Virginia Petroleum Convenience and Grocery Association is pleased to support the following proposed regulatory change.  We appreciate the ABC  Department including this language which was amoung our suggested amendments.

 As Virginia's cutting edge drivers licenses become universal in the next few years, increasing numbers of convenience stores will likely utilize them and electronic age verification equipment further reduce underage sales.  The proposed change will facilitate these changes  and should reduce inadvertent sales to persons under 21

Thank you for your consideration of our comments.

Michael J. O'Connor

President and CEO

Virginia Petroleum Convenience and Grocery Association

7275 Glen Forest Drive Suite 204

Richmond VA 23226

D.  In determining whether a licensee, or his employee or agent, has reason to believe that a purchaser is not of legal age it shall be presumed that a licensee, or his employee or agent did not have reason to believe that a purchaser is not of legal age if the purchaser presents a photo identification that is verified by electronic age verification equipment and/or electronically stored verification information on a driver’s license and the purchaser reasonably appears to be the person in the photograph on such identification.

I am pleased that the approval of any new product label which implies the product enhances athletic prowess or includes any reference to any athlete, former athlete, or athletic team will be prohibited.

I object to expanding the promotion of happy hours and drink specials in lawful advertisements because I feel this further promotes opportunities to drink excessively during short periods of time.  Announcing the happy hour advertising to the interior of the premises is sufficient.

Training sellers and servers can help prevent excessive alcohol consumption, underage drinking and drinking and driving.  Research shows that 50% of people driving under the influence had their last drinks at licensed establishments. Join the other 17 states that choose to protect their citizens by mandating responsible beverage service training.

I believe Responsible Beverage Service training should be manatory for licensees in Virginia.  Several studies have shown that training results in fewer intoxicated patrons leaving establishment, which will increase public safety on our roads. 17 states already require this type of training of their licensees.  Server/seller training will help ensure Virginia laws against serving intoxicated persons and underage youth are enforced.

Research consistently demonstrates that as alcohol price goes down, harm goes up, and cost to society increases. Underage youth are those MOST sensitive to price reductions and they are also those who are the savviest about using the internet.

These facts suggest that instantly redeemable couponing and internet couponing may increased consumption by underage drinkers. If couponing is allowed, coupons should ONLY be allowed at point of purchase where a sales clerk can perform an ID check. Internet coupons cannot possibly insure underage drinkers are restricted from online sites. In addition, the attraction of online couponing would open more avenues for direct electronic advertising to underage populations.

I am against couponing in any form, but if it is allowed every possible strategy to reduce harm and cost to society should be incorporated in the regulations. For example, regulations should only allow print coupons at point of purchase and discount coupons should not exceed 10%. Fifty percent reductions are excessive and would seem to encourage overconsumption at any age thus increasing cost to taxpayers. Those wanting the regulations to be loosened should have to produce data that the proposed changes will NOT increase cost to society.

The majority of Americans agree that alcohol is different than other consumer products because overconsumption of alcohol causes harm and is associated with huge costs to society. Research shows that 50% of people charged with DUI had their last drink at a licensed establishment.This statistic alone shows that sellers and servers are allowing drunk patrons to leave licensed establishments.  

Research in other states shows that seller server training works to reduce harm and overconsumption. Online training can make effective education accessible to all servers. Restaurants have a quick turn over in staff. Online training would greatly benefit managers and staff who have the difficult task of indentifying and responding to early signs of excessive consumption and preventing intoxicated patrons from driving. I strongly urge the regulations to support mandatory responbible beverage service training.

I also object to allowing happy hour and drink specials to be promoted through advertising.  Happy hour already promotes that patrons come (via car) from work and head home having had a drink.  The additional promotion of this is unnccesary, leading to patrons drinking even more within the given time period.  Announcing the happy hour to the interior of the premises is sufficient.  Anything more than that is excessive.

Regulations should strongly support mandatory responsible beverage service training. 

Virginia has laws that prohibit the sale of alcohol to intoxicated persons or persons under 21. Oftefn young, inexperienced individuals are hired to act as servers of alcohol and expected to fulfill the legal mandates of the Virginia Code without the benefit of any real training on how to effectively do that. There are several research tested training programs that equip servers with tools to identify possible violations and to deal with those situations effectively without escalating confrontations or offending customers.

It is clearly in the best interest of everyone to equip those who are directly responsible with the best skills possible to reduce harm while promoting the best business practices. Virginia is not only a pro business Commonwealth; it wouis also about promoting "Virginia's Best" businesses that set the highest professional standards.

The state with the lowest rate of underage drinking, Tennessee, actually licenses the individual server who must complete a formal course of training before receiving a license to work as an alcohol server. This provides a great incentive for the server to guard against any violations that could lead to a revocation of thier license to make a living in that field.

Mandated server training represents a giant step in the right direction.

Happy Hour events invite customers to consume more alcohol (lower prices equal greater consumption as revealed in many research studies) in a short period of time which tantamount to encouraging binge drinking. Binge drinking leads to high risk behaviors including drunk driving, violence, sexual agression or putting oneself in a sexually compromising positiion.

I strongly oppose any expansion of the advertising of Happy Hour beyond the current provision to post prices and times inside the particular establishment. In the 2012 General Assembly a bill passed the House proposing to allow Happy Hour advertising. Upon learning of wide public opppostion, the patronage withdrew the bill during Senate deliberation. To allow expansion of Happy Hour advertising by regulation seems to contradict legislative intent.

Many in our culture look up to or aspire to become athletes. . . especially kids.I am pleased that the approval of any new product label which implies the product enhances athletic prowess or includes any reference to any athlete, former athlete, or athletic team will be prohibited.

Training for sellers and servers of alcoholic beverages should be mandated in Virginia.  Tennessee has the lowest underage drinking rate of the 50 states.  Servers in Tennessee have to be licensed to serve alcohol and can face up to a $5,000 fine and a five year loss of their license if they serve underage or overintoxicated patrons. 

Happy hours encourage binge drinking. If happy hour or drink special advertising is relaxed, more establishments will be advertising them if only to keep up with the competition. Now persons who want cheap drinks can easily find out  when and where they are offered, and move from one establishment to another to get the biggest bang for their buck. And the rest of us pay for the consequences of excessive drinking. Please don't change happy hour advertising regulations.

Responsible Beverage Service (RBS) training programs give owners, managers, and staff of establishments that sell/serve alcohol knowledge and skills to help them serve alcohol responsibly, prevent excessive alcohol consumption among patrons and minimize harms from excessive drinking that has already occurred. Training may include topics such as preventing underage consumption,  identifying and responding to early signs of excessive consumption, identifying intoxicated patrons and refusing service to them and intervening to prevent intoxicated patrons from driving.  

RBS training can help reduce alcohol-related harm.  Research shows that 50% of people driving under the influence had their last drinks at licensed establishments.¹ In 1986, Oregon mandated the first statewide server training. Three years after Oregon introduced the intensive mandatory RBS training, fatal single vehicle nighttime crashes decreased 23%.² A study comparing states with mandated alcohol server training, incentivized training and no formal training laws showed that mandated states had more servers trained, more positive management attitudes among those with server training, fewer visibly intoxicated patrons, and more appropriate responses to pseudo-patrons simulating intoxication ³.  Furthermore, four studies showed RBS training resulted in decreased alcohol consumption. ⁴ Five studies found RBS training associated with a substantial decrease in the proportion of intoxicated patrons leaving the establishment (median decrease of 26.7%). ⁴ Lastly, a study in Rhode Island examined long term effects of community wide server training. After 15 months, trained servers reported significantly higher levels of desired server behaviors than non-trained. Four years later, responsible serving behavior remained higher than pre-training levels. ⁵

Currently, Responsible Beverage Service training (also called seller/server training) is mandatory in 17 states.⁶  We propose mandatory responsible beverage service training for all licensees.  We propose mandating training for owners, managers, servers and anyone else involved in the selling or serving of alcohol. We suggest training be required within 30 days of beginning employment.  Training for all individuals should be required every other year. We believe this training will help with implementation of current Virginia laws against serving intoxicated persons and underage youth.

All persons applying for a temporary liquor license and all persons to be employed by them in selling, serving or managing the selling or serving of alcohol shall have completed an ABC approved server education class or liquor license training seminar within two (2) years prior to the issuance of the temporary liquor license.

We suggest that mandatory responsible beverage service training be conducted by VA ABC approved training agencies using an approved curriculum. Online training is likely to be a cost effective, easy way to implement mandatory training. This could potentially be provided by VA ABC or through existing programs such as eTIPS  (www.gettips.com/eTIPS.html.) Responsible Beverage Service training may potentially benefit establishments by improving community relations, potentially lowering insurance premiums, and reducing property damage by intoxicated individuals. 

Proposed Regulation and Penalties

The proposed regulation requires everyone involved in the selling and serving of alcoholic beverages to participate in an ABC approved training program related to preventing alcohol sales to underage or intoxicated individuals. ⁷

(This ordinance is based on Rochester, MN ordinance §810.60(12). See also Oregon Statute §471.542.)

We propose the penalties for violation of mandatory responsible beverage service training include the following:

1.For the first violation, a fine not exceeding fifty dollars ($50).

2.For subsequent violations, a fine not exceeding seven hundred ($700) dollars and suspension of the licensee's liquor license for twenty five (25) days.

1.       U.S. Department of Transportation: National Highway Traffic Safety Administration.  Preventing Over-consumption of Alcohol – Sales to the Intoxicated and “Happy Hour” (Drink Special) Laws (DOT HS 809 878) 2005.  Available at http://www.nhtsa.gov/people/injury/alcohol/pireweb/images/2240pierfinal.pdf  Accessed Mar 23, 2012.

Virginia ABC agents do compliance checks with establishments. However, each agent has hundreds of licensees to oversee.  To increase compliance with state law, we suggest adding a statement to each ABC manager on duty sign in each licensed establishment advertising the ABC Law Violation Crimeline.   Receiving tips from patrons, will help ABC agents focus efforts on problem establishments.  The following statement is an example:

“It is illegal in Virginia to serve intoxicated individuals or those under 21. To report an ABC Law Violation call 866-437-3155.” 

We also encourage the ABC to allow text a tip to increase the likelihood that patrons will contact the Crimeline.

Make Responsible Beverage Service Training mandatory in Virginia.

Training sellers and servers can help prevent excessive alcohol consumption, underage drinking and drinking and driving. Research shows that 50% of people driving under the influence had their last drinks at licensed establishments. Join the other 17 states that choose to protect their citizens by mandating responsible beverage service training.

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