ABC DEBRIEFER COMMITTED TO SERVING OUR COMMUNITIES Volume 16, Issue 1 July - September 2011 LOS ANGELES POLICE DEPARTMENT OPERATION ABC Detective Support and Vice Division EETF Fines $40,000 / ABC Arrests 475 OPERATION ABC RECEIVES 16TH CONSECUTIVE GRANT Working to Enhance our Successes he California Department of Alcoholic Beverage Control (ABC) released the 2011/2012 Grant Assistance Program (GAP) recipients in July 2011 and awarded the Los Angeles Police Department (LAPD) its 16th consecutive grant. TAlcoholic Beverage Control Director Steve Hardy announced that a total of 46 agencies throughout California will be utilizing 2 million dollars to assist the Department of ABC to lessen the destruction that alcohol-related crime has on our communities. This year the LAPD received the maximum grant amount of $100,000.

As a direct result of the GAP grant funding over the past 16 years, the LAPD has developed one of the most progressive ABC education and enforcement programs in the nation. This local, state, and nationally recognized unit has developed numerous innovative programs that have provided education to retailers, increased compliance rates and greatly reduced alcohol-related crime on a Citywide level. They have been directly responsible for educating in excess of 25,000 retailers regarding their role in promoting the responsible distribution of alcoholic beverages and the closure of 99 problematic ABC- licensed locations. Programs developed by Operation ABC, such as Standardized Training for Alcohol Retailers (STAR), the Pseudo-intoxicated Decoy program, the Responsible ABC Retailer project and Corporate Partners Program, have been embraced and emulated by law enforcement agencies across the country.

Operation ABC personnel began the grant year by attending a three-day (July 19 - 21, 2011) conference in Sacramento, California. Sharing past successes, Operation ABC personnel provided training to conference attendees regarding the Pseudo-intoxicated Decoy program and the unique investigative techniques employed by the LAPD to combat the illegal solicitation of alcoholic beverages inside on-sale ABC licensed premises. The conference was also an excellent opportunity to network with agencies Throughout California and gain additional insight into methods of promoting OPERATION ABC COORDINATORS responsibilities retail ABC operations. Sergeant II Lifernando Garcia Operations-Central and South Bureau Sergeant II Steve Moore A key component to the success of past grants is Operation ABC's ability to Operations-West and Valley Bureau incorporate the modification of well established programs into an action plan Operation ABC designed to address identified ABC-related problems. This year's grant Detective Support and Vice Division Los Angeles Police Department application contained multiple mechanisms to focus on the problems 100 West 1st Street, Room 441 associated with alcohol-based energy drinks. It has been determined that Los Angeles, California 90012 many alcohol-based energy drinks have an appeal to underage individuals (213) 486-0910 (213) 486-0909 (fax) and are favored as the drink of choice to high school-aged youth unlawfully seeking alcoholic beverage products. To enlighten the retail community to For STAR training requests contact the problem associated with these products, a block of instruction pertaining your respective Geographic Vice Unit or Operation ABC to alcohol-based energy drinks will be added to the STAR core curriculum; minor decoy operations will be conducted at off-sale premises targeting Web Page: www.LAPDOnline.org these products; and an advisory addressing their identification will be Search: Vice Division disseminated to Los Angeles Unified School District (LAUSD) high schools on a Citywide level. (Continue page 2) ABC Grant Renewal Continued from page 1 The 2011/2012 grant will also continue our efforts at eliminating the illegal solicitation of alcoholic beverages inside on-sale ABC licensed locations. Premises found to be contributing to alcohol-related crime problems due to their association to this illegal activity will be identified and targeted on a frequent basis. A block of instruction pertaining to the illegal solicitation of alcoholic beverages has been incorporated into the STAR curriculum, and published advisories are available in Spanish, Korean, and English. It is anticipated that our continued educational and enforcement efforts toward curtailing the illegal solicitation of alcoholic beverages inside on-sale licensed premises will help reduce crime and enhance the safety of our communities. Working to Enhance the Community Commitment to Leadership

A Community Problems Unit Affair: Officer Michael Dickes (DSVD, CPU), welcomes participants to the first annual South Los Angeles Liquor Store Association Meeting.

he first annual meeting of the South Los Angeles Liquor Store Association was held at the Torrance Doubletree Hilton Hotel, on June 25, 2011. Prompted by his experiences working with the Community Problems Unit (CPU), Detective TSupport and Vice Division (DSVD), association founder, Ray Yun, facilitated the event as a means of sharing the lessons learned during an abatement investigation at his property (see “Abatement Generates Profits,” pages 6 and 7).

During the opening presentation, Yun enlightened the audience with his battles with City government after he unknowingly purchased property that was the subject of a nuisance abatement action. His initial thoughts were to fight the action; however, after careful reflection, Yun decided to invest in his newly acquired business (Pee Wee's Liquor), instead of paying the mounting legal costs to defend a pending civil case. In addition to enhancing his business and generating increased profits, a byproduct of the abatement investigation was the development of an extremely strong partnership with the DSVD, and the Community Problems Unit. Police Officer Michael Dickes (CPU, DSVD) became a guiding force in aiding Yun through the abatement process. The positive working relationship between Yun and Officer Dickes became the catalyst in Yun's forming of the South Los Angeles Liquor Store Association.

Guest speakers at the event included the Honorable Janice Hahn, Los Angeles City Councilmember, 15th District, Los Angeles City Attorney Carmen A. Trutanich, and Carson City Mayor Jim Dear. Representing their respective municipalities, the three speakers addressed issues important to community growth and developing new business opportunities that can have a positive impact on surrounding neighborhoods. The esteemed speakers delivered a unified message of enhancing existing partnerships with local government to 200 retailers. Combined with Yun's experiences with the abatement process, the overall theme of the first annual meeting was one of business enhancement through personal responsibility and cooperation with local government.

Operation ABC would like to commend Officer Dickes for his individual role in making the first annual meeting of the South Los Angeles Liquor Store Association a tremendous success. Without his guidance and assistance, this endeavor would not have been feasible. Officer Dickes' approach to problem solving not only eradicated community concerns associated with a problematic liquor store; but, in his approach to doing so, he turned the owner into a steadfast supporter of the CPU 2 abatement process. Today, Yun and DSVD work hand-in-hand to assist other retailers in navigating the abatement process through responsible ownership and establishing long-term working relationships with community stakeholders.

The next annual meeting of the South Los Angeles Liquor Store Association is in the planning stages and is anticipated to occur in early 2012. With Officer Dickes' assistance, this too should be a tremendous success! ILLEGAL ALCOHOLIC BEVERAGE SOLICITATION ACCUSATIONS CAUSE TEMPORARY CLOSURES AT THREE LICENSED LOCATIONS A Focus of the 2010/2011 ABC Grant

uring the past year, Operation ABC has been focusing enforcement efforts on curtailing the illegal Dsolicitation of alcoholic beverages inside on-sale ABC licensed locations. Three ABC administrative cases involving the illegal solicitation of alcoholic beverages were recently adjudicated and resulted in the temporary TOPANGA AREA LOCATION: The El Cielo Lounge received suspension of the licensees' privileges to sell alcoholic a 20-day suspension (to begin in December 2011), as a beverages. result of an LAPD illegal alcoholic beverage solicitation investigation . On August 30, 2011, the El Cielo Bar (20913 Vanowen Street, Canoga Park) received a 30-day suspension with a 3-year stayed-revocation order as a result of an illegal alcoholic beverage solicitation case made in November 2009. During the investigation, undercover officers arrested six individuals for their involvement in the illegal solicitation scheme. This location is currently the subject of a Citywide Nuisance Abatement Program (CNAP) investigation, due to ongoing nuisance activity deemed harmful to the safety of the surrounding community. Operation ABC has taken the lead on this investigation and is working closely with the FOOTHILL AREA PROBLEM PREMISES: The owner of Topanga Area Vice Unit and the CPU, DSVD, to rid the Dora's Nightclub will serve a 30-day ABC suspension and neighborhood of this nuisance property. faces the permanent loss of his license due to ongoing violations at the location. Illegal alcoholic beverage solicitation activity discovered at Dora's Place (8220 Sunland Boulevard, Sun Valley) led to the arrest of five individuals in April 2009. Information gathered during this investigation revealed how widespread the problem was and became the catalyst for Operation ABC's Citywide efforts at curtailing the illegal alcoholic beverage solicitation activity. After many administrative appeals, the administrative accusation against Dora's Place was adjudicated on September 14, 2011, with the issuance of a 30-day suspension with a 3-year revocation stayed. Currently, this location has multiple pending accusations HARBOR AREA SUSPENSION: A 25-day ABC suspension involving similar illegal solicitation activity that are under may cause the owner of Tarasco's Nightclub to re-evaluate administrative review by the Department of ABC. his methods of operation to prevent further violations. (Continued page 4)

3 ABC Suspensions Continued from page 3 Tarasco Nightclub (543 North , Wilmington) received a 25-day suspension, with a 3-year stayed-revocation order as a result of a combination of illegal activity that occurred inside the premise during early 2010. The cases included a February 2010, case involving illegal alcoholic beverage solicitation activity and sales of cocaine and a follow-up case relating to the use of a slot machine as a gaming device conducted in March 2010. The suspension began on September 29, 2011.

The Department of ABC uses progressive discipline as a means of promoting compliance. Each of the above locations received significant administrative sanctions in the form of suspension days for their part in promoting the illegal solicitation of alcoholic beverages. Licensees must operate for the next three years under stayed-revocation orders. Should additional accusations of a similar nature be upheld by the Department of ABC during the next three years, the stayed-revocation orders will be imposed and the involved premises' ABC licenses revoked. It should be noted that all three locations have additional cases pending and are very close to losing their ability to sell alcoholic beverages. AROUND TOWN A Look at What’s Happening . . .

FOOTHILL AREA ABC TASK FORCE

The illegal solicitation of alcoholic beverages inside on-sale ABC licensed establishments is of growing concern to the Department. These covert schemes have become a haven for criminal activity and have a direct nexus to Part I and II crimes. An infiltration of these illegal operations requires officers who possess extensive undercover skills and the maturity level to operate in an environment that promotes the excessive consumption of alcoholic beverages. The suppression of these illegal alcoholic beverage solicitation schemes has been identified as a primary focus of the 2011/2012 ABC grant issued to the Department by the Department of ABC.

In early July 2011, it was determined that the management of El Michoacano Bar (11011 , Pacoima) and Macumba's Bar (10103 , Pacoima), were employing female waitresses to solicit alcoholic beverages from male clientele in violation of ABC regulations. In conjunction with Operation ABC, the Foothill Area Vice Unit opened a formal vice complaint and began a series of undercover investigations at the above locations.

In addition to traditional enforcement methods involving male officers obtaining violations, it was felt that a stronger administrative case could be established by allowing undercover female officers to be hired for the purposes of soliciting drinks. To accomplish this, Foothill Area Vice Officers Maricela Vargas and Kristy Brown, and Investigator Esmeralda Reynoso (Van Nuys District ABC Office), operated POLICE WORKING WITH POLICE: At Macumba's Bar, Macumba's Bar and were eventually hired by the owner patrons watch as officers conduct a back-bar inspection after to solicit alcoholic beverages from male patrons. The bar detaining the bar staff and arresting six individuals for promoting an illegal alcoholic beverage solicitation scheme. owner provided the undercover officers with details of the operation and allowed them to solicit male patrons, who were actually undercover police officers. This established the necessary house-knowledge needed to secure a solid ABC administrative filing.

To augment investigative personnel, undercover operators from other commands were loaned to Foothill Area for the final investigation. On September 9, 2011, investigations at both premises were concluded and eight individuals were taken into custody for their involvement in the illegal alcoholic beverage solicitation schemes. 4 AROUND TOWN Continued . . .

+ OPERATIONS-VALLEY BUREAU EMPLOYMENT ENFORCEMENT TASK FORCE-

On September 21, 2011, Operation ABC assisted with a multi-agency Employment Enforcement Task Force (EETF) operation targeting ABC licensed locations in Operations-Valley Bureau (OVB). The task force was comprised of personnel from the State Division of Labor Standards Enforcement (DLES), the Employment Development Division (EDD), the Board of Equalization (BOE), the Franchise Tax Board, and the Department of ABC. The goal of an EETF is to identify and bring into compliance those individuals and businesses who are in violation of payroll tax, labor, and licensing laws. When business owners fail to comply with these regulations they promote an underground economy and gain an unfair competitive advantage over those businesses who comply with the law. This causes unfair competition in the marketplace and forces law-abiding businesses, and every citizen in California, to pay higher taxes. Employment Enforcement Task Force agents from each agency jointly conduct on-site inspections of businesses by interviewing owners, managers, and workers to determine if businesses are in compliance with payroll tax, labor, and licensing laws. Each agency concentrates on their specific area of expertise. To minimize the unnecessary disruption of business, the EETF conducts investigations only if there is a reasonable belief that violations of the Unemployment Insurance Code, Labor Code, and/or the Business and Professions Code are occurring.

During the above operation, three locations were identified as potentially in violation of state labor laws and were targeted for inspection. Employee complaints of possible labor violations became the catalyst for an EETF inspection at the Universal Bar & Grill (4093 , North Hollywood) and the Barrel Sports Bar (4547 Van Nuys Boulevard, Van Nuys). Both locations are owned and operated by the same individual and similar complaints have been alleged by employees of each premises. During on-site inspections, discrepancies were noted in methods of payroll documentation and both locations were referred for post-inspection audits to determine a full accounting of the violations. During an inspection at Macumba's Bar (13103 Van Nuys Boulevard, Pacoima) it was determined the premise was operating without state mandated workers' compensation insurance and cash payment violations were discovered; a $10,000 fine was issued against the owner and a post-inspection audit requested by State labor officials.

The above operations are vital in ensuring the retail ABC community maintains compliance with all regulations and also ensure that workers' rights are protected. State labor officials indicate approximately 60 percent of all fines issued are collected from business operators who refuse to comply with state labor laws. 2011 STAR Presentations Destine to Set New Records uring this reporting period, Operation ABC conducted 23 STAR presentations which allowed 686 retailers the opportunity to be enlightened regarding rules and regulations governing ABC operations. Year-to-date presentations Dhave exceeded the 2010 number by two percent. Given the number of pending STAR training requests, it is projected the total number of presentations should exceed our 2010 record by eight percent.

Operation ABC attributes the increased demand for educational presentations to the STAR Corporate Partners program. This unique program recognizes retailers who commit to participating in ABC training through the STAR program on a corporate-wide level. The program provides a solid footing for licensees at a corporate level, to maintain a safe and successful business through education and training. In addition to promoting the dissemination of valuable training information, the STAR Corporate Partners program has greatly enhanced our partnership with ABC retailers who distribute alcoholic beverages on a wide-scale within the City of Los Angeles. Corporations participating in the program include: (Continued page 6) 5 STAR Training Increases Continued from page 5 Arclight Cinemas (Pacific Theatres Exhibition Corporation), B.J.'s Chicago Pizzeria (BJ's Restaurant, Inc.), Capital Grille (Rare Hospitality Management, Inc.), Jon's Markets (Berberian Enterprises. Inc.), Lucky Strike Lanes (Lucky Strikes Los Angeles/Orange, LLC), Northgate Market (Northgate Gonzalez, LLC), Target Corporation, and Whole Foods Market (Mrs. Goochs Natural Food Markets, Inc.).

To date, 648 STAR presentations have been conducted on a Citywide basis, with a total audience participation of 25,300 individuals. Abatement Generates Profits

TRANSFORMING THE COMMUNITY: Officer Michael Dickes and Detective Eric Moore (Community Problems Unit, DSVD) congratulate the proud owners of Pee Wee's Liquor (Left) for earning the status of Responsible ABC Retailers (From left: Officer Michael Dickes, Ra Yun, Detective Eric Moore, and Tony Park). (Right) Renovations to the outside of the business have greatly enhanced the surrounding community and given the owners a boost in patronage. everal years ago, the residents in the vicinity of Pee Wee's Liquor (5329 , Los Angeles), would cross the street to avoid the problems associated with the location. A haven for transients, public drunkenness, altercations, Strash, and graffiti, the location was considered by all to be a public nuisance. Due to the ongoing problems and community complaints, a CNAP investigation was initiated. On December 10, 2010, the CPU, DSVD, and Operation ABC posted Responsible ABC Retailer placards at this location. Through the development of a cooperative partnership, DSVD was able to enhance the neighborhood by assisting the property owners in moving their property from abatement status, to an example of responsible operation.

During the early stages of the investigation, the original property owner elected to sell, and ownership was transferred to Tony Park and Ra Yun in October, 2008. As owners of six other off-sale ABC licensed locations, Park and Yun were experienced businessmen, but had no idea of the pending abatement or problems associated with their new acquisition. It was not until their first meeting with Police Officer Michael Dickes, of the CPU, that they realized the magnitude of their problems. At this meeting, Officer Dickes (the lead investigator) encountered immediate resistance to his recommended crime prevention improvements.

Park's initial response was to hire an attorney and fight the abatement proceedings. After several meetings with his business associate, a plan was formulated to work with the police department and begin renovations to the property. The mindset of Park and Yun was to redirect the monies needed for legal expenses into business improvements. This plan became an immediate success as the partners noted increased patronage and related profits with each improvement.

Working from the Crime Prevention Through Environmental Design model, Officer Dickes made a number of recommendations which had a positive impact on the surrounding community. Improvements included: remodeling the interior and adding additional lighting to brighten the overall appearance, painting the exterior and restriping of parking lot stalls, limiting business hours to 11 p.m, increasing exterior lighting and the posting of uniformed security guards during

6 business hours. Transients are no longer permitted to loiter around the business and nuisance problems (i.e. trash, litter, and graffiti) have been rectified. To make the employees more aware of their responsibilities, STAR was mandated and electronic age verification devices were installed. Park estimated the total cost of the above improvements represented approximately one-third of his anticipated attorney fees to defend the abatement case against his property.

The ultimate goal of any CNAP investigation is to obtain corrective action to a public nuisance, thereby reducing crime and related calls for police services. Pee Wee’s Liquor is an excellent example of the positive results that can be achieved through the establishment of a collaborative working relationship between a property/business owner and the Department. A review of the Crime Summary Report for the area Crime decreased 82% surrounding Pee Wee Liquor revealed an 86 percent r reduction in crime between 2004 and 2010. Only ten as sales increased 112% reportable crimes occurred after the initiation of the abatement investigation in October 2008. As a byproduct of improvements made to their property, Park and Yun have experienced substantial financial gains. Gross monthly sales increased by 112 percent, from $52,000 (pre-abatement) to $110,000 (present-day). Speaking in a fashion indicative of his commitment tob thea community,ck- Parkb astated,r “Itin is thes psmilese onc myt icustomers'on faces that let me know we're doing a good job!” 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 will be 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. Can a Minor Buy That? + A closer look at alcoholic beverages

any retailers, and some officers, are unsure of what constitutes an alcoholic beverage. Surprisingly, many ABC retailers who make their livelihood selling alcoholic beverages are not fully aware of the legal requirements Minvolving the sale of many of their products that are not legally considered an alcoholic beverage. To assist in providing insight into what is legally considered an alcoholic beverage, this edition of the “back-bar inspection” will focus on the legal requirements necessary to elevate a product into the realm of an alcoholic beverage.

Officers are quite familiar with the legal age requirements pertaining to underage possession and selling or furnishing alcoholic beverages to persons under 21 years of age. The confusion lies in what exactly constitutes an alcoholic beverage. Business and Professions Code Section 23004 defines an “alcoholic beverage” as alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. As denoted, FOR MORE ARTICLES on ABC the key element of this section pertains to the percentage of alcohol and the enforcement topics, go to lapdonline.org to product's intended usage. Products not specifically fit for beverage purposes view downloadable electronic tips and are addressed in Penal Code Section 307 which attaches criminal liability to any techniques from the ABC Debriefer. Among the articles person who sells, gives, or furnishes a minor any candy, cake, cookie, or available include “Drug Paraphernalia Basics.” Enter chewing gum which contains alcohol in excess of one-half of one percent by ABC Debriefer into the search engine to be linked with weight. (Continued page 8) training topics.

7 In assessing which products are legally acceptable for minors to possess, back-bar inspection officers must rely on product labels to ascertain the alcohol content of the Continued from page 7 beverage in question. Manufactures of non-alcoholic products, such as O'Doules, Kaliber, Sharps, St. Pauli, and “near-beers” (photograph 1), clearly label their product as containing “less than one-half of one percent or more of alcohol by volume.” By virtue of their non-alcoholic beverage classification, these products can be possessed and purchased by minors. Persons involved in the alcohol sales industry may want to consider that the purpose of these products is to provide the flavor of beer, without the associated alcohol content. This fact would cause a responsible retailer to question if a minor really needs to be exposed to a beer-flavored product and avoid such transactions.

Many retailers inquire into age requirements involving the sale of cooking 1 sherry. Sherry is a fortified wine (a wine in which additional alcohol has been added) and is an alcoholic beverage. Cooking sherry is usually just low grade sherry that has salt added to make it undrinkable and useful solely for cooking purposes. Due to the high salt content, cooking sherry is not fit for beverage purposes and is therefore not illegal for minors to possess or purchase.

As the holiday season approaches, many off-sale ABC retailers will begin to offer foil wrapped chocolates resembling “top-shelf” liqueurs and distilled spirits (photograph 2). In addition to chocolate, these candies contain a flavored liqueur syrup center that coincides with the exterior wrapper. Since this product is not fit for beverage purposes, it is not considered an alcoholic beverage. The manufacture of this candy product, Anthon Berg Chocolates, 2 indicates the alcoholic content of each candy is between 2.5 and 5 percent alcohol by weight. Scientific Investigation Division (SID), analysis revealed the alcohol content to be consistent with package labeling (4.4 percent alcohol by weight). Therefore, under Penal Code Section 307, this product would be illegal if sold to individuals under the age of 21.

New beverages, including Mike's Hard Lemonade, Rick's Spiked Lemonade, Doc Otis' Hard Lemonade, Tequiza, Sublime, Sparks, Four Loko, and Hooper's Hooch, come in trendy, bright, and colorful youth-oriented packaging (photograph 3). The labels resemble non-alcoholic lemonade, fruit punches, and soft drinks, all popular with teens. Commonly referred to as “alcopops,” product labels do disclose a level of alcohol content that 3 makes them an alcoholic beverage.

Other items which officers and retailers may encounter are gelatin shots, sold under the brand name Zipper Shots, and individually packaged pre-mixed drinks sold under the brand name Shotpak (photograph 4). Zipper Shots (Zippers) are 24 proof (12% alcohol) pre-packaged gelatin shots. The four available flavors are Vodka Splash, Tequila Tea, Whiskey Drop, and Rum Rush. Shotpak is a single 50 milliliter, 35 proof (17.5% alcohol), serving shot of alcohol in a soft portable package. Both items are considered alcoholic beverages and are therefore illegal for minors to possess or purchase.

By increasing alcohol product awareness and familiarization with ABC 4 regulations, officers and retailers will be better able to reduce the availability of alcoholic beverages to underage individuals. 8