bozeman, said other liquor violations seem to be ignored, such as people with liquor catering licenses that cater to a certain location so regularly as to constitute operation of a bar.
Peterson said to act on that kind of infraction requires "personal knowledge" or a sworn written complaint or a notice from law enforcement to issue a violation. The department only has jurisdiction at a licensed premise, he said.
Bill Lincoln, Kalispell, said in that community they had seen 16 stings conducted in six months. "When does it become just a matter of taking advantage of a business? If you sting a business 100 times, we'd all fail once," he said.
Shanks spoke up, explaining that in Great Falls, a business that passes a check will not be checked again for a year. "But how many warnings should we issue before we give a citation?" he asked. "Some places just don't get it; they fail every time."
MTA member Jim Johnson of Red Lodge said, even though it may be more difficult to interdict non-retailer sources of youth alcohol, "it is just as worthy of your attention. Enforcement efforts are uneven. We don't want kids to have alcohol and we don't want to risk our businesses."
Source: Montana Tavern Times, Oct. 2005, 800-406-5698 published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.[/b>