Department  of  Health  and Human  Services 
OFFICE  OF 
INSPECTOR  GENERAL 
YOUTH  AND  ALCOHOL: 

LAWS  AND  ENFORCEMENT 

IS THE  21-YEAR-OLD  DRINKING  AGE  A  MYTH? 
Richard  P.  Kusserow 
INSPECTOR  GENERAL 
OEI-09-91-00650  EXECUTIVE  SUMMARY 
PURPOSE 
This inspection  examined (1) current  State laws and regulations  governing youth 
accessto alcohol  and (2) how these laws are enforced. 
I
BACKGROUND 
In response to public  health concerns and the adverse health  consequences of alcohol 
abuse, Surgeon General  Antonia  Novello  requested that the Office  of Inspector 
General  (OIG)  provide  information  on State alcohol  laws and enforcement.  These 
concerns mirror  one of Department  of Health  and Human  Services (HI-IS)  Secretary 
Louis Sullivans goals which is to reduce the prevalence of alcohol problems  among 
children  and youth.  This report  is one in a series prepared  by the OIG  related  to 
youth and alcohol.  It  describes the State laws about youth  and alcohol and how State 
alcoholic  beverage control  agencies enforce the laws. 
At  the Federal  level, the National  Minimum  Drinking  Age Act  of  1984 required  all 
States to raise their  minimum  purchase and public  possession age to 21.  States that 
did not comply  faced a reduction  in highway funds under  the Federal Highway  Aid 
Act.  The  Department  of Transportation  has determined  that  all States are in 
compliance  with  this Act. 
During  June and July  1991, we conducted interviews with  State alcoholic beverage 
control  (ABC)  and/or  State enforcement  agency officials  from  all 50 States and the 
District  of Columbia.  Concurrently,  we reviewed all State alcohol  control  laws and 
regulations  pertaining  to youth. 
FINDINGS 
State laws contain  roopholes that permit  underage drinking. 
Although  it is illegal  to sell alcoholic  beverages to minors,  minors  in many States can 
legally purchase, attempt  to purchase, possess,consume, and sell alcohol and enter 
drinking  establishments. 
State and local agencies have dificulty  enforcing youth  alcohol  laws. 
States are hindered  by (1) budget and staff reductions,  (2) low priority  of youth 
alcohol  enforcement,  and (3) lack of ABC  jurisdiction  over minors.  Nonzhzlpenalties  againrt vend&  and minors hit  enforcemenl!s ef/ectivents. 
i 
While  vendors who sell to minors often are fined or have their  licenses suspended, 
license revocations are rare.  Penalties against youth who violate  the laws often  are 
not deterrents.  Even when strict penalties exist, courts are lenient  and do not apply 
them. 
States have di#ie  preventing farSe i&nt$cation  ue.  I 
False identification  is easy to obtain.  Laws and penalties against minors 
misrepresenting  their  age do not deter youth from  using false identification  to buy 
alcohol. 
Some States have developed creative metho&  to enforce alcohol  laws and penalize 
Ojpl-&~~ 
Some of the more  popular  ideas include  suspending drivers licenses, establishing 
alternative  penalties,  allowing  vendors to obtain  signed statements from  suspected 
minors,  conducting  decoy operations,  educating vendors, and enacting stringent  dram 
shop laws. 
Enforcement  is inhibited  by public  amludk  and dejiciencks  in education. 
Public  indifference  prevents changes in youth  attitudes  toward  alcohol.  State officials 
described techniques to improve  educations effectiveness. 
CHECKLIST  FOR  STATES 
We encourage States to examine their  laws and policies concerning youth  access to 
alcohol  and provide  a checklist for  States in the report. 
ii  TABLEOFCONTENTS 
ExEclxrlwESuMMARY 

INTRODUCIION  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.........  1 

FINDINGS  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 

State laws contain  loopholes  that permit  underage drinking  . . . . . . . . . . . . . . . . . . . 5 

State and local agencies have difficulty  enforcing youth 

alcohol  laws  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 

Nominal  penalties  against vendors and minors limit 

enforcements  effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 

States have difficulty  preventing  false ID  use . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  11 

Some States have developed creative methods to enforce alcohol 

laws and penalize  offenders  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  12 

Enforcement  is inhibited  by public  attitude  and deficiencies 

in education  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  15 

CHECKLIST  FOR  STATES  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  17 
 INTRODUCTION 
PURPOSE 
This inspection  examined  (1) current  State laws and regulations governing youth 
accessto alcohol  and (2) how these laws are enforced. 
, 
BACKGROUND 
In response to public  health concerns and the adverse health  consequences of alcohol 
abuse, Surgeon General  Antonia  Novello  requested that the Office  of Inspector 
General  (OIG)  provide  information  on State alcohol  laws and enforcement.  These 
concerns mirror  one of Department  of Health  and Human  Services (HHS)  Secretary 
Louis Sullivans goals which  is to reduce the prevalence of alcohol  problems  among 
children  and youth.  This report  is one in a series prepared  by the OIG  related  to 
youth  and alcohol. 
Youth Alcohol  Use 
As reported  in recent surveys, youth  under the legal drinking  age of 21 drink  alcohol. 
In a June 1991 report,  the OIG  reported  that 51 percent  of the nations  20.7 million 
junior  and senior high school students have had at least 1 drink  within  the past year. 
Eight  million  students drink  weekly and 454,000 binge weekly.  In  addition,  students 
reported  that  alcohol  is easy to obtain.  Nearly  7 million  students purchase their  own 
alcohol from  stores.  In addition  to the OIG  survey, the 1990 National  High  School 
Senior Survey found  that  89.5 percent of high school seniors have drunk  alcohol  at 
least once, and 32.2 percent  have experienced a binge of five or more  drinks  in a 
row within  the previous 2 weeks.2 
Govemment and public  Interest Repme 
At  the Federal  level, the National  Minimum  Drinking  Age Act  of  1984 required  all 
States to raise their  minimum  purchase and public  possession age to 21.  States that 
did not comply  faced a reduction  in highway funds under the Federal  Highway  Aid 
Office of Inspector General, Youth  and Alcohol:  A National  Survev--Drinking  Habits, 
Access, Attitudes,  and Knowledge,  June  1991, p. 3. 
University  of Michigan,  Institute  for Social Research,Monitoring the Future:  A 
Continuing  Study of the Lifestyles  and Values of Youth,  January  1991. 
1  F 
.I 
i - 
Act.3  The Department  of Transportation  has determined  that  all States are in 
i  compliance  with  this Act. 
The  National  Minimum  Drinking  Age Act  specifically  prohibits  purchase and public 
possession of alcoholic  beverages.  It  does not prohibit  persons under  21 (also called 
youth  or minors)  from  drinking.  The term  public  possession is strictly  defined  and 
does not apply  to possession: 
for  an established religious purpose; 
b 
when accompanied  by a parent, spouse, or legal guardian  age 21 or older; 
b 
for  medical  purposes when prescribed or administered  by a licensed physician, 
b 	
pharmacist,  dentist, nurse, hospital,  or medical  institution; 
in private  clubs or establishments; and 
b 
in the course of lawful  employment  by a duly licensed manufacturer, 
b 	
wholesaler,  or retailer. 
Article  XXI  of the United  States Constitution,  which repealed prohibition,  grants 
States the right  to regulate  alcohol distribution  and sale.  State laws are unique, but 
each allows local communities  to regulate youth  accessto alcohol  through  local 
ordinances and law enforcement. 
Private  organizations,  including  alcohol industry  and public-interest  groups, are 
becoming  more  involved  in identifying  ways to decrease or eliminate  youth  access to 
alcohol.  Some organizations,  such as Mothers  Against  Drunk  Driving  (MADD)  and 
the newly-created  Century  Council, work  to reduce alcohol abuse throughout  the 
country  by educating  the public  and lobbying  for legislation. 
Controlling Alcoholic  BeverageSale and Dihbution 
Each State decides how it will  license and operate  the alcoholic  beverage industry-
either  through  a control  or license structure.  Eighteen  control  States have partial  or 
total  responsibility  to distribute  and sell alcohol.  Thirty-three  license States issue 
permits  or licenses to individuals  or companies to sell alcohol. 
All  States have either  State or local administrative  agencies that issue liquor  licenses 
and/or  enforce  the laws against vendors and youth.  State agencies, usually called 
alcoholic  beverage control  (ABC)  agencies, regulate  the manufacture,  distribution,  and 
sale of alcoholic  beverages within  the State.  Forty-nine  States have ABCs  while 
Kevin  Kadlec, National Minimum Drinking Age, ClevelandState Law Review  (34), 
1986, p. 637. 
2  Hawaii  and Nevada rely on local agencies to oversee State alcohol  laws.  These 
agencies monitor  all vendors (also called licensees or permit  holders). 
Thirty-nine  States have local option  provisions, which allow  communities  to limit  or 
ban the sale of alcohol.  These communities  also have the power  to regulate where 
and when alcohol  is sold. 
States require  vendors to obtain  State and/or local licenses.  Licenses are renewed 
usually on an annual basis after  a renewal fee is paid and other  requirements  are met. 
As of July 1991, there were approximately  560,000 retail  licenses issued in the United 
States. 
Laws 
State laws address separately youth-related  violations.  These include: 
Sales to minors.  Prohibits  vendors or any other persons from  selling, giving, or 
b 	
otherwise  providing  alcohol  to minors. 
c  Purchase.  Prohibits  or limits  minors  from  obtaining  alcohol  from  vendors or 
other  sources. 
Possession. Generally  prohibits  or limits  minors  from  carrying  or handling 
b 	
alcohol.  All  State laws contain various exemptions, such as handling  alcohol  in 
the course of employment  and possession with  parental  permission. 
Consumption.  Prohibits  or limits  minors  actual drinking  of alcoholic  beverages. 
b 
Misrepresentation  of age.  Provides for penalties against minors who  present 
k 	
false identification  or otherwise  represent themselves as being of the legal 
purchase age. 
State and local enforcement  agencies may use administrative  and/or  criminal  penalties 
against alcohol  law violators.  Administrative  penalties are assessedagainst vendors 
through  licensing agencies.  Administrative  penalties include  fines and license 
suspensions and revocations.  Criminal  penalties are assessedagainst vendors or 
minors  through  State or local criminal  courts.  Criminal  penalties  include  fines, jail 
sentences, and diversionary  programs,  such as community  service. 
3 
 METHODOIDGY 
During  June and July  1991, we conducted interviews with  ARC  and/or  State 
enforcement  agency officials  from  48 States and the District  of Columbia.  For Hawaii 
and Nevada, we interviewed  officials  from  appropriate  local enforcement  agencies. 
We used structured  discussion guides to obtain  information  about State laws and 
enforcement  practices, effectiveness, and interagency cooperation. 
Concurrently,  we reviewed  all State alcohol control  laws and regulations  pertaining  to 
youth.  We used the Commerce  Clearing  House Licmor  Control  Law  Reoorter,  which 
continually  tracks and updates State liquor  control  laws.  We also used the National 
Highway  Traffic  Safety Administration  Digest of State Alcohol-Highwav  Safetv 
Related  Legislation,  which  provides an overview of drunk  driving-related  laws.  When 
necessary, we contacted  State officials  to clarify  provisions.  FINDINGS 

STATE  LAWS  CONTAIN  LOOPHOLES  THAT  PERMIT  UNDERAGE 
DRINKING 
Ahhough  it ir illegal to sell alcoholic bevemgesto rnhoq  nzikots can legally pwchuse, 
I 
possg  and consume aikohol 
The  chart below  illustrates  the number  of States that permit  minors  to legally obtain 
and use alcohol  and sell or sexve alcoholic  beverages. 
SALEP,U  RCHPAOSES,S ESASNIODCNO,NSUMPTION 
ARET REATDEIDFF  EREINNTSLTYA TLEAWS 
BUT 
MINGRS IN LKXiNSED DRINKING ESTAFXJS- EMPLOYMENT  OF MINORS BY VENDORS 
lJsALPRovlDEDK)LOCALoRDINANCEINQsrAlEs  LEGALMALL5lsrArEs 
WITHOUTPARENTSORSPOUSEPRESENT  SELL  WITHOUT  SUPERVISION 
uG&F5tovmDM3~~#3omm  44srms 
RlRCIL4SFi BY MINORS  POSSESSION  BY h4lNORS 
PARTLULYLWALIN6SMES  LFG&lHR~Ex~IN31srAm 
lswEsUi!X  -lAws 
I  I  I 
5 
 Although  no Statespennit  vendon to sell to minon,  six States do not prohibit  minors
i 
from  pwdzaskg  alcohol 
Six States do not have laws which prohibit  minors  from  purchasing or attempting  to 
purchase alcohol.  However,  these States prohibit  minors from  using false 
identification  or misrepresenting  their  age.  Recently, the Insurance Institute  for 
Highway  Safety conducted a study in New York  and Washington,  D.C.  of alcohol 
vendors selling to minors.  Minors  purchased beer successful11in 44 to 80 percent of 
New York  stores and 97 percent of Washington, D.C. stores.  The  Insurance 
Institute  chose these States because no legal impediments  existed for  minors 
purchasing  or attempting  to purchase alcohol. 
States allow  minors to po333s alcohol 
Under  certain  conditions,  it is legal for minors to possessalcohol  in many States. 
Minors  can possessalcohol with  parental  consent, for religious  purposes, in private 
residences, in public  establishments with  a parent  or spouse of legal drinking  age 
present, and for  medicinal  purposes.  State officials  mainly  complained  about the 
private  residence exception because often no parental  supenision  is required.  Most 
drinking  has gone into  homes, rather  than parking  lots, said one official.  Another 
official  added, Our  statute that makes it a crime for minors  to consume in a public 
place is fine, but this does not cover private  places.  An  example is a keg party  at a 
private  home.  The police  cannot arrest minors  nor can they confiscate the keg of 
beer. 
Some States have attempted  to address this issue legislatively.  For  example, California 
enacted a Kegger Statute  that allows authorities  with  probable  cause to enter private 
establishments  to investigate potential  youth  alcohol violations.  Police  are  then 
allowed  to seize any alcoholic  beverages in plain view at social gatherings, when those 
gatherings  are open to the public,  10 or more  persons under  the age of 21 are 
participating,  persons under the age of 21 are consuming alcoholic  beverages, and 
there  is no supervision of the social gathering  by a parent  or guardian  of one or more 
of the participants. 
Five States prohibit  minors from  possessing alcohol  only if they intend  to consume it. 
Because they must prove intent  to consume, law enforcement  officials  in these States 
are reluctant  to arrest minors for  possession of alcoholic  beverages. 
David  F. Preusser and Allan  F. Williams,  Insurance  Institute  For  Highway  Safety, Sales of 
Alcohol  to Underaee  Purchasers in Three  New York  Counties  and Washington,  D.C., March 
1991, pp. 2 and 4. 
California  Alcoholic  Beverage Control  Act,  Business and Professions Code, Section 
25662(b),  p. 194. 
6  lknty+ne  States do not specijZal@ prohibit  consumption by minors 
Officials  from  these States stressed that minors who consume alcohol can be 
prosecuted  under possession laws.  However,  one States law specifically  contains a 
loophole.  Arkansas has no consumption  law, and its possession law states that 
intoxicating  liquor,  wine, or beer in the body of a minor  shall not be deemed to be in 
his possession. 
State laws that alIow mikors to sell or seme alcohol without  addt  supenkion  may result 
in easieryouth  accessto akohl 
Forty-four  States allow  minors  to sell alcohol without  adult  supervision in stores or 
restaurants.  According  to an OIG  survey of junior  and senior high school students, 
more  than 3.5 million  students purchase alcohol from  stores with young clerks and 
almost 3 million  students purchase alcohol from  stores where  they know  the clerk.6 
State officials  expressed concern about youth employment  laws.  Store owners need to 
know  that youth  are under  a lot  of pressure to sell to other youth, said one State 
official.  Another  State official  said allowing  unsupervised youth  to sell alcohol was 
ridiculous.  Kentucky  currently  is considering revising youth  employment  laws to 
change the age for  serving alcohol  from  20 to 21. 
Although  strict local ordinances may app&, 42 States do not prohibit  minors from  entering 
d&king  estoblidaments 
State officials  stressed that  communities  often determine  youth  accessto drinking 
establishments.  However,  some officials  complained  that  in communities  with  no 
regulation,  stopping youth  drinking  is difficult.  Letting  minors into  clubs causes a lot 
of problems,  said one official.  Its  too easy for someone to buy a drink  and then 
push it over to the person who is underage.  Another  official  was concerned that his 
States laws would  become more relaxed.  One proposal would  allow  unaccompanied 
minors into  licensed facilities.  This is a regulators  nightmare.  Underage  drinking  laws 
would  be unenforceable. 
STATE  AND  LOCAL  AGENCIES  HAVE  DIFFICULTY  ENFORCING  YOUTH 
ALCOHOL  LAWS 
The major  obstacles to effective  enforcement  are (1) budget  and staff reductions, 
(2) low priority  of youth  alcohol  enforcement,  and (3) the lack  of ABC  jurisdiction 
over  minors.  One  official  commented,  We do  not  have  the  mechanism  or  ability  to 
enforce  the laws.  Local  police  have another  priority-drugs.  They ignore alcohol. 
Office  of Inspector  General,  the findings from  the survey included  in two reports,  Youth 
and Alcohol:  A National  Survey:  Drinking  Habits, Access, Attitudes.  and Knowledge, 
(OEI-09-91-00652)  and Youth  and Alcohol:  A National  Sut-vev: Do They Know  What 
Thevre  Drinking?  (OEI-09-91-00653). 
7  Forty-three  State officials  argued that inadequate resources and manpower  have 
i.  hindered  enforcement.  Officials  said: 
We are transferring  all programs involving underage drinking  to the local 
b 	
police.  We have no personnel because of budget problems  in this State.  Since 
January, we have not done any enforcement.  Two years ago, we had two 
investigators  in the field;  now we have no investigators. 
We have 10 field  investigators for 9,000 to  10,000 licensees, whereas in  1969, 
we had 30 field  investigators and 6,000 licensees. 
Our  enforcement  staff has been cut from  72 to 40. 
b 
State officials  stressed that other priorities  and lack of public  support  prevent 
enforcement  agencies from  being effective.  Its a no-win  situation,  said one official. 
Law  enforcement  does not get public  support for busting kids.  Parents dont want 
their  child  arrested for  something that every other child does.  Alcohol  enforcement  is 
the opposite  of illicit  drug enforcement. 
 Enforcing-youth  alcohol  laws is a low priority  in some areas.  One State 
;I official  described how costly this can be: 
. 
....6p  until  5 years  ago, the average police  oficer  in New  Hampshire  didnt  do 
more  than  take  the  alcohol  away from  a youth  found  with  alcohol.  About 
.I:Syears  ago,  there  was a case in which  several youth  purchased  alcohol  in  a 
.. small  New  Hampshire  town.  A police  oficer  stopped  the  vehicle  and  took  the 
yI;,a:l&h&,  but  he let the youth  go.  The police  officer  didnt  notify  the parents.  He 
...ihought he was doing  the kia!s a favor  by not  taking  them  into  custody.  The 
, youth  went  to Massachusetts,  bought  more  alcohol,  and  ended  up in  a car 
accident  in  which  someone  was killed.  The parents  of the person  who  was killed 
 sued  the  town.  The New  Hampshire  Supreme  Court  fbwtd  the town  liable.  It 
::.was a vety expensive lawsuit.  Since  then,  all police  officers  take youth  into 
.: &stody  until  they  can  release them  to their parents.  The police  are very
:.... . .  
~>;f&&o~  about  jjliy  &sue now. 
,_:  .: 
Local  enforcement  agencies frequently  experience similar  resource and priority 

constraints.  One official  defended local agencies:  They  give all of the time  that they 

are capable of giving.  Demands for  their  services and resources are very high.  The 

communities  are more  interested  in things like  emergency response time. 

Cooperation  and communication  among ABCs and State and local law enforcement 

agencies often  is limited.  Some officials  complained  that enforcement  agencies do not 

share arrest and complaint  data with  licensing agencies. 

8 
 NOMINAL  PENALTIES  AGAINST  VENDORS  AND  MINORS  LIMIT 
ENFORCEMENTS  EJTEW 
??!hilevendor  who sell to minors are ofien jibed  or 3wipew  revocations are rare 
Vendors  who sell to minors  are penalized by administrative  and/or criminal  sanctions. 
The charts below illustrate  the range of administrative  and criminal  penalties. 
RANGESO FADMINISTRATIVPEE NALTIEFSORVENDORS 
(FORFIRSTOFFENSE) 
NOTHING 	 $5,000OR
6-MONTHSUSPENSION 
RANGESO FCRIMINALPENALTIEFSO  RVENDORS
$50  $10,00A0ND/OR
5YEARSINJAIL 
When applied,  license suspensions and revocations are effective deterrents  because 
vendors lose all alcohol revenues during  the suspension period.  However,  State 
agencies often  do not suspend licenses for  first  offenses.  In addition,  at least 
10 States allow  vendors to pay increased fines in lieu  of license suspensions.  In  one 
State, vendors may pay $100 per day during  a suspension rather  than seme the 
suspension.  State officials  say they rarely  revoke  licenses.  Most  States revoke  licenses 
only when  flagrant  violations--such  as multiple  violations,  illicit  drug sales, or 
prostitution--occur  on licensed premises. 
9  A  few States do not penalize vendors for  their  employees actions.  Employees  may be 
subject to criminal  penalties, but agencies do not take administrative  action  against the 
vendors, unless the vendor--rather  than his employees--commits  the violation. 
Penuh  against youth  ojkn  are rwt detemenfs 
Although  youth  alcohol violations  are classified as misdemeanors in most States, 
penalties can be insignificant.  One State fines youth  $15.  An  official  from-a  State 
with  a $25 penalty  stated, Many  police do not even cite the minor,  but theyll  cite the 
licensee.  For  the kid whos caught, sometimes the only inconvenience is having to 
show up at our court as a witness.  The chart below indicates the range of youth 
penalties: 
I 
RANGEOSF  PENALTIEFSO RMINORS
FROM  TO 
$10  $5,00A0ND/OR
1YEARIN JAIL 
A few States have developed separate fine structures for  different  age groups.  In 
Iowa, the law distinguishes between persons under  19 and those 19 and 20 years of 
age.  While  persons under  19 are subject to a $100 fine  and 30 days in jail  for  alcohol 
violations,  persons 19 to 20 are subject to a $15 fine which may be paid like  a parking 
ticket. 
CbunB are lenient 
Even when  strict penalties  exist, courts do not apply them, according  to most State 
officials.  Judges do not like  mandatory  penalties, said one official.  Sometimes  they 
ignore  the statutes.  Kids  are not held accountable for  breaking  the law.  Such 
leniency  translates into  enforcement  difficulties  for  the alcohol-control  agencies. 
Another  official  illustrated  the problem.  I caught a kid in the parking  lot with  beer. 
He was unconcerned.  This was the second time  in 8 months  that hes been caught. 
Court  leniency  is partly  the product  of priorities  and overload.  One official  said, The 
courts look  at alcohol  as a nuisance.  Drugs are a higher priority.  Overcrowding 
results in lowered  penalties,  asserted a State official.  He  added, Our  courts are 
virtually  going to break  down due to antiquated  procedures and case overload.  A 
police  officer  can spend up to 3 days a week in court rather  than on his or her 
territory. 
10  Court  officials  personal feelings may influence judgments.  There  is definitely  an old-
boy network  in some of the smaller  towns, said an official.  Another  official  described 
the social pressures the courts encounter.  The  court system faces attitudes, both 
internally  and externally.  They hear that its all part of growing  up and please dont 
give our son a police  record.  Another  official  summarized,  They  have other 
concerns.  There  is a prevailing  attitude  that we did that when we were young. 
STATES  HAVE  DIFFICULTY  PRE VENTING  FALSE  ID  USE  , 
Thirteen  States admitted  that they are having difficulty  preventing  youth  from  using 
false identification  documents (ID)  to purchase alcohol.  There  are kids who look 
over 21, and their  IDS look  real, said one official.  Another  official  called his States 
false ID  problem  rampant. 
Although  46 States have laws and penalties  against minors  misrepresenting  their  age 
and/or presenting  false ID  to purchase alcohol, these do not deter youth.  Kids  do not 
have a problem  with  using fake ID,  said one official.  Another  official  stated that 
minors will  attempt  to buy alcohol no matter  how poor  the identification  is: 
We recently  had an administrative  hearing about a vendor  who sold alcohol  to 
a minor.  The vendor  asked for  ID.  The  16-year-old boy--who  looked  16--
presented  the ID  of 5-foot  4-inch female, except he had taped his picture  on it. 
He was a 6-foot  5-inch male.  Nonetheless, the clerk sold beer to him.  Luckily, 
our officers  had the store under surveillance and saw him  carrying the beer out. 
States have difficulty  taking  enforcement  actions against vendors when minors use 
false ID.  When  fake ID  is used, we cannot get the retailer  for  selling to the minor, 
said one official.  Another  official  added, An  l&year-old  used fake ID  to buy alcohol 
and got killed.  The  seller was sued, but the case was dismissed.  The  ID  met statutory 
requirements. 
Although  States have attempted  to combat  the problem,  they have had limited  success. 
Some States recommend  that vendors purchase a book  that contains pictures of all 
legal State IDS.  However,  minors may obtain  legal drivers licenses with  false birth 
documents.  Some manufacturers  use counterfeiting  equipment  to produce  near-
perfect  reproductions.  There  are sophisticated  ID  rings, said one official.  We 
cracked one that  had stolen drivers license material.  Multiple  felonies  could have 
been charged, but  it was reduced to a municipal  violation. 
State officials  believe the Federal government  must take action, because minors  obtain 
false ID  from  other  States or through  the mail.  A  Connecticut  official  stated, Minors 
can get State drivers  licenses in Times  Square in New York  City  for  $10 to $15 each. 
Two  other  State officials  argued that  the Federal government  must crack down on 
illegal  ID  manufacturers.  Weve located the manufacturers,  but we cant regulate 
those in other  States, said one official.  Federal  legislation  could  make it illegal  to 
11 
 sell anything  through  the mail  which is designed to pass for  a legal ID  or State 
i  license, added another. 
SOME  STATES  HAVE  DEVELOPED  CREATIVE  METHODS  TO  ENFORCE 
ALCOHOL  LAWS  AND  PENALIZE  OFFENDERS 
Faced with  limited  resources, States have developed innovative  methods to prevent 
youth from  obtaining  alcohol.  Some of the more popular  ideas include suspending 
youth  drivers licenses, establishing alternative  penalties for  minors, allowing  vendors 
to obtain  signed statements from  suspected minors, conducting  decoy or sting 
operations,  educating vendors on laws and penalties, and enacting stringent dram 
shop laws. 
Drivers  license  supension  may  be the only per&y  that  deters youth 
11 
Of the 28 States that delay, suspend, or revoke 
Tae  one  thing  that  a minor youth  drivers licenses for  alcohol-related 
violations,  some take action for  any alcohol 
violation,  while others do so for specific violations 
only.  The suspension varies from  several days to 
, of fines  go  u&lected  several years, depending  on the State, violation, 
became  theres  nothing  the  and minors  record. 
:. court  can  do  if the minor 
doesnt  pay:  Officials  from  States with  this option  argue that 
traditional,  statutory  penalties do not deter youth. 
Judges rarely sentence minors  to jail,  and parents 
usually pay the monetary  penalties, not the minors.  One State official  complained  that 
because of our States weak laws, kids come from  surrounding  States, both of which 
provide  for  license suspension. 
cornnukty  senke  and comse&g  programs are other divemmary 
penah 
Alternative  penalties  are one way to direct  the 

penalty  at the minor.  Judges often suspend a 

sentence pending  a minors  completion  of a 

community  service or counseling program.  Youth 

that are assigned community  service often  must 

surrender  dozens of hours to various community  projects.  Other  minors need help 

with  alcohol  dependency, and they are required  to enroll  in a counseling program. 

i 

12 
 Some  States ofer  vendors the opporlunity to require swpected minors to sign affivik3 
i 
Eleven States allow vendors to require  buyers to sign 
Wiile  minqrs may have  affidavits stating that they are 21.  The  affidavit 
no problem., using fake  ._  explains the penalties against minors who attempt  to 
f icientifitiatitins,  thkj  d&a!  ...::  purchase alcohol or misrepresent  their  age. 
.;.;likk to.signtheir  nati+.@  1.1, 
.I;.tegfil d.ofxmen&  ,..I  ...:i.  Vendors support this because the affidavit  serves as 
proof  that the minor  misrepresented  his or her age. 
Decoy or stir@ operations succ- limit  vendo?sfhom sellihg to minors 
Twenty-four  officials  volunteered  that either the  .;  . 
State ABC  or the State or local police perform  Sting  opertitiorts  allow  us to 
successful youth  decoy operations  otherwise known  control  our  vtindors  much 
as stings.  These operations  consist of sending  . more  effectivelj.  Iii  one 
minors  into  stores and restaurants to purchase  parish,  we had  minors  buy 
alcohol.  If  the employee sells alcohol to the minor,  , alcohol  in  21 of 22 
an undercover  agent will  cite or arrest the  convenience  stores.  7Iie 
employee  and/or vendor.  The major  purposes are  vendors  attended  hearings 
to identify  and penalize vendors that sell to youth.  and  were either jined  and/or 
had  their  licenses suspended. 
Many  States do not by law allow  stings.  One  The next year,  only  three 
State official  admitted  that his State does not use  vendors  sold  alcohol  to  ok 
stings because authorities  feel uncomfortable  .I minors. 
having minors  attempt  illegal  actions. 
States perform  reverse minor  decoy programs, such as Indianas  Operation  Grab  and 
Delawares  and Oklahomas  Cops-in-Shops.  In these programs,  agents pose as clerks 
and servers to arrest minors  and adults who buy for  minors.  Vendors  have been 
receptive  to this program  and have cooperated with  enforcement  agencies. 
Educaling  vendors  about  kzws andpe~lries  reducessak  to minors 
Although  most States have provisions for  either 
!Jve&n~&~&.&&~  by  :  mandatory  or voluntary  server training  programs, 
bf 
,.-sotie  the qU&ions  .,.  47 of the 51 State officials  believe that increasing 
? vendors  ask me durfng  these  server training  would  be effective  in preventing 
II:traini&  s6ki6its.1  minors from  obtaining  and consuming alcohol. 
...  ::.:,. 
Server training  involves educating vendors about 
the States alcohol control  laws, regulations,  and 
penalties,  their  civil liability  for selling to a minor,  how to identify  an underage drinker, 
and how to determine  whether  an identification  card is genuine.  Server training  may 
be offered  by AIKs  or other  public  or private  organizations. 
13 
 When asked if they have undertaken  any special initiatives  to prevent  alcohol sales to 
minors,  one-third  of the officials  volunteered  that their States effective  server training 
programs  have been vital.  We know server training works.  We can demonstrate 
this, said one State official.  In  the past year, we have educated 2,000 people, added 
another  official.  And  there has been only one infraction  from  that group. 
While  11 States mandate  server training  for all vendors, most programs  are voluntary. 
As an incentive,  States may reduce penalties for vendors who have completed  training 
and have illegal  sale violations.  One official  reported  that vendors in his State are 
protecting  themselves by installing  hidden cameras that show people  entering the 
establishment  and presenting  IDS to the clerk. 
Sbict W-am shop laws deter i&gal  sales to minors 
Twenty-three  States have civil liability  or dram 
shop laws which  specifically  allow  lawsuits  !We have strong  dram-shop 
against persons who provide  alcohol  to minors.  liability  laws.  Vendors  have 
Several other  States allow  lawsuits, but only  .been more  concemed  since 
under  certain  conditions.  South Dakota  clearly  these were passed.  Being  sued 
prohibits  such lawsuits.  Several State officials  does not put  them  out  of 
mentioned  that  the threat  of costly litigation  business,  but  their  insurance 
causes vendors to refuse to sell alcohol  to  premiums  go through  the roof. 
minors.  Then  they have  to rake  ptices, 
and  they lose business.  Our 
In  1985, the American  Bar Association  (ABA)  .dram-shop  laws  have made 
recommended  that all States enact statutes to  industry  more  responsive.  You 
allow  lawsuits against persons who knowingly  sell  have to  empower  the people  to 
alcohol  to minors.  The ABA  reasoned that such  affect  vendors  well-being. 
a statute would  promote  responsible serving 
practices.  In  1985, the Federal  government 
funded  the development  of a model  dram shop law.  During  this development,  a 
review of court  cases in three States revealed that the legal system was not 
establishing clear guidelines  for  applying  dram shop liability  provisions  or concepts. 
The  model  dram  shop law clearly allows lawsuits for damages resulting  from  negligent 
alcohol  sales to minors.  It  also promotes  responsible serving practices by allowing  a 
vendor  to use evidence of server training  as a defense in a lawsuit. 
American  Bar Association,  American  Bar Association  Policv Recommendation  on Youth 
Alcohol  and Drue  Problems  (Washington:  American  Bar Association,  1986), p. 39. 
Victor  Colman  et al., Preventing  Alcohol-Related  Injuries:  Dram  Shop Liability  in a 
Public Health  Perspective,  Western  State University  Law Review  (12), Spring  1985, p. 444. 
14  Officials  reported  other practices that they believe are effective: 
New Jersey issues a minors  drivers licenses with  profile  photographs,  rather 

than the frontal  photograph  used for  adults. 

Many  States require  visible notices posted in establishments explaining  penalties 

for  serving to minors, and for minors  themselves. 

In Florida,  employees sign affidavits  acknowledging  that  alcohol  sales to minors 

are immediate  cause for dismissal. 

Alabama  issues press releases listing names of minors  arrested for alcohol 

violations.  Michigan  publishes the results of vendor  sting operations. 

Ohio  and New Hampshire  send letters to school principals  about  enhanced 

enforcement  activities during  proms or graduation  time. 

In  Oregon,  when schools hear of parties, the ABC  sends letters  to the parents 

about  the party and the parents potential  liability. 

North  Dakota,  Oregon, and Washington require  vendors to register beer kegs 

for  identification  purposes.  In addition,  North  Dakota  vendors use invisible  ink 

on tags that  allows authorities  to track purchasers.  In Washington, if the police 

raid  a party  and find  that the beer keg does not have the tag, the 

21-year-old  who is nearest to the beer keg may be cited with  a violation. 

Some States have parents attend  court and diversionary  programs with  their 

youth  who  have been cited for an offense. 

New Hampshire,  Ohio,  and Virginia  offer  toll-free  telephone  numbers for 

citizen  complaints. 

ENFORCEMENT  IS INHIBITED  BY  PUBLIC  ATTTPUD  EANDDEFICIENCIES 
IN  EDUCATION 
According  to State officials,  the publics attitude  about youth  drinking  and deficiencies 
in comprehensive,  early alcohol  education  in schools are common  enforcement 
obstacles.  One-third  of the officials  mentioned  that public  indifference  makes 
controlling  underage drinking  difficult.  Forty-eight  of 51 officials  believe that 
increasing alcohol  education  in schools would  decrease students alcohol  use. 
public  indifference prevents changes in youth  attihuk 
State officials  mentioned  problems  with  parental  and social attitudes.  A  lot  of kids 
are encouraged to drink  by lax parental  behavior,  said one official.  In some States, 
social attitudes  have changed when community  groups challenge the status quo.  State 
15  officials  believe  that  organized  community  groups, such as MADD,  influence  State 
legislators, enforcement  agencies, and courts.  One official  commented,  Society is 
going to have to become responsible for itself.  It will  have to expand from  the family 
to the workplace  to the community. 
Although  officials  complained  that  the public  accepts youth drinking,  they believe that 
the Surgeon General  can change public  attitudes.  One State official  mentioned  the 
cigarette  smoking  campaigns that publicize  adverse health effects.  He  commented, 
The Surgeon Generals  research on the effects of cigarette smoking had an effect on 
behavior.  Increased research and documentation  of alcohol problems  might  help. 
The same thing  needs to happen with  alcohol  as happened with  smoking.  Another 
added, It  needs to be socially unacceptable for youth to drink. 
Early education, innovation,  and focw  on penalties and health are kzys to succw 
State officials  volunteered  techniques they use to increase educations effectiveness: 
Start  education  early.  State officials believe that early alcohol  education,  as 
b 	
early as kindergarten,  shapes life behavior.  Why are kids drinking?  is the 
question  that  needs to be answered, said one official.  People  are better 
educated about  alcohol  than ever before, but youth continue  to drink.  We 
need to focus our message on younger students.  By the time  they reach 
college, its too late. 
Use peer pressure to make drinking  unpopular.  State ABCs,  in conjunction 
b 	
with  schools and local communities,  have attempted  to create a group  of non-
drinking  youth  through  various promotions.  In turn,  the group  uses peer 
pressure to discourage youth  drinking.  In North  Carolina,  a national  insurance 
company  enlisted  the help of local radio  stations to convince students to sign 
no-drinking  pledges by offering  prizes and other incentives.  Under  a federal 
grant,  Ohio  worked  with  MADD  to create an animated  character/mascot,  called 
Hoola  the Hippo,  and a video that encourages younger students to make 
responsible  decisions and resist peer pressure to drink. 
Educate  youth  on laws and penalties as welI as health consequences of 
b 	
drinking.  Some State officials  believe that youth should be educated about the 
health  consequences and legal penalties they face for  drinking  alcohol.  Kids 
do not understand  what alcohol  does to the body and the mind.  We should 
show them  the victims  of drunk  driving, for instance, in drivers  education. 
Another  State official  believes that programs will  be effective only if they show 
the potential  liability--such  as suspension of their  drivers licenses--as well  as the 
health  effects.  One official  cautioned  that educators must be careful  and not 
equate  alcohol  with  illegal  drugs.  A  lot of education is done clumsily.  It 
disturbs  me that  they talk  about a glass of beer in the same sentence as crack 
cocaine.  Beer is a legal, socially acceptable substance.  Treat  it  like  it is. 
16 
 CHECKLIST  FOR  STATES 

The OIG  report  has identified  loopholes  in State laws and weaknesses in law 
enforcement  and education.  We encourage States to examine their  laws and policies 
concerning youth  accessto alcohol  and offer  the following  checklist. 
YOUR  ALCOHOL  LAWS: 
q  prohiiit  youth  from  purchasing and attempting  to purchase, 
q  prohibit  youth  from  consuming and possessingin public  places, 
q  prohibit  youth  from  consuming and possessingin private  places without 
parent  or guardian  supervision, 
q  contain  employment  provisions which reduce the opportunity  for youth  to 
sell alcohol  to peers, 
0  ban youth  from  entering  bars, taverns, cocktail  lounges, and other 
establishments  that are primarily  drinking  establishments, 
q  contain  specific civil liability  provisions addressing establishments  and individuals 
that  illegally  provide  alcohol  to minors, 
q  contain  provisions such as Californias  Kegger Statute  that  allow  enforcement 
agents to take action against minors who drink  in private  residences, 
q  provide  decoy operation  authority,  and 
q  provide  options for  diversionary  penalties, such as drivers  license suspension? 
DO  YOU  EMPHASIZE  THE  NEED  FOR  LAW  ENFORCEMENT  AND  ABC 
AGENCIES  TO  PREVENT  YOUTH  FROM  ILLEGALLY  PURCHASING 
ALCOHOL  BY: 
0  giving high priority  to detecting  and prosecuting alcohol-related  offenses, 
0  ensuring that alcohol  enforcement  agencies are adequately  funded  and staffed, 
q  giving your ABC  jurisdiction  over minors, and 
0  assuring that penalties  are adequate, appropriate,  and uniformly  applied? 
17 
 ARE  YOUR  EDUCATION  EFFORTS  DIRECTED  AT: 
0  youth  at early ages, using unique  approaches whenever possible, 
0  the general public  to change attitudes  about youth  drinking, 
fl 	 law enforcement  agencies to emphasize the need to eliminate  youth  accessto 
alcohol,  I 
J  the judicial  system to stress the need to impose penalties, and 
0  alcoholic  beverage sellers through  vendor and server training  programs? 
DO  YOU  INHIBIT  THE  USE  OF FALSE  IDENTIFICATION  DOCUMENTS  (IDS) 
By: 
Cl  prohibiting  the manufacture  and sale of false IDS, 
0  prohibiting  minors  from  misrepresenting  their  age, 
Cl  providing  adequate penalties  for violations  of false ID  laws, 
0  vigorously  prosecuting  offenders,  and 
0 	 issuing drivers licenses and identification  cards that cannot be duplicated 
or counterfeited? 
18