ABC Community Advisory Council Meeting Minutes

East Region - Hampton and Chesapeake

March 6, 2009 Meeting

The East Region's Community Advisory Council (CAC) meeting was held at the Virginia Department of Alcoholic Beverage Control (ABC) office building in Chesapeake on Friday, March 6, 2009. The meeting was facilitated by Special Agent in Charge (SAC) Leon G. Coleman of the Chesapeake Region and SAC Robert M. Brooks of the Hampton Region.

SAC Coleman welcomed all the council members. He introduced ABC Bureau of Law Enforcement Director Francis J. Monahan who gave a welcome message to all the council members and thanked them for their time and commitment. Director Monahan was surprised at the attendance and noted a need to review days and the notification process.

Legislative Review

Director Monahan reviewed legislation for ABC issues: HB #2627, a new pilot program to review the food-to-liquor ratio policy; and SB 1445, the location of sale for a shipper's license, mainly for wine of the month clubs and house wine sales.

Director Monahan also reviewed the "lewd & disorderly lawsuit" from August 2007. Litigation was brought against ABC stating that the language in various sections of the Code referencing "lewd, disorderly and noisy" conduct was too vague. It is now with the Attorney General to re-write the law. We can now enforce the law.

Budget and Hiring Review

A budget update was presented to the council. Seven special agents were hired. In previous years the hiring pool was open to everyone. In fact, last year when an opening was advertised, 2,600 applied. This year, qualifications include Certified Police Officer training, which is expected to narrow the applicant field. This will help in our training.

Director Monahan asked for any questions or input from the CAC, and there was none. He then thanked the committee again for their time and turned the meeting over to SAC Coleman and SAC Brooks.

Community Attendance

SAC Coleman asked the Advisory Council Members from the community to introduce themselves. In attendance were: Mr. Mike Zingraff, Ms. Laurie Holcomb, Ms. Karen Scherberger, Sheriff Robbins, Ms. Susan Milhoan, Ms. Cindy Hall, Ms. Angela Freeman and Ms. Kathy Grook.

Reviewed Old Business

ASAC Clyde Santana reviewed the following issues brought forth at previous CAC meetings:

• Shipping Carriers: Does ABC check shipping carriers? There is a team out of Richmond that does spot check the carriers and shippers to make sure they are following delivery procedures, i.e. adult signature at delivery, winery licensed to deliver in Virginia, etc.
• Public Posting Process: Requested East CAC's opinion as to whether ABC postings should appear on white paper or a different color paper, so as to be best seen from the road/sidewalk. The posting process is being reviewed. The East CAC prefers white paper posting.

New Business

The City of Hampton is under the biggest re-development in the Peninsula area, driven by restaurants. We would like to get the developer and the agent in the Hampton area together to start on the right foot, have the employees trained and meet their ABC agents. Our goal is to get ahead of the curve instead of behind it.

Hearings Decisions and Charges

SAC Brooks discussed a recent hearing, The Alley, in the city of Hampton. There is a safety issue, several hearings and a number of charges, including a murder in March. The license was revoked. There was a question from a CAC member as to whether the establishment is in line with the food-alcohol ratio. Yes, they are in check as stated in their MBAR report. The establishment shares a parking lot with other establishments, which means they are still responsible for activity. It is located in a strip mall. Question: is there something the retailers could do to prevent gatherings in the parking lots? We do not have anything in writing, but security and police presence need to be there.

Open Discussion

Discussion continued on the retailers' responsibility once the establishment is closed for the night. How do you keep clients from hanging out in the parking lot?

There was some discussion on the Night Club Task Force that meets once a month with licensee owners, ABC agents and police. Some areas play classical music in the parking lots and in neighborhoods where there is loitering. One area had a problem with people dumping; they painted an eyeball on the wall, which deterred the activity.

Discussion turned to the economy, and how it is affecting retail and alcohol. People tend to spend their money on social events.

SAC Coleman and Brooks thanked everyone again for their input and attendance.

The meeting was adjourned at 2:55 p.m.

Next Meeting

The next suggested meeting date: Friday, August 21, 2009.