ABC Community Advisory Council Meeting Minutes

South Region - Richmond North and South

June 4, 2009 Meeting

The Community Advisory Council meeting for the South Region (Richmond area) was held at the headquarters office building of the Virginia Department of Alcoholic Beverage Control in Richmond on Thursday, June 4, 2009. The meeting was facilitated by Special Agent in Charge (SAC) Donnie Brown of the Richmond South Region and assisted by Assistant Special Agent in Charge (ASAC) Robert Owens of the Richmond North Region.

SAC Brown opened the meeting thanking the council for coming. He introduced ASAC Robert Brown who is assisting the region, and briefed the council on the ABC Board, which includes Commissioners Esther Vassar, Susan Swecker and newly appointed Franklin Hall.

Community Attendance

The representatives from the community were as follows: Ms. Jill Hunt and George Peyton, Retail Merchant Association; Denise Miller, VP w/ Retail Mercury Alliance and on board of Commonwealth Parenting; Dr. Sylvester Smith, Pastor of Good Shepherd Baptist Church; Brian White, Owner/Developer in the Shockoe Bottom area; Charles Macfarlane, Macfarlane & Associates, developer for the downtown area; Daryle Stanley, Captain with Hanover County Sheriff's Office; Lt. Capriglione, Richmond Police Department; Dr. Robyn Lacks, VCU; John Leonard, Robert Dawson, Tara Garland, Community Development Specialist; Bernie Bottoms, ABC Retail; and Regina Whitsett, ABC Education.

New Business

Legislative Update

Director Monahan gave a legislative update; the bills are posted on the Community Advisory Council Web page. Last year there was a request from the General Assembly to look at all ABC laws and regulations. They tabled this bill, but what has come out of this is the creation of a sub-committee to review ABC laws. They have met five times this year. One major area of study was the food-liquor ratio. A two-year pilot program was then launched for mixed beverage licensees to look at the 45/55 ratio.

HB 2523, Lewd and Disorderly Conduct: We now have the ability to go to the parking lots or adjacent areas where much of the lewd and disorderly conduct is taking place and link it to the establishment, working closely with the local police department.

We were required on first-time violations to create a schedule of penalties that can be waved, provided no other history, etc. is evident. We should have the schedule by July 1st.

Budget Update

Director Monahan gave a budget update. Last year we were asked to cut three to four percent of the budget. The General Assembly then asked for more revenue, which caused us to cut our expenses again. Last year we were basically double cut. This year, we were exempt from the budget cuts, but still need to watch spending.

Regional Realignment

We are in the process of regional realignment. We have realigned our regions to mirror Homeland Security and State Police regions. This will help in enabling our Homeland Security and State Police to make one call if needed on one channel and be in contact with all Enforcement for that region. We have combined our Richmond North and South to one region, which has caused us to consider creating an office in the Fredericksburg area. Since our last meeting, we have promoted three individuals to SAC positions. We are currently at the lowest turnover rate in years, with 86 special agents in the state of Virginia. Each agent carries about 175 licensees. We have a total of 150 personnel, authorized at 157 currently. In pervious years we have been authorized for up to 204 positions.

Discussion

The Director took questions before turning the meeting over to SAC Brown. There was discussion on HB 2523 and how to enforce it. What can we do with establishments that are in violation? Answer: Bring it to our attention. Neighbors can attend the hearings. Our agents can say we have representation from the community.

Director Monahan said the council meetings will be run by the SACs of the region, and that he will be at each of the meetings to answer any global questions anyone may have, but will leave it to the SACs in the regions to answer any specific questions.

Old Business

The "old business" will review the comments/suggestion from previous council meetings and what we have done with those suggestions.

Can we modify or change the posting system; it looks the same as all other permits, etc.?
- We presented three separate postings, each one formatted a little differently. We asked the council's opinion/feedback on the postings shown. The South Region's consensus was black outline with white letters. This will be taken to our Standards Committee.

Notification of Recent Decisions

SAC Brown spoke of recent decisions of interest:

Dreamz Restaurant & Lounge
- Multiple Charges: After Hours Sales and Consumption; Illegal Use and Sale of Controlled Substances; Financial Responsibility; Employing Convicted Felon.
- Results: Revoked - licensee surrendered license; business closed.
Have A Nice Day Cafe
- Charge: Allowed underage to consume alcoholic beverages
- Results: 25 days suspension or payment of Civil Penalty of $2,500
- Civil Penalty paid
Illuzion Sports Bar & Grill
- Charge: Failed to meet food ratio 45 percent of gross receipts from 2007-2008
- Details: Licensee sold 26 percent food and 73 percent in alcoholic beverages
- Results: Revoked - not qualified as a restaurant
Tonys Market
- Charge: Sold alcoholic beverage to underage person
- Result: $2500.00 first offense

Review of New Laws and Regulations

SAC Brown and ASAC Owens

HB2051
- Establish a schedule of offenses for which any penalty may be waived upon a showing that the licensee has had no prior violations within five years immediately preceding the date of the violation.
- No waiver shall be granted by the Board, however, for a licensee's willful and knowing violation of this title or Board regulations.
HB2523
- Failed to take reasonable measures to prevent (i) the licensed premises,
- (ii) any premises immediately adjacent to the licensed premises that are owned or leased by the licensee, or
- (iii) any portion of public property immediately adjacent to the licensed premises from becoming a place where
- patrons of the establishment commit criminal violations ...
- and such violations lead to arrests that are so frequent and serious as to reasonably be deemed a continuing threat to the public safety
HB2597
- Require off-premises retail licensees to place any premixed alcoholic energy drinks containing one-half of one percent or more of alcohol by volume in the same location where wine and beer are available for sale within the licensed premises.

Media Talk - Motorcycle Gangs

Code 4.1-225
- Grounds for which Board may suspend or revoke licenses
- h. Has maintained the licensed premises in an unsanitary condition, or allowed such premises to become a meeting place or rendezvous for members of a criminal street gang as defined in § 18.2-46.1 or persons of ill repute, or has allowed any form of illegal gambling to take place upon such premises

Open Discussion

Update on Amethyst Initiative: Denise Miller - At the present moment, there are 135 colleges signed on, which has captured media attention; 95% of colleges are ignoring the initiative. In the area, the president of Virginia Tech has signed. Video on a college student's take on the initiative was shown.

Energy Drinks: The sale of energy drinks with alcohol; will they be separated in the stores vs. the regular energy drinks? In the Sheetz, they are separated, but we are not sure if all licensees do the same. It will be up to training. Is there something we can put on the Education Web site?

Hazing: The president of Commonwealth Parenting, Denise Miller, brought brochures from her organization, and also mentioned a "haze" movie made by an individual whose friend was killed by hazing and binge drinking. If you are interested in viewing this, please let her know.

SAC Brown asked for suggestions from the Council. Suggestion: Request the Council's involvement in policy decisions before they become policy; would be more than willing to offer opinions.

Question: Can the coalitions across the state have access to the CAC message board?

SAC Brown and ASAC Owens thanked all for their participation and looked forward to the next meeting. Next suggested meeting date: Thursday, December 3, 2009.

The meeting was adjourned at 4:30 p.m.