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2019 Contributing Staff Task Force to Study State Alcohol Regulation, Enforcement, Safety, and Public Health Final Report Annapolis, Maryland February 2019 Contributing Staff Principal Staff to the Task Force Robert K. Smith Richard L. Duncan Andrew M. Lantner Nathan W. McCurdy David A. Smulski Reviewers Laura H. Atas Sara C. Fidler Other Staff Who Contributed to This Report Brett Ogden Nancy Scaggs Kelly Seely For further information concerning this document contact: Library and Information Services Office of Policy Analysis Department of Legislative Services 90 State Circle Annapolis, Maryland 21401 Baltimore Area: 410-946-5400 ● Washington Area: 301-970-5400 Other Areas: 1-800-492-7122, Extension 5400 TTY: 410-946-5401 ● 301-970-5401 Maryland Relay Service: 1-800-735-2258 Email: [email protected] Home Page: http://mgaleg.maryland.gov The Department of Legislative Services does not discriminate on the basis of age, ancestry, color, creed, marital status, national origin, race, religion, gender, gender identity, sexual orientation, or disability in the admission or access to its programs, services, or activities. The department’s Information Officer has been designated to coordinate compliance with the nondiscrimination requirements contained in Section 35.107 of the Department of Justice Regulations. Requests for assistance should be directed to the Information Officer at the telephone numbers shown above. ii vi Maryland General Assembly Task Force to Study State Alcohol Regulation, Enforcement, Safety, and Public Health 2018 Membership Roster Chapter 25 (House Bill 1316) of 2018 D. Bruce Poole, Chair Tim E. Braue, Governor’s Appointee Member of the Public Member of the Public The Poole Law Group Nemphos Braue LLC Senator Joan Carter Conway Delegate Benjamin F. Kramer Majority Party Representative Majority Party Representative Senator Gail H. Bates Delegate Warren E. Miller Minority Party Representative Minority Party Representative Webster Ye Lt. Colonel Frank B. Lioi Designee of Secretary of Health Designee of Secretary of State Police Chuck Ferrar Hugh Sisson Maryland State Licensed Beverage Association Manufacturer Representative Representative Heavy Seas Beer Bay Ridge Wine & Spirits Eric Best Mike Scheuerman Distributor Representative Retailer Representative Bob Hall, LLC Friendship Wine & Liquors Cindy Mullikin Shelby Watson Craft Brewer Representative Winery Representative Mully’s Brewery Robin Hill Winery Ismael Vince Canales Raimee Eck Local Law Enforcement Maryland Public Health Association Member Fraternal Order of Police Maryland State Lodge David H. Jernigan Gene M. Ransom, III Public Health Researcher with Alcohol Policy Expertise Department of Liquor Control Administrator Boston University School of Public Health Commissioner, Queen Anne’s Co. Liquor Board Rhamin Ligon Lisa Spicknall Medical Community Representative Mothers Against Drunk Driving University of Maryland Medical System Richard Duncan, Andrew Lantner, Nathan McCurdy, Robert Smith, and David Smulski Task Force Staff v vi Contents Letter of Transmittal ..................................................................................................................... iii Roster ............................................................................................................................................ v Executive Summary ...................................................................................................................... ix Report ............................................................................................................................................ 1 Minutes September 12, 2018 ........................................................................................................... 5 October 16, 2018 ................................................................................................................ 9 November 27, 2018 .......................................................................................................... 15 January 7, 2019 ................................................................................................................ 22 Appendices Chapter 25 of 2018........................................................................................................... 39 Proposed Recommendations ............................................................................................ 43 Adopted Recommendations ............................................................................................. 49 Study by Dr. Timothy S. Naimi, et al. ............................................................................. 53 vii viii Executive Summary Background and Charge At the second meeting held on October 16, 2018, the task force heard from Chapter 25 (House Bill 1316) of 2018 State and local regulators and representatives established the Task Force to Study State of the alcohol license holders on their Alcohol Regulation, Enforcement, Safety, functions and public health responsibilities. and Public Health. The purpose of the task Mr. Jeffrey Kelly, Director of the Field force was to review whether the State agency Enforcement Division of the Office of the that is now charged with regulating alcoholic Comptroller, spoke about the structure of the beverages in the State, the Office of the division, its oversight and enforcement Comptroller, is the appropriate agency or activities, cooperation with local boards and whether that function should be assigned to law enforcement, and public health-related another State agency or to one created initiatives of the division. Ms. Kathy Durbin, specifically to carry out these tasks. Among Chief of the Montgomery County the factors to be considered in the review Department of Liquor Control, presented were the public health, developments in the information on licensing in Montgomery law relating to alcohol, changes in the alcohol County, the function of the county dispensary industry, and economic development. The system, enforcement and interagency task force was expected to review the cooperation, and the impact of public health regulatory structure for alcoholic beverages on county alcohol regulation. in the State and elsewhere in the nation, Ms. M. Pilar Gracia, Administrator of the review public health impacts of alcohol use Harford County Liquor Control Board, spoke and abuse, review economic issues relating to about similar but smaller-scale operations in alcohol regulation, and develop Harford County. Alcohol license holders in recommendations to submit to the General each of the three tiers: distribution; Assembly. manufacturing; and retail sales presented information on how they function with State Meetings and local regulators and how public health considerations intersect with their operations. Starting in fall 2018, the task force met Of particular concern to the task force was the four times. At the first meeting on failure of the authorized positions in the Field September 12, 2018, the task force discussed Enforcement Division to keep pace with the the charge and the plan for doing its work. significant increases in the number of The meeting presented an orientation for licensed outlets over the past decade, as alcohol regulation in Maryland and public confirmed by division staff. health considerations surrounding alcohol use. Staff of the Department of Legislative The task force’s third meeting, held on Services gave an overview of the State and November 27, 2018, provided an overview of local regulatory system of licensing and national alcohol regulation and regulatory enforcement in the State. Two of the public best practices. Mr. Steven Schmidt and health members of the task force, Mr. J. Neal Insley of the National Alcohol Dr. David Jernigan and Dr. Raimee Eck, then Beverage Control Association provided an presented on the epidemiology of alcohol use historical overview of alcohol regulation in and problems in Maryland and on the public the nation since the repeal of Prohibition and health perspective on the alcohol industry. described various models of regulatory oversight across the country. The task force ix then heard a presentation on regulatory best public through resource sharing and practices in an effort to balance public safety information sharing on the health impacts of and economics from Ms. Pamela Erickson of alcohol uses and abuse and for coordinating the Campaign for a Healthy Alcohol outreach and enforcement among State and Marketplace. The meeting concluded with a local licensing jurisdictions and law review of policy options based on the enforcement agencies. testimony received and the discussion in the task force meetings. Members were Structural and Administrative encouraged to develop specific proposals for the task force to take up at its final meeting. • increasing positions in the Field Enforcement Division; The task force’s final meeting was held • consideration of “place of last drink” on January 7, 2019. The meeting started with tracking and information sharing; a morning session during which the task force • prohibiting all alcohol regulators and reviewed 39 specific proposals in many elected officials on State and local levels policy areas presented by the chair, public from accepting donations from the health members, and industry members. alcohol, tobacco, or motor fuel industries; During the afternoon session, the task force • larger and more conspicuous labeling of debated each proposal and voted on all that certain alcohol products; were not withdrawn by the sponsor. In all,
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