Virginia Beach Police Department Preseason ABC Accredited Law Enforcement Agency Virginia Beach Police Department Preseason ABC Managers Meeting March 16, 2017

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 customers 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 officers 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, isnt 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? Its 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 cause