An Accredited Law Enforcement Agency

Virginia Beach Police Department

Preseason ABC Managers Meeting

March 16, 2017

Opening Remarks

Deputy Chief Tony Zucaro

Operations Division

Discussion Focus

“On premise” beer, wine & mixed drink establishment regulations

Enrichment of stakeholder relationships with good business practice modeling

Agenda

ERTF Review – Sergeant L. Cain

ABC – Rodney Perkins

Traffic Safety Unit - Sergeant C. Brandt

Fire Marshal –

Expectations – Sergeant L. Cain

ReviewSergeant Lonnie Cain

Second Precinct

The Virginia Beach Police Department utilizes a community

policing philosophy

Enforce criminal law

Improve customer’s quality of life

VBPD Inspections

Permitted in areas accessible to customers

Review ABC license accuracy

Inspecting officer shall discuss discrepancies

Inspections are documented

VA ABC Inspections

VA ABC Agents can inspect at any time.

Virginia Administrative Code (VAC) requires licensees to comply with the regulations.

www.ABC.Virginia.gov is a resourceful tool to review reference inspection readiness, and procedures.

Authority to Inspect §§4.1-103, 4.1-111, 4.1-204, 4.1-222 and 4.1-325 of 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.

B. … law-enforcement officers in the performance of their official duties shall be allowed free access … during reasonable hours.

Authority to Inspect

C. …threats, force or intimidation impedes or obstructs any special agent or other law-enforcement officer in the performance of his official duties …penalty prescribed by §4.1-349 of the Code of Virginia.

D. … 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.

Establishment Review Task Force(ERTF)

Routine – Bar checks

Criminal – Incident Based

ERTF 5B Form

PD-5B

Rev: 06/11Page 1 of 2

Time: 18:40 Date: 03/16/17

Email:

Precinct: 2nd Phone:

Zone: 227

Code: 4545

Bar Check: Yes X No

X Yes No

02/01/18

Manager on Duty (Print & Initial):

Virginia Beach Police DepartmentInformation Report for ABC Establishments (ERTF)

Expiration Date:12345

2017-004321

400 West Avenue

Bobby's Beer Bar

A. Name

757-555-3474

Establishment:

Address:

Jason Jackson exited Bobby's Beer Bar highly intoxicated. Mr. Jackson's level of intoxication prevented his ability to walk without assistance.

ABC License #:

Establishment Phone:

Bobby Jenkins

Officer Comments (include notable staff actions/inaction, level of intoxication, statements and other links to establishment, etc):

Criminal Investigation:

Incident/IBR #:

Reporting Officer:

PD-5B

Rev: 06/11Page 1 of 2

Time: 18:40 Date: 03/16/17

Email:

Precinct: 2nd Phone:

Zone: 227

Code: 4545

Bar Check: Yes X No

X Yes No

02/01/18

Manager on Duty (Print & Initial):

Virginia Beach Police DepartmentInformation Report for ABC Establishments (ERTF)

Expiration Date:12345

2017-004321

400 West Avenue

Bobby's Beer Bar

A. Name

757-555-3474

Establishment:

Address:

Jason Jackson exited Bobby's Beer Bar highly intoxicated. Mr. Jackson's level of intoxication prevented his ability to walk without assistance.

ABC License #:

Establishment Phone:

Bobby Jenkins

Officer Comments (include notable staff actions/inaction, level of intoxication, statements and other links to establishment, etc):

Criminal Investigation:

Incident/IBR #:

Reporting Officer:

Properly documentation

- Location of event

- Name & contact

- Narrative/ purpose

- Manager/ Designee can respond to ERTF

Routine ERTFs

• Officers meet with ABC manager on duty to review ABC documents

• Allow preliminary assessment of safety considerations inside of the establishment

• Officer discuss all discrepancies at conclusion of visit

Incident Based – ERTFs

• ERTF documentation resulting from criminal activity

• ERTFs are documented by the officer and returned to the VA ABC manager

• VA ABC manager has 10 days to respond to the ERTF

Follow Up Reports

Linked criminal behavior attributed from a particular establishment will be documented. Intoxicated persons, fights, DUIs, false IDs, underage….

The report shall provided The scope/severity of criminal events that affect your staff and

patrons The staff members/patrons who were involved

Normally hand-delivered, email is optional.

Major Incident

Establishment will be contacted to discuss incident Incident will be debriefed (What was

good, needs improvement, future strategic possibilities)

Examine expectations of establishment Work together to implement practice to

limit or eliminate future occurrences

Review of Laws - Employees

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.

Armed security requires DCJS certification

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.

Alcohol Beverage Control

Rodney Perkins

ABC Supervisor

Traffic Safety Unit

Sergeant Chris Brandt

Special Operations / TSU

Traffic Safety Unit

What happens when a person is lawfully stopped after leaving your establishment by an officer and is arrested for DUI and that person claims that he/she consumed all his/her alcohol at your establishment?

Traffic Safety Unit

After the officer’s DUI Investigation has concluded, the officer completes an Establishment Review Task Force (ERTF) form.

The officer will follow-up with this ERTF form at your establishment. This is the phase where the officer lets you know, as an owner/manager, what took place and share the comments that were made by the arrested person concerning your establishment, i.e. how much and what they drank.

Traffic Safety Unit

The officer addresses any questions and concerns you have. The officer will offer suggestions on how to correct this issue such as over-serving.

The officer will notify and forward the ERTF to ABC.

ABC most likely will conduct a follow up with your establishment.

The same will happen if it involves a crash and the person claims he/she just left your establishment after consuming alcohol there.

Traffic Safety Unit

How can you as an owner/manager combat this issue?

Be cognizant on how much a patron or customer is being served.

Train your staff

Have weekly meeting with your staff on how the previous week went. Talk about any issues your staff experience and offer solutions.

Traffic Safety Unit

Train your staff to recognize customers who walk in your establishment already impaired or have been drinking.

Pay attention to the entire table or party in serving alcohol. Is there one not drinking or is everyone at the table drinking. Whose driving or walking away from your establishment?

Offer a TNC i.e. Cab, Uber, Lyft, Limo or call a designated driver on their behalf.

Traffic Safety Unit

Remember, you are responsible and accountable for those individuals that you serve alcohol too. For example, isn’t a ER physician responsible for the patient that they just gave a pain relief shot too and then sent home. What if that patient drove and the physician never ensure a safe ride away or inquired? It’s something to think about, when one leaves an establishment after drinking and crashes. Please be safe!!!!

Preventing Intoxicated Customers

You are responsible to ensure 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.

Virginia Beach Fire Department

George Hughes

Virginia Beach Fire Department

City Ordinance for Overcrowding

Sec. 12-43. - Amendments.

(a) As authorized by Code of Virginia, § 27-97, the following provisions are enacted and made more restrictive than the 2009 Virginia Statewide Fire Prevention Code:

(1) Overcrowding: It shall be a Class I misdemeanor for any person to permit (i) overcrowding; (ii) the obstruction of aisles, passageways or other means of egress, including obstruction caused by people standing in aisles, passageway or other means of egress; or (iii) admittance of any person beyond the approved occupant load. In addition thereto, the code official, upon finding overcrowded conditions or obstruction in aisles, passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected. The structure may be evacuated or the addition of any further occupants prohibited until the approved occupant load is reestablished or the obstruction has been removed.

City Ordinance for Overcrowding

(2) Operator responsibility: The operator or the person responsible for the operation of an assembly or educational occupancy shall check egress facilities before such building is occupied to determine compliance with this section. If such inspection reveals that any element of the required means of egress cannot be accessed, is obstructed, locked, fastened or otherwise unsuited for immediate utilization, admittance to the building shall not be permitted until necessary corrective action has been completed.

(Code 1965, 16-16; Ord. No. 1789, 6-20-88; Ord. No. 1814, 10-24-88; Ord. No. 1984, 6-25-90; Ord. No. 2289, 8-23-94; Ord. No. 2797, 1-13-04; Ord. No. 2889, 6-28-05; Ord. No. 3208, 11-22-11

Statewide Fire Prevention Code

403.2.2.1.2 Occupant load count. Upon request of the fire code official, the owner or operator, or both, will be required to keep a running count of the occupant load to provide to the fire code official during performance hours of operation, entertainment hours of operation, or both.

Life Safety Inspections

Performed by Fire Marshal’s office. Will be random or for complaints.(citizens or police)

Ask for your occupant load. You should be able to tell us how many people are in your business at any given time. You should know you occupant load and have it posted. If you don’t know the only way to find out it to count the people as they leave your business.

Check of exit signs, emergency lighting and clear paths to means of egress

Life Safety Inspections

Check for locked, blocked and obstructed exits. All exits should openly freely. Check inside and outside. (vehicles parked)

Check kitchen area (hoods, suppression)

Any fire code violations – Not a full inspection

Violations may be corrected on site or follow up with inspector.

Any violations may result in summons

Occupant Load Sign

Violations

Sec. 12-49. - Violations.

(a) Any person who shall violate any of the provisions of the fire prevention code adopted in this article, or who fails to comply therewith, or who shall violate or fail to comply with any order or made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therefor, shall, for each and every such violation and noncompliance, respectively, be guilty of a Class 1 misdemeanor.

Violations

(b) The imposition of one penalty for any violation of the fire prevention code adopted in this article shall not excuse the violation or permit it to be continued and all persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

(c) The imposition of a penalty for a violation of the fire prevention code adopted in this article shall not be held to prevent the enforced removal of prohibited conditions.

Resources

Go to Vbgov.com

Type in fire regulations in the search

Click on fire regulations

There are different topics to choose from

Our phone number is 385-4228 M-F

Email is VBFMO@vbgov.com

Summary

The Fire Department wants you to thrive in your business. The better you do the better the city does.

We want you to remember that you have several hundred lives in your control.

People have the right to be safe.

It only takes one!

Please follow the rules. If you don’t know ask

Sales to Intoxicated Person(s)

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 premises of your business.

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

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 serve them alcohol legally. 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.)

If that does NOT Work

If the intoxicated patron resists these efforts or becomes otherwise uncooperative… call the Police

Allowing an intoxicated person to wander the streets while failing to call the police and seek our assistance, ignores the risks inherent to the citizens safety

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.

Caution on “choke holds”

https://www.abc.virginia.gov/licenses/training

Benefits of Preventing or Managing Intoxicated Customers

Improved customer service

Comply with ABC laws, rules and regulations

Less chance of dealing with confrontation

Making your business more appealing to larger spectrum of people

Employee Consumption

No licensee or employee shall consume alcoholic beverages while on duty.

Employee and Licensee may receive $500 fine or 7 days suspension.

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.

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.

Consequences

Underage/Intoxicated/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 1st offense License could be revoked

When to Call Police

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

This list is by no means exclusive, call us when you need us.

Handheld ID Scanners

Help control underage issues

Help identify 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

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

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.

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.

Staff should be prepared to testify in court as needed.

Shared Vision

Our full organizational commitment to providing quality customer service to all.

Working partnership to create the safest entertainment location in the world.

QuestionsQuestions

ERTF Representatives

Sergeant R. Cheatham, First Precinct 385-4377

Sergeant L. Cain, Second Precinct 385-2700

Sergeant S. Langley, Third Precinct 385-2703

Sergeant R. Wigand, Fourth Precinct 385-2800

www.VBgov.com/dept/police/ertf/

www.abc.state.va.us