Abstract
Alcohol sales to intoxicated patrons are illegal and may lead to public health issues such as traffic crashes and violence. Over the past several decades, considerable effort has been made to reduce alcohol sales to underage persons but less attention has been given to the issue of sales to obviously intoxicated patrons. Studies have found a high likelihood of sales to obviously intoxicated patrons (i.e., overservice), but little is known about efforts by enforcement agencies to reduce these sales. We conducted a survey of statewide alcohol enforcement agencies and local law enforcement agencies across the US to assess their strategies for enforcing laws prohibiting alcohol sales to intoxicated patrons at licensed alcohol establishments. We randomly sampled 1,631 local agencies (1,082 participated), and surveyed all 49 statewide agencies that conduct alcohol enforcement. Sales to obviously intoxicated patrons were reported to be somewhat or very common in their jurisdiction by 55 % of local agencies and 90 % of state agencies. Twenty percent of local and 60 % of state agencies reported conducting enforcement efforts to reduce sales to obviously intoxicated patrons in the past year. Among these agencies, fewer than half used specific enforcement strategies on at least a monthly basis to prevent overservice of alcohol. Among local agencies, enforcement efforts were more common among agencies that had a full-time officer specifically assigned to carry out alcohol enforcement efforts. Enforcement of laws prohibiting alcohol sales to obviously intoxicated patrons is an underutilized strategy to reduce alcohol-related problems, especially among local law enforcement agencies.
Similar content being viewed by others
References
National Research Council, Institute of Medicine. (2004). Reducing underage drinking: A collective responsibility. Washington, DC: The National Acadamies Press.
Andréasson, S., Lindewald, B., & Rehnman, C. (2000). Over-serving patrons in licensed premises in Stockholm. Addiction, 95, 359–363.
Freisthler, B., Gruenewald, P. J., Treno, A. J., & Lee, J. (2003). Evaluating alcohol access and the alcohol environment in neighborhood areas. Alcoholism, Clinical and Experimental Research, 27, 477–484.
Lenk, K. M., Toomey, T. L., & Erickson, D. J. (2006). Propensity of alcohol establishments to sell to obviously intoxicated patrons. Alcoholism, Clinical and Experimental Research, 30, 1994–1999.
Rydon, P., Stockwell, T., Lang, E., & Beel, A. (1996). Pseudo-drunk-patron evaluation of bar-staff with Western Australian liquor law. Australian and New Zealand Journal of Public Health, 20, 290–295.
Toomey, T. L., Wagenaar, A. C., Kilian, G., Fitch, O., Rothstein, C., & Fletcher, L. (1999). Alcohol sales to pseudo-intoxicated bar patrons. Public Health Reports, 114, 337–342.
Toomey, T. L., Wagenaar, A. C., Erickson, D. J., Fletcher, L. A., Patrek, W., & Lenk, K. M. (2004). Illegal alcohol sales to obviously intoxicated patrons at licensed establishments. Alcoholism, Clinical and Experimental Research, 28, 769–774.
Warpenius, K., Holmila, M., & Mustonen, H. (2010). Effects of a community intervention to reduce the serving of alcohol to intoxicated patrons. Addiction, 105, 1032–1040.
Rammohan, V., Hahn, R. A., Elder, R., et al. (2011). Effects of dram shop liability and enhanced overservice law enforcement initiatives on excessive alcohol consumption and related harms: Two community guide systematic reviews. American Journal of Preventive Medicine, 41, 334–343.
Naimi, T. S., Nelson, D. E., & Brewer, R. D. (2009). Driving after binge drinking. American Journal of Preventive Medicine, 37, 314–320.
Graham, K., Osgood, D. W., Wells, S., & Stockwell, T. (2006). To what extent is intoxication associated with aggression in bars? A multilevel analysis. Journal of Studies on Alcohol, 67, 382–390.
Martin, S. E. (2001). The links between alcohol, crime and the criminal justice system: Explanations, evidence and interventions. American Journal on Addictions, 10, 136–158.
Quigley, B. M., & Leonard, K. E. (2004). Alcohol use and violence among young adults. Alcohol Research & Health, 28, 191–194.
Rowe, S. C., Wiggers, J. H., Wolfenden, L., & Francis, J. L. (2010). Establishments licensed to serve alcohol and their contribution to police-recorded crime in Australia: Further opportunities for harm reduction. Journal of Studies on Alcohol and Drugs, 71, 909–916.
Mosher, J. F., Hauck, A., Carmona, M., et al. (2009). Laws prohibiting alcohol sales to intoxicated persons. Washington, DC: National Highway Traffic Safety Administration.
McKnight, J. A., & Streff, F. M. (1994). The effect of enforcement upon service of alcohol to intoxicated patrons of bars and restaurants. Accident Analysis and Prevention, 26, 79–88.
Ramirez, R., Nguyen, D., Cannon, C., Carmona, M., & Freisthler, B. (2008). A campaign to reduce impaired driving through retail-oriented enforcement in Washington State. Washington, DC: National Highway Traffic Safety Administration.
Montgomery, J. M., Foley, K. L., & Wolfson, M. (2006). Enforcing the minimum drinking age: State, local and agency characteristics associated with compliance checks and cops in shops programs. Addiction, 101, 223–231.
Paschall, M. J., Grube, J. W., Thomas, S., Cannon, C., & Treffers, R. (2012). Relationships between local enforcement, alcohol availability, drinking norms, and adolescent alcohol use in 50 California cities. Journal of Studies on Alcohol and Drugs, 73, 657–665.
Wagenaar, A. C., & Wolfson, M. (1995). Deterring sales and provisions of alcohol to minors: A study of enforcement in 295 counties in four states. Public Health Reports, 110, 419–427.
Kerr, W. C. (2010). Categorizing US state drinking practices and consumption trends. International Journal of Environmental Research and Public Health, 7, 269–283.
Ross, H. L. (1992). The deterrent capability of sobriety checkpoints: Summary of the American literature. Washington, DC: National Highway Traffic Safety Administration, Office of Alcohol and State Programs.
Wagenaar, A. C., Toomey, T. L., & Erickson, D. J. (2005). Complying with the minimum drinking age: Effects of enforcement and training interventions. Alcoholism: Clinical and Experimental Res, 29, 255–262.
Acknowledgments
This study was supported by a Grant from the National Institute of Alcohol Abuse and Alcoholism (R01 AA017873; Darin J. Erickson, Principal Investigator).
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Lenk, K.M., Toomey, T.L., Nelson, T.F. et al. State and Local Law Enforcement Agency Efforts to Prevent Sales to Obviously Intoxicated Patrons. J Community Health 39, 339–348 (2014). https://doi.org/10.1007/s10900-013-9767-9
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10900-013-9767-9