Alcohol, Culture And Environment Workgroup Recommendations
Alcohol, Culture and EnvironmentWorkgroup RecommendationsChanging Wisconsin’s Alcohol Environmentto Promote Safe and Healthy LivesApril 2010Wisconsin State Council on Alcohol and Other Drug Abuse,Prevention Committee, Alcohol, Culture and Environment WorkgroupState of WisconsinState Council on Alcohol and Other Drug Abuse1 West Wilson Street, P.O. Box 7851Madison, Wisconsin 53707-7851
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Table of ContentsCharge to the Alcohol, Culture and Environment Workgroup 1Alcohol, Culture and Environment Workgroup Membership 1Background: Alcohol Use in Wisconsin 2Summary of Recommendations 3Alcohol, Culture and Environment WorkgroupFinal Report Recommendations 3Introduction 4Recommendations Requiring Legislative or State Action 5Recommendations Requiring Municipal Action 8Recommendations Implemented by Educators or Educational Institutions 10Recommendations for Community Groups and Organizations 11Recommendations for Employers 13Conclusion 14Acknowledgements 14Appendix 1:City of Fitchburg Policy Guidelines Alcohol Beverage Licenses 15Appendix 2:Conditional Use Agreement 18Appendix 3:Manitowoc Social Host Ordinance 19Appendix 4:La Crosse Beer Keg Registration Ordinance 21Endnotes 23Wisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Charge to the Alcohol, Culture and Environment Workgroupculture and history as it may impact current alcoholrelated problems.The consequences andcosts of alcohol misuse inWisconsin are staggeringand have created a diverserange of problems.Changing Wisconsin’sculture of alcohol will requirean equally diverse set ofsolutions including newpolicies and practices in all segments of thecommunity, including local and state government.Wisconsin’s framework for alcohol policy wasestablished fifty years before research demonstratedthat public policy and community practices have theability to prevent and reduce illegal, inappropriateand dangerous alcohol use without significant impacton moderate drinkers over age 21. Accordingly, theworkgroup will examine strategies and or options atthe private, community, municipal and state levels inan effort to make alcohol less acceptable, available,attractive and affordable to vulnerable populations.Our goal is to reduce underage drinking, young adultbinge drinking and alcohol-related vehicular crashesand death.The workgroup will examine the state laws, localordinances and related policies that regulate thesale and serving of alcohol to identify legal, culturaland financial barriers to alcohol policy reform. Theworkgroup will also examine the role of Wisconsin’sAlcohol, Culture and Environment Workgroup Membership(Listed Alphabetically)Blinda BeasonAlan IversonWisconsin Department of Transportation,Bureau of Traffic SafetyLa Crosse Police DepartmentLisa BergerFocus on Community, RacineFrancie McGuire-WinklerHelen Bader School of Social Welfare,University of Wisconsin – MilwaukeeJulia Sherman (Chair)Winnebago County Coroner, OshkoshWisconsin Alcohol Policy Project,Resource Center on Impaired DrivingUniversity of Wisconsin Law SchoolNina EmersonAnnie ShortResource Center on Impaired Driving,University of Wisconsin Law SchoolNortheast Wisconsin Area Health Education Center,ManitowocGreg HeldingChristopher WardlowAlderman of the 11th District City of RacineThedaCare, Outagamie County Department of Health& Human Services, Wisconsin Prevention NetworkBarry BusbyTracy HerlitzkeCESA #4, La Crosse CountyMedical Health Science ConsortiumProfessional affiliations are listed only for purposesof identification and do not indicate an organizationalendorsement of this report or its recommendations.Barb HermannManitowoc County Public Health DepartmentWisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851-1-
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Background: Alcohol Use in WisconsinAs a result, Wisconsin’s alcohol-related lawenforcement, medical and similar costs have soared.Even more concerning, the number of people whoneed but do not receive alcohol treatment has soared,especially among youth. In 2007, Wisconsin had anestimated 126,000 young people ages 12-25 in needof treatment for their alcohol dependence who did notreceive care.8Alcohol has played anundeniable role inWisconsin’s history. Alcoholproduction was a factor inearly economic growth whilethe temperance movementplayed a role in Wisconsin’searly political history. In1836, Wisconsin’s territorialgovernment authorized local alcohol licensure,presaging the current system of municipal licensure.1In the late 19th and early 20th century alcoholbecame a proxy issue for anti-immigrant sentimentsand religious bias.2 At one point, religious overtonesin the alcohol debate led Archbishop Messmer ofMilwaukee to ban prohibitionist sermons.3 Afterprohibition was repealed, Milwaukee becamesynonymous with beer and the brewing industry, animage reinforced through advertising and popular TVprograms.Wisconsin’s alcohol environment has evolved overmany years. The result of Wisconsin’s alcohol policiesand practices were not intentionally malicious butinstead were the result of unintentional consequencesof community growth, isolated municipal control andthe increasing influence of the alcohol and hospitalityindustries.Fortunately, the experience of other states andnations suggests communities and institutions havethe ability to reverse this situation. Change will taketime and resources. Wisconsin’s alcohol culture (alsocalled the alcohol environment) can be improvedthrough sustained effort among all segments of thecommunity. In the long run, even difficult changeswill be more cost-effective than the extraordinaryamounts Wisconsin currently expends on alcoholrelated health care, emergency services, andtreatment. Failure to create change will cripple thestate’s economic growth, limit our children’s futureand dishonor the efforts of earlier generations to builda strong and prosperous state.Over time, nostalgia became denial. Like other peoplein different cultures and countries, Wisconsinitesconsidered the favored alcoholic beverage a culturalvirtue and not alcohol.4 The fact that more adults inWisconsin drink alcohol and consume more alcoholthan adults in other states may have masked theincreasing occurrence of alcohol abuse and misuse.Over time, alcohol outlets proliferated to doublethe national average of alcohol outlets per capita.5Wisconsin’s rate of disorderly conduct arrests grewto five times the national average during the sameperiod while similar arrest rates in other states werefalling.6This report is one step on the path towards ahealthier, more prosperous Wisconsin. Subsequentgroups should consider continued efforts to improvethe alcohol environment, encourage employer effortsto support employees, provide treatment for thealcohol dependent and build communities whichsupport recovery.Since 2000, Wisconsin has experienced among thehighest rates in the nation of the following:7 Binge drinking among adults Chronic heavy drinking among adults Underage drinking Underage binge drinking Self-reported drinking before drivingWisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851-2-
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Alcohol, Culture and Environment WorkgroupFinal Report RecommendationsSummary of RecommendationsLegislative or State ActionThe Wisconsin Legislature should approve action promoting public health and safety, through an improvedalcohol environment. Legislative action is recommended to restore local authority and policies that have beeneroded over time. Also, licensure fees must be restored to a level needed to support the local regulatoryresponsibilities.Municipal ActionThe primary responsibility for alcohol licensure and control falls on local governments in Wisconsin.Municipalities can improve the alcohol environment through adoption and implementation of evidence-basedpractices. ACE recommends specific changes in municipal policy that are proven to reduce alcohol misuseEducators or Educational InstitutionsWisconsin’s public and private schools, colleges and universities are the heart of Wisconsin’s communities andkey to future economic growth. These recommendations recognize the unique leadership role of educators.Broad-based community involvement in school efforts to reduce alcohol abuse by youth and young adults willcreate stronger, engaged communities and schools.Community Groups and OrganizationsThe practices and policies of community groups are barometers of community norms. In some cases, anorganization’s long-standing alcohol policies unintentionally contribute to community alcohol problems evenas these groups dedicate themselves to community improvement. When civic groups and faith communitiesreview and adopt policies to discourage alcohol misuse, they improve the quality of community life and make asignificant contribution to improving Wisconsin’s alcohol culture.EmployersIndividual alcohol use is influenced by employers’ expectations as well as the community alcohol environment.9Alcohol related problems impact worker productivity, workplace safety and, health care costs. The complexlegal and health implications of the workplace alcohol environment suggest a need for alcohol policy andworkplace work group composed of employers and employee representatives charged with developing privateand public sector policies and practices.Wisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851-3-
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Final Report RecommendationsIntroductionFor nine months, the Alcohol, Culture and Environment (ACE) work group of theWisconsin State Council on Alcohol and Other Drug Abuse Prevention Committee hasexamined the elements contributing to what many call the state’s culture of alcohol oralcohol environment. While there is a widespread perception that the culture of alcoholcontributes to injury, death and disease – there is no consensus in regards to how thealcohol culture developed or the factors that contributed to its development.The ACE work group focused on the aspects of our alcohol environment that can bechanged to exert a positive impact on Wisconsin’s culture. To that end, ACE examinedthe public, organizational, and community policies and practices that could be changed to possibly improve thealcohol environment.The problems associated with Wisconsin’s culture of alcohol have been widely reported and discussed in themedia, while a vision of a healthy alcohol environment in Wisconsin has remained unclear.Therefore, we offer this broad vision of a healthy, vibrant Wisconsin with a balanced alcohol environment: All Wisconsin residents have the right to a family, community and working life protected frominjury, harm and other negative consequences of alcohol misuse. All of Wisconsin’s children have the right to grow up in an environment protected from thenegative consequences of alcohol use, including overexposure to alcohol advertising. Wisconsin’s residents have the right to complete, accurate and impartial information on the effectsand consequences of alcohol use and misuse beginning at a very early age. Wisconsin residents who choose not to consume alcohol, for any reason, have the right to havetheir decision supported without judgment or pressure to consume alcohol. All Wisconsin residents experiencing the effects of dangerous drinking or alcohol abuse shouldhave access to treatment and care.aWisconsin’s alcohol environment has evolved over time, community by community. Wisconsin residents arelargely unaware of the significant power communities have over their alcohol environment. Since alcohol isregulated and controlled locally, changes must occur incrementally in each community. Local alcohol controlgives individual citizens a significant amount of responsibility for control of the local alcohol environment.Wisconsin’s elected and appointed officials have the responsibility and authority to regulate the communityalcohol environment, but often lack the information and support needed to understand the legal and municipalissues of alcohol policy. Elected and local officials need an ongoing independent source of information andtraining on alcohol policy with the tools for municipalities to create a moderate alcohol environment and policeprotocols that remediate alcohol related problems economically and without disruption to the community at large.There is no single cause or remedy for Wisconsin’s alcohol-related problems. Action by both the WisconsinLegislature and municipal government is needed to successfully make the changes that will improve thestate’s alcohol environment. The 49 unanimous recommendations included in this report begin with legislativesupport for actions which enable municipalities and communities to create a positive alcohol environment.Recommendations are categorized by the organization responsible for implementing the recommendation. Everylevel of government and community institution has a role in reforming our culture of alcohol.aModeled upon the Ethical Principals and Goals of the European Charter on Alcohol, adopted December 1995.Wisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851-4-
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Final Report RecommendationsRecommendations Requiring Legislative or State ActionThe Wisconsin Legislatureshould approve actionpromoting public health andsafety, through an improvedalcohol environment.Legislative action isrecommended to restorelocal authority and policiesthat have been eroded overtime. Also, licensure fees must be restored to a levelneeded to support the local regulatoryresponsibilities.In 1997, Wisconsin Act 237 established January1, 1989 as the date from which all alcohol relatedoffenses are counted for purposes of determiningoffender status under Wis. Stat. § 343.307 andappropriate penalty exposure under § 346.65.In 2009, after experiencing the effects of having a20-year look-back period, Wisconsin enacted 2007Wis. Act 111. This Act created three new felonyclassifications to differentiate among the burgeoningnumber of repeat OWI offenders.bThe ACE work group recommends the followingrevisions to the current legal structure:1. Wisconsin statutes should be amended to allowsobriety checkpoints. The look-back period for counting purposesunder § 343.307 shall be narrowed to a tenyear window from the time of the currentoffense. DMV records shall continue to reflectall convictions, revocations and suspensionsas of January 1, 1989.2. Municipalities should be given the authority toban the sale of specific alcohol products withintheir communities.3. Municipalities should be given the authority tolimit operator’s licenses to individuals within themunicipality age 21 or older. The look-back period in felony cases ofhomicide by intoxicated use under § 940.09and great bodily harm by intoxicated use under§ 940.25 shall remain January 1, 1989.4. The 21 Minimum Legal Drinking Age (MLDA)has effectively reduced youth access to alcoholand traffic fatalities among young adults. Thiseffective public policy should not be repealed oramended. OWI Offenses under § 346.63(1) shall bepunishable under § 346.65(2)(am) as follows:o First offense will be a misdemeanor subjectto a fine of not less than 500 nor more than 1,000.c Not less than 48 hours in jail normore than 6 months.5. Wisconsin’s statues should be amended toprohibit parents, guardians and spouses overage 21 from purchasing alcohol in Class Bestablishments for their underage children orwards, while allowing parents and guardians toprovide alcohol to their own children within theprivacy of their home.o Second offense will be subject to a fine ofnot less than 1,000 nor more than 2,400,and imprisonment for not less than 30 daysnor more than 1 year in the county jail.d6. The ACE work group recognizes the importantrole the Operating While Intoxicated (OWI) lawsplay in shaping public attitude and behavior. Thedegree of societal tolerance is reflected in thelaws that prohibit and punish drunk driving.o Third offense will be a felony violation,subject to a fine of not less than 1,000 andimprisonment for not less than 1 year normore than 10 years in prison.bFifth and sixth OWI Class H felony: fine not to exceed 10,000, imprisonment not to exceed six years or both. Seventh, eighth andninth Class G felony: fine not to exceed 25,000, imprisonment not to exceed 10 years or both. Tenth and subsequent Class Ffelony: fine not to exceed 25,000, imprisonment not to exceed 12 years and six months or both. Effective April 2, 2008.cThis is an increase from the current second offense penalties of a fine not more than 350 nor more than 1,100 and imprisonmentfor not less than five days nor more than six months.dThis increases the forfeiture amount from not less than 150 nor more than 300.Wisconsin State Council on Alcohol and Other Drug Abuse 1 West Wilson Street, P.O. Box 7851 Madison, Wisconsin 53707-7851-5-
Alcohol, Culture and Environment Workgroup Recommendations – April 2010Final Report RecommendationsRecommendations Requiring Legislative or State Action–con’t.for a procedure that handles absolute sobrietyviolations differently than under the current statusquo. We recommend absolute sobriety violationswith blood alcohol less than .08 be entered on thecitation and the youth released to a responsibleadult, without the transport and processingrequired of an adult changed with OWI. Thismethod preserves severity and correspondingpenalties of this offense, maintains public safetyand allows law enforcement to process theviolation and quickly return to duty.o Incarcerated felony offenders shall haveaccess to evidence-based AODA treatmentprior to release and shall have an aftercareplan in place for extended supervision. “Code Red” will be implemented as a conditionof release (bond or bail) for all OWI offenders.An offender is required to report to thedesignated agency twice a day, every day, andprovide an alcohol-free breath test sample. Homicide by intoxicated use under § 940.09is a Class D felony unless a person has oneor more prior convictions, suspensions, orrevocations, as counted under s. 343.307(2),which makes the offense a Class C felony.8. Wisconsin statutes should be amended to requireall individuals who pour, serve or mix alcohol totake responsible beverage server (RBS) classesregardless of individual licensure. A Class D felony is subject to a fine not toexceed 100,000, or imprisonment not toexceed 25 years, or both. A Class C felony issubject to a fine not to exceed 100,000, orimprisonment not to exceed 40 years, or both.9. The Department of Revenue should requirethat the followin
alcohol environment. The problems associated with Wisconsin’s culture of alcohol have been widely reported and discussed in the media, while a vision of a healthy alcohol environment in Wisconsin has remained unclear. Wisconsin’s alcohol environment has evolved over time, community by community. Wisconsin residents are
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