ABC DEBRIEFER COMMITTED TO SERVING OUR COMMUNITIES Volume 12, Issue 3 January - March 2008 LOS ANGELES POLICE DEPARTMENT OPERATION ABC Detective Support and Vice Division EEFT Fines $152,250 / ABC Arrests 1480 OWB Task Force Enforces Labor Laws + A Multi-agency Approach to Crime Prevention ith the assistance of Wilshire and West Los Angeles Area vice, Operation ABC conducted a multi-agency Employment Enforcement Task Force (EETF) in Operations-West Bureau on January 18, 2008. Inspectors from Wthe California Department of Industrial Relations (DIR) and Employment Development Department (EDD) assisted LAPD personnel with the inspection of five licensed ABC premises and an adult entertainment location. Locations targeted during the task force operation were alleged to be violating state labor laws and deriving illegal income from an underground economy created through their failure to adhere to laws designed to protect employees.
All fines issued by DIR or EDD personnel related to violations of state labor laws pertaining to workers' compensation issuance requirements, appropriate wage documentation and minimum wage violations. Locations inspected and found in violation included: Byblos restaurant, 1964 Westwood Boulevard, Los Angeles, fined $28,250; Silver Reign Gentlemen's Club, 11908 Mississippi Avenue, Los Angeles, fined $9000; Cottage, 5050 West Pico Boulevard, Los Angeles, fined $3,000; Baccus, 4159 West Pico Boulevard, Los Angeles, fined $18,500; Simple, 3208 West 8th Street, Los Angeles, fined $7,000; and Live City 4001, 4001 West 6th Street, Los Angeles, fined $6,000.
This extremely successful operation concluded with the issuance of $71,750 in EETF fines and the arrest of two individuals for permit violations. Five of the locations inspected were ordered closed by EETF personnel pending the acquisition of valid workers' compensation issuance. Not only do EETF operations provide enforcement options to deal with irresponsibly operated locations, but through their use, significant gains are made in reducing the underground economy while leveling the playing field between competitive businesses by insuring that workers' rights are protected.
OPERATION ABC OFFICER IN CHARGE Detective III Rick McElroy
ABC COORDINATORS Sergeant II Lifernando Garcia Sergeant II Steve Moore
Operation ABC Detective Support and Vice Division Los Angeles Police Department 251 East 6th Street, Room 332 Los Angeles, CA 90014 (213) 972-2500 (213) 626-6928 (fax)
POLICE WORKING WITH POLICE: West LA Vice Sergeant Ronald Crump and Web Page: www.LAPDOnline.org Officer Siamone Bangphraxay assist State labor investigator with interview of Search: Vice Division Byblos restaurant (1964 Westwood Boulevard, Los Angeles) kitchen employee during OWB task force. A Valued Member of the Department Retires + A Legacy of Excellence
n January 31, 2008, Lieutenant II Gregory Correa retired after more than 37 years of dedicated service with the Los Angles Police ODepartment. Lieutenant Correa honorably served both the Department and citizens of Los Angeles throughout his career and was an extremely strong supporter of ABC enforcement. His management style and daily working relationship with Operation ABC allowed tremendous gains to be made at reducing ABC-related crime in the San Fernando Valley.
Lieutenant Correa began his career with the LAPD in February 1968, as a Reserve Officer assigned to Rampart Area. On November 2, 1970, Lieutenant Correa entered the Police Academy and began his career as a sworn officer. Upon completion of the academy his assignments include: Hollenbeck Patrol, Rampart Patrol, West Los Angeles Patrol, Communications Division, Bureau Special Investigations and Training Division.
Promoting to the rank of Sergeant in August 1981, his assignments include: Pacific Patrol, DARE, Internal Affairs Division, and Anti Terrorist Division. DEDICATED SERVICE: Lieutenant Greg Correa retires after 37 years of commitment to the LAPD and citizens of the City of Los Angeles. In October 1998, Sergeant Correa was promoted to the rank of Lieutenant. He was initially assigned to Devonshire Patrol Division as a watch commander and later transferred to Van Nuys Area to oversee Detective operations. During the last five years of his career, Lieutenant Correa was assigned as the Vice Coordinator for Operations-Valley Bureau (OVB) where he remained until his retirement. Through his leadership in this capacity, OVB vice personnel were awarded the Department's Police Meritorious Unit Citation for their work at reducing vice-related crime in the San Fernando Valley during 2005.
The Los Angeles Police Department, as well as the citizens of Los Angeles, would like to extend their thanks to Greg for his 37 years of dedicationed service and loyalty he gave the men and women he served.
The vacancy caused by Lieutenant Correa's retirement has been filled by Lieutenant II Robert Marino. Lieutenant Marino has an extensive background in vice enforcement and will undoubtedly enhance the strong foundation of work product excellence of vice personnel established during Lieutenant Correa's tour as the OVB Vice Coordinator. OVB St. Patrick’s Day Enforcement Operation n March 17, 2008, Operation ABC coordinated an ABC enforcement operation aimed at reducing DUI and alcohol- related crime problems at Operations-Valley Bureau (OVB) on-sale licensed locations. Specifically targeted were Othose locations that have been known to promote St Patrick's Day celebrations or have had a history of past alcohol-related problems associated with the holiday festivities. Eleven ABC locations were operated during the late afternoon and evening operation, resulting in three arrests at two locations.
An intoxicated driver was arrested for DUI by point officers, after he was involved in a single vehicle traffic collision in front of Pickwick Pub (21010 Ventura Boulevard, Woodland Hills). The driver had just left the pub and lost control of his motorcycle as he over-accelerated from the curb in front of the location. Apparently, other patrons had unsuccessfully attempted to stop the driver from leaving the location due to his level of intoxication. (Continued page 3) 2 St. Patrick’s Day Continued from page 2
A bartender at Paolis Pizzeria (21020 Ventura Boulevard, Woodland Hills) was arrested after he furnished an alcoholic beverage to an obviously intoxicated patron. Undercover officers observed the drunken patron earlier in the evening as he was ejected from Pickwick Pub due to his level of intoxication. The individual's level of intoxication was increased due to his excessive alcohol consumption combined with multiple anti-anxiety medications.
The results of any ABC task force at reducing alcohol-related crime are extremely difficult to quantify. However, the absence of fatal or serious injury DUI traffic collisions as report by Valley Traffic Division would suggest that the OVB St. Patrick's Day ABC task force did benefit the community. The limited number of arrests would also suggest that a majority of the bars operated were indeed conducting business in a responsible manner. 53 Arrested in City-wide Shoulder Tap Operation + Multi-agency Partnership Draws Media Attention
REDUCING ALCOHOL AVAILABILITY: A minor decoy working with the West Los Angeles vice unit (left) solicits two adults in front of Mobil Gas and Mini Market (15281 West Sunset Boulevard, Pacific Palisades). The responsible adults refuse the decoy’s request for alcohol and chastize him for making the solicitation. (Right) KNX- 1070 reporter, John Baird, conducts a follow-up interview with adult taken into custody during Newton Area shoulder tap operation at Pee Wee Jr. Market (5323 South Broadway, Los Angeles).
n March 15, 2008, Operation ABC coordinated a City-wide Decoy Shoulder Tap Operation as part of a multi- jurisdictional operation facilitated by the Los Angeles County Sheriff's Department (LASD). A total of 13 police Oagencies from throughout Southern California and the Department of ABC were involved in the task force operation and conducted shoulder tap operations in their respective communities. The operation was conducted in 20 different cities in Los Angeles, Orange, San Diego and Santa Barbara Counties to reduce youth access to alcohol during the St. Patrick's Day Holiday weekend and send a strong safety message to underage students prior to spring break activities.
LAPD Area vice units conducted operations outside of 63 ABC licensed locations in an attempt to curtail the furnishing of alcoholic beverages to underage individuals. A total of 562 adults were solicited within the City of Los Angeles resulting in the arrest of 53 individuals. This represents approximately 50 percent of the total work product of all involved agencies and speaks volumes as to the involved officers' commitment at reducing alcohol-related crime. The LAPD portion of the operation resulted in overall compliance rate of 91 percent which is consistent with our 2007 compliance rate. This was the first time LAPD and LASD worked together in such a large state-wide operation that was covered by numerous media outlets. Due to the success of this operation, similar multi-agency projects with be incorporated into future Operation ABC endeavors aimed at curtailing the accessibility of alcoholic beverages to underage individuals. 3 Operation ABC Provides Training to Korean Business CONNECTING WITH THE COMMUNITY: Korean speaking licensees from the mid-Wilshire Area participate in a bilingual STAR presentation conducted by Operation ABC at the Operations-West Bureau community room in March 2008. Community peration ABC conducted a Korean Standardized Training for Alcohol Retailers (STAR) presentation at the Operations-West Bureau Community Room, on March 6, 2008. STAR presentations are specifically designed to Oprovide Alcoholic Beverage Control (ABC) retailers and their employees with training regarding the rules and regulations governing the sale and service of alcoholic beverages. Eighty non-English speaking ABC retailers from the mid- City area attended the presentation and were enlightened regarding their responsibilities when dispensing alcoholic beverages. Several Korean media outlets attended the training including: Korean Television (TVK), the Korean Times, the Korean Daily News and a local Korean radio station. This training was conducted on an out-reach basis to address the needs of the Korean community.
Police Officer Jimmy Yoo, Detective Support and Vice Division, assisted with the STAR presentation by acting as a translator. In this capacity, Officer Yoo was invaluable and Operation ABC would like to extend their appreciation for his assistance. Not only did he translate the four-hour presentation from English to Korean, but he also used his mastery of both languages to clarify the concerns of those in attendance during in-depth question and answer periods.
During the first quarter of 2008, Operation ABC has conducted 16 STAR presentations which have provided valuable training to 601 retailers and their employees. This represents a 12 percent increase in total number of presentations and a 24 percent increase in attendance over our 2007 year-to-date statistics. These presentations include one Korean and two Spanish speaking presentations. AROUND TOWN A Look at What’s Happening . . .
+ Health Department Assists with Northeast Area Investigations
The Los Angeles County Health Department, along with Operation ABC, assisted Northeast Vice with investigations at several Area problem premises, on April 3, 2008. Due to unsanitary conditions, Health Department inspectors were forced to close two of the three locations targeted for inspection during the evening operation.
Dusty's Bar (6317 York Boulevard, Los Angeles) was closed due to vermin infestation and a lack of hot water. The Guatelinda Night Club (4916 Hollywood Boulevard, Los Angeles) was closed due to vermin infestation, evidence of raw sewage leakage in the bathrooms and a lack of hot water. Management of both locations was ordered not to reopen until corrective actions had been completed and the closure orders were rescinded by Health Department officials. The Guatelinda Night Club was the site of a recent multi-five victim shooting and has been identified by the Northeast Area vice unit as one of its “Top Ten Percent Vice Problem Locations.” (Continued page 7) 4 AROUND TOWN Continued . . .
+ Hollenbeck Area Bar Receives License Suspension
On April 2, 2008, Detective Juan Rodriguez (Piracy Section, DSVD) attended an ABC hearing against the Chapala Bar (3130 East Olympic Boulevard, Los Angeles). The hearing was a result of an accusation based on multi-agency narcotics investigation involving Department of ABC, Hollenbeck Area vice and DSVD personnel. At the hearing, the licensee, Andres Menese, waived his right to a hearing and stipulated to a 72-day suspension of his ABC license and a revocation order stayed for a three-year period. This location has had an extensive history of irresponsible operation and ABC violations relating to intoxicated service, minor service and illegal solicitation violations. It is anticipated that the suspension of the location's privilege to sell alcoholic beverages will undoubtedly benefit the surrounding business and residential communities by reducing alcohol-related crime. + Adult Entertainment Investigations
Operation ABC is actively working on suppressing the increase in unauthorized adult entertainment activity at licensed ABC locations throughout the City. A formal vice complaint in Devonshire Area was recently closed as a result of multiple arrests being facilitated at the adult entertainment location (Sunny's Saloon, 20933 Lassen Street, Chatsworth). Task force operations coordinated by Operation ABC resulted in the arrest of two bartenders for serving alcoholic beverages to a minor, a minor in possession of alcohol violation and the arrest of an underage female dancer for battery on a police officer after she refused to cooperate during the investigation and struck a uniformed PED officer. A second task force operation resulted in the arrest of the manager and 11 patrons for gambling during a regularly scheduled pool tournament. + Fatal Traffic Collision Prompts ABC Investigation
Responding to a fatal traffic collision involving an intoxicated patron last seen drinking at a Devonshire Area Pizzeria (Chi Chi's Pizza, 9080 Tampa Avenue, Northridge), Operation ABC assisted the Area vice unit in coordinating a month-long investigation at the location. Multiple undercover operations were conducted by Devonshire Area vice and Operation ABC. At the conclusion of the investigation, officers were unable to substantiate that any violations were occurring and the complaint was closed. As a preventative approach, the management and staff were referred to Operation ABC and offered STAR training. + Drunk Decoy Program
Operation ABC continues to utilize the Drunk Decoy program to test server's ability to recognize objective symptoms of intoxication and reduce inappropriate alcohol beverage services. Since 2001, when Operation ABC incorporated the Drunk Decoy program into the ABC grant goals, we have seen a marked improvement in server abilities to identify and take action against drunks being served the last drink prior to them leaving in an intoxicated state. In 2001, our test compliance rate was 42 percent. At the end of 2007, the compliance rate has improved to 80 percent. Compliance rate increases can be directly attributed to a combination of the Drunk Decoy program and regular training presentations aimed at educating business operators and their staff in proper methods of alcohol beverage service. During this period, three drunk decoy operations were conducted with the inspection of 44 licensed locations, resulting in 20 services (55 percent compliance). The three operations conducted year-to-date represents 37 percent of our yearly goal of 8 total operations to be conducted on a Citywide level. + Minor Decoy Operations
During this quarter, Operation ABC supervised 16 Minor Decoy Operations with the inspection of 216 licensed ABC establishments. Of the 216 locations visited, 36 sold the undercover decoys alcohol revealing an 83 percent compliance rate. A further statistical breakdown of violations revealed a 76 percent compliance rate at on-sale licensed establishments (79 checks with 19 violations) and an 87 percent at off-sale licensed locations (137 checks with 17 violations). 5 Working to TARGET Tobacco Offenders + A Partnership Designed to Educate
peration ABC and FEU-OCB collaborated with the Los Angeles City Attorney's Office and the academic staff of Roosevelt High School (456 South Matthews Street, Los Angeles) to provide training for Hollenbeck Area retail store Oowners. On April 1, 2008, a modified STAR training presentation was provided to store owners conducting business in the vicinity of schools with a high frequency of daytime student patronage. The training focused on preventing the illegal sales of alcoholic beverages and tobacco products to underage minors. This is part of the Teens and Retailers Getting Educated on Tobacco (TARGET) program coordinated by the Los Angeles City Attorney's Office. Operation ABC will continue to assist in this program through additional prevention and enforcement operations. Operation ABC is currently working with the City Attorney's Office to secure ultra-violet equipment that can be used to identify counterfeit tobacco products during ABC premise inspections. back-bar inspection Trends, tips, and useful information . . . he “back-bar inspection” portion of our newsletter is designed to provide law enforcement personnel and our stakeholders with up-to-date information on alcohol-related crime trends, enforcement tips, and additional information Tthat may be useful in enhancing ABC investigations. Although this section is specifically written for the purpose of increasing officer awareness and reducing alcohol-related crimes, it will also enlighten all readers as to what is new in terms of our response to irresponsible alcoholic beverage sales, service, and consumption.
Quality Through Continuous Improvement is a Los Angeles Police Department (LAPD) Core Value which serves to mandate constant re-evaluation of investigative techniques and related incident documentation. This edition of the ABC Debreifer will address arrest report deficiencies identified in the service of alcoholic beverages to obviously intoxicated individuals. Errors were identified by Operation ABC staff through a review of multiple arrests reports which failed to meet the minimum Department of ABC filing standards.
Every state has criminal liabilities for individuals who over-serve alcoholic beverages and California is no exception. Under California law, Section 25602(a) of the Business and Professions Code (BP), it is a misdemeanor for any person to sell, furnish, or give away an alcoholic beverage to an obviously intoxicated individual. For officers assigned to ABC enforcement details, an intoxicated service violation can be an extremely complex investigation. Simple investigative techniques and proper documentation can insure that these violations will withstand criminal and administrative review and receive appropriate ABC sanctions.
Investigating officers must realize that a strong intoxicated service violation is much more than a drunk in a bar, who is served an alcoholic beverage. Understandably, officers must first identify the intoxicated person or patron. The level of intoxication must be obvious and therefore will exceed the standards necessary to establish other alcohol-related violations such as driving under the influence of an alcoholic beverage (DUI). Common identifiers of intoxication (i.e. a strong odor of an alcoholic beverage on or about the person, red, watery, blood-shot eyes, slurred speech, disheveled clothing, unbalanced and poor coordination, the use of inanimate objects or other patrons for support or balance, spilled drinks, loud and boisterous demeanor, etc.) can be used by officers to initially locate the obviously intoxicated person.
Many reports reviewed by Operation ABC revealed that officers painstakingly documented the actions of the intoxicated patron and there was little doubt that the person in question was indeed intoxicated. Unfortunately, the involved officers (Continued page 7) 6 back-bar inspection Continued from page 7 failed in many cases to articulate that the server was also aware of the objective symptoms of intoxication. Remember, to establish a violation, the level of intoxication must be clear to the point that the server has knowledge or should have knowledge that the person is obviously intoxicated prior to receiving an alcoholic beverage. As an investigative aid, officers should remain cognizant that to establish knowledge, actions of the intoxicated patron should provoke a reaction on the part of the potential server. Examples: An obviously intoxicated patron fumbling with coins and having difficulty counting change, is assisted by the bartender who counts out the correct money; a bartender laughs after witnessing the obviously intoxicated patron slip off his barstool and fall to the floor; or officers overhear the clerk verbally inquire into the patron's condition and ask if he is driving? These are factors that can be employed to determine that the server has knowledge of the level of obvious intoxication.
Proximity should be used to assist officers in establishing violations in cases where the server should have knowledge regarding a person's level of obvious intoxication. The closer the intoxicated patron is to the server, the easier it is to establish this type of violation. If close proximity is a determining factor, officers should also reference the length of time that the intoxicated patron is in the server's presence. It would be unrealistic that a server should have knowledge that a person is obviously intoxicated if the patron staggers up to a crowded bar and is served an alcoholic beverage while briefly in the bartender's view. Contrast this scenario with an incident involving a drunken patron sitting at a bar for 20 minutes displaying multiple symptoms of obvious intoxication while the bartender talks with patrons on either side of the drunken individual. In the second scenario, due to the close proximity and the length of time, it is clear that the server should have knowledge that the person is obviously intoxicated.
It is extremely important that the level of intoxication is determined prior to the service. The determination is necessary in both an officer's field investigation and in the incident documentation. Arrest report verbiage should contain reference to the fact that investigating officers formed the opinion that the patron was obviously intoxicated and should not have been given any additional alcoholic beverages prior to the service. To simplify report writing, officers should delineate this fact in a separate paragraph after their observations establishing obvious intoxication and basis of server knowledge, but prior to recordation of the actual service.
Criminal filing requires a minimum level of intoxication and can be established by having the obviously intoxicated individual provide a breath sample that can be used to establish his/her blood/alcohol content. Administrative accusations filed against the licensee by the Department of ABC have substantially different elements and courts have held that blood/alcohol tests are inadmissible to prove obviousness of intoxication. In administrative cases only the officer's observations of the objective symptoms of obvious intoxication prior to the service have evidential value.
Since the service of an alcoholic beverage is a significant element of the violation, evidence gathering and related documentation of the chain of custody is essential. The alcoholic beverage must be taken into police custody and booked as evidence through the involved agencies established produces. Containers (i.e. bottles, cans, and glass tumblers) should be taken into police custody and booked as evidence along with a sample of the alcoholic beverage. Samples of mixed- drinks should be taken as soon as possible and be separated from any ice particles that may dilute the alcohol content upon melting. Should the involved beverage be fully consumed prior to the detention of the intoxicated individual, officers should obtain a representative sample from the premise's stock. Should this occur, officers should book the empty container and explain the circumstances in their arrest report and clearly delineate that it is a representative sample.
Officers should document the interior of the premise with as much detail as possible. This will assist officers in recalling the circumstances of the incident during an ABC administrative hearing months after the occurrence. Lighting, estimation of uninvolved patronage, presence of live entertainment or amplified music, can all be called into question and impact an officer's observational abilities. All reports documenting and intoxicated service violation should contain a diagram of the premise interior. Notations of the location of the server, obviously intoxicated patron, and officer's position of advantage all will assist an officer in recalling the incident and provide insight into the violation. 7