In July of 2018, the Fresno County Sheriff-Coroner’s Office, in addition to 50 other law enforcement agencies throughout California, were awarded portions of a $3 million grant from the California Department of Alcoholic Beverage Control (ABC).
Members of the Sheriff’s Special Investigations Division (SID) are putting these funds to use by performing a number of compliance operations throughout the County of Fresno from July 2018 through June 2019.
The Alcohol Policing Partnership Program (APPP) was started in 1995 by the ABC to broaden and increase the level of alcoholic beverage enforcement by working in partnership with cities and counties through a grant assistance project. The mission of the APPP is to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance issues associated with problematic alcoholic beverage outlets and then institutionalize those approaches within the local law enforcement agency.
Some of the tactics that will be implemented to target problem locations are known as “Minor Decoy” and “Shoulder Tap” operations. During a “Minor Decoy” operation, detectives are assisted by a minor, usually 18 or 19 years old, who is instructed to enter retail liquor stores or restaurants and attempt to purchase an alcoholic beverage. In 1994, the California Supreme Court ruled unanimously that use of underage decoys is a valid tool of law enforcement to ensure that licensees are complying with the law. If a sale is made to an underage decoy, the clerk is cited and the business owner can receive disciplinary action from ABC. The punishment can include fines, ABC license suspension or revocation. The business can also be the subject of civil action from the District Attorney’s Office and receive fines for violations of unfair business practice laws.
Minor Decoy operations have been conducted by local law enforcement throughout the State since the 1980s. When the program first began, the violation rate of retail establishments selling to minors was as high as 40% to 50%. When conducted on a routine basis, the rate has dropped in some cities to as low as 10%. During the last ABC grant awarded to the Fresno Sheriff-Coroner’s Office, the rate of alcohol sales to minors by retail establishments averaged 20%.
A “Shoulder Tap” operation targets adults who purchase alcohol for people less than 21 years of age. A minor under the direct supervision of a peace officer will stand outside a liquor or convenience store and ask patrons to buy them alcohol. The minor indicates in some way he or she is underage and cannot purchase the alcohol. If the adult agrees to purchase alcohol for the minor, agents then arrest and cite them for furnishing alcohol to the minor. The penalty for furnishing alcohol to a minor is a minimum $1,000 fine and 24 hours of community service.
Detectives will also be conducting undercover operations at large local events such as Fresno State football games, concerts and fairs where alcohol is being served to identify minors consuming alcohol or adults providing alcohol to minors. Education of retailers and their employees is another facet of the APPP. Detectives will contact On-Sale and Off-Sale locations and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections along with hosting Licensee Education on Alcohol and Drug (LEAD) classes. Both of these education programs are designed as prevention strategies as a prelude to enforcement action. Education and prevention measures are aimed at institutionalizing responsible serving and selling practices in the industry.
Funding for this program was provided by a grant from the California Alcoholic Beverage Control (ABC) through the Department’s APPP. ABC is a special fund agency. Its budget and this program are funded entirely by license fees from the alcoholic beverage industry.
