Motorcycle Bill of Sale - PowerPoint

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					     The Emergence of Off-Sale Alcohol
      Outlets as the New Head Shops
            Dr. Cleo Malone & Michael Sparks

                         AGENDA

What  is drug paraphernalia?
History of availability in California
Experiences of two communities
Strategies to address proliferation in local communities
Strategy to respond at the state level
What Kind of Outlets are We Talking
         About in Vallejo?
What Kind of Outlets are We Talking
         About in Vallejo?
What Kind of Outlets Are We Talking
       About In San Diego?
What Kind of Outlets Are We Talking
       About In San Diego?
What does this stuff look like???
What does this stuff look like???
What does this stuff look like???
What does this stuff look like???
What does this stuff look like???
What does this stuff look like???
What does this stuff look like???
The way Drug paraphernalia was being displayed inside
         a store in Southeastern San Diego!!
History of the proliferation of drug
   paraphernalia in California

– First started seeing items in early 90’s
– Showed up at the “worst” outlets in the lower
  income areas in communities
– Slowly moved into other areas of town and into
  less problematic off-sale outlets
– Showing up in neighborhoods and in inner
  cities in the streets and in landscaping
– Community members want action
   History of the proliferation of drug
 paraphernalia in San Diego California

Showed   up throughout the
 lower income areas in San
 Diego’s communities in the
 early 80’s
             Experiences of Two
                Communities
               San Diego, CA
 Review of laws governing Liquor outlets in CA
 Train and Mobilize Community Members to take
  action
 Long-standing Alcohol Policy Coalition in town
  The Palavra Tree Inc.
 Complaints from neighborhood residents about
  finding drug paraphernalia around their residences
                 OUTCOMES
   Community members were trained to
    understand the laws, there Rights and
    responsibilities and motivated to take a greater
    amount of responsibility for the Health Safety
    and general well- being of there community
   11 Liquor outlets lost their liquor licenses &
    owners went to jail
   With Community & Education Awareness 49
    application for new Liquor licenses have been
    denied
                 Do You Have
            Problem Alcohol Outlets
                   In Your
                Neighborhood


          The Palavra Tree In




           A Resource Guide
                       Published by
                   The Palavra Tree, Inc
The Community Collaboration For Economic and Social
                       Change
             Alcohol Beverage Community Action Team (AB-CAT)

                                    DETAILED REPORT FORM

                                           AB-CAT DETAILED REPORT
Location:______________________
Date:_________________________
Time of Day:__________________ AM/PM
Description of Nuisance Activities:_____________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Number of People:_______
    Approx.              Approx                             Approx
    Weight               Height                             Age

Describe Clothing___________________________________________________________________
Outstanding Features: (i.e. scars, limp ,tattoos ,etc,)_________________________________________________
Name (s) If Known):_________________________________________________________________
Description of Car (s):_______________________________________________________________
Make (s)_____________________________Model (s)___________________Bike (s)____________
Any other type of transportation: Motorcycle (s):__________________ Other (s)_________________
          Experiences of Two
             Communities
                      (cont.)
   Vallejo, California
    – 100 off-sale outlets (insert photos)
    – 60% are small convenience stores, gas stations,
      liquor stores, mom and pops
    – Long-standing Alcohol Policy Coalition in
      town
    – Complaints from neighborhood residents about
      finding drug paraphernalia around their
      residences
           Experiences of Two
              Communities
                    (Vallejo cont.)
   Vallejo, California (cont.)
    – Passage of local ordinance “Deemed Approved”
         Ordinance has local inspection process of all outlets
    – Inspections found nearly all small off-sale outlets
      carried items
    – Merchants refused to stop selling material unless all did
      it at the same time
    – Police informed merchants that failure to remove from
      store was a violation of the law, as they were being put
      on notice that the items were being used as drug
      paraphernalia
                   State Strategy
   Cal Council members were hearing from local
    constituencies that the problem was across
    California
    – Cal Council – Statewide individual membership
      organization in operation since 1985…focus on alcohol
      policy
    – Cal Council history of working at State Capital
          Has lobbyist and strong grassroots local presence
                     State Strategy
                         (cont.)
   Cal Council approached State ABC with possible solutions
    to drug paraphernalia availability in outlets
    – ABC and Cal Council determined that what would work was a
       “notification bill” that revised existing law to indicate that once an
       outlet was notified that certain materials were used as drug
       devices…they could no longer be sold
           Changed current law that said that seller had to “know” that items
            were being used in this way
    – ABC and Cal Council sought legislator to sponsor bill.
                                               State Bill
             AB 2334 – Nakano, 2002 Session
BILL NUMBER: AB 2334 CHAPTERED BILL TEXT CHAPTER 1027 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2002
APPROVED BY GOVERNOR SEPTEMBER 28, 2002 PASSED THE SENATE AUGUST 14, 2002 PASSED THE ASSEMBLY MAY
2, 2002 AMENDED IN ASSEMBLY APRIL 1, 2002

INTRODUCED BY Assembly Member Nakano FEBRUARY 21, 2002 An act to add Section 24200.6 to the Business and Profession
Code, relating to alcoholic beverages.

 LEGISLATIVE COUNSEL'S DIGEST AB 2334, Nakano. Alcoholic beverages. Existing law permits the Department of Alcoholic
Beverage Control, under certain conditions, to revoke or suspend the licenses granted to alcoholic beverage licensees. This bill
would authorize the department to revoke or suspend an alcoholic beverage license, if the licensee, or the agent or employee of the
licensee, violates a specified provision of statutory law relating to the furnishing of drug paraphernalia.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24200.6 is added to the Busines
and Professions Code, to read: 24200.6. The department may revoke or suspend any license if the licensee or the
agent or employee of the licensee violates any provision of Section 11364.7 of the Health and Safety Code. For
purposes of this provision, a licensee, or the agent or employee of the licensee, is deemed to have knowledge tha
the item or items delivered, furnished, transferred, or possessed will be used to plant, propagate, cultivate, grow,
harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, if the department or any
other state or local law enforcement agency notifies the licensee in writing that the items, individually or in
combination, are commonly sold or marketed for that purpose.
                          State Action Alert
                             for AB 2334
                                  California Council on Alcohol Policy
                                              April 4, 2002

                                          LEG ALERT
                                    URGENT—TIME SENSITIVE !

There are two bills that need your attention NOW! This alert will discuss those two bills and also
    include a legislative summary distributed at the March 18 Board Meeting in Sacramento.

I. AB 2334 (Nakano) --ALCOHOLIC BEVERAGES. This bill is sponsored by Cal Council! It would
    authorize the ABC to revoke or suspend an alcoholic beverage license, if the licensee, or an
    employee violates the law regarding the furnishing of drug paraphernalia. Specifically, the bill will
    help make the case that the retailer has knowledge that items he is selling in his store are being used
    as drug paraphernalia. The Department will prepare written information which may be provided to
    the retailer by any law enforcement agency notifying them that certain items, individually or in
    combination, are used as drug paraphernalia.

Status:                   To be heard in Assembly Governmental Organization committee on April 15
Position:    Support

What is Needed: Write a letter of support to Assemblymember Jerome Horton, Chair, Assembly
   Governmental Organization Committee, Room 2179, State Capitol, Sacramento, CA 95814. THE
   LETTER MUST BE FAXED TO LAURA BROWN AT 916-329-7415 AS SOON AS POSSIBLE. If your
      Implementation of AB 2334

   State ABC agrees to:
    – Notify new licensees and have applicant sign
      acknowledgement
    – Notify existing licensees
          At point of renewal of license
          When conducting Impact Program
          When engaging in decoy programs
      Implementation of AB 2334

   Local Jurisdictions May:
    – Notify local outlets, in writing, that specific
      items are used for and drugs and are therefore
      illegal.
    – If sales continue local police can make
      complaint to State ABC and also to local
      District Attorney
Press coverage of New Bill

Tough new laws crack down on crack pipe sales
  Leonard Charles, owner of an Oakland liquor store, refuses to
  sell the 4-inch-long glass rose tubes, which can be used as
  crack pipes. Chronicle photo by Michael Maloney
Press coverage of New Bill

new laws crack down on crack pipe sales
  Nekeya Wells, Tednisha Simmons and Mary Wells, left to right,
  look around a San Leandro liquor store while Emily Chung talks
  to clerk John Gonsalves about the We Got It 2 program.
  Chronicle photo by Lacy Atkinshoto by Michael Maloney

				
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