May 18, 2022 Vol. 19

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The National Liquor Law Enforcement Association (NLLEA) is a non-profit association

of law enforcement personnel dedicated to the enforcement of liquor laws and regulations.

Click Here to Renew 2022-23 NLLEA Membership

To renew your NLLEA Agency Membership for 2022-23 go to www.nllea.org and log in with your email and password.   Click on my agency, (right below your name) that will take you to your agency page, then click on renew membership, it is a purple button in left corner, then enter your credit card information and hit submit. If you have any problems at all just call Carrie Christofes, Executive Director at 724-762-5939 and she will take your payment over the phone. 

Click Here to Register for the 2022 NLLEA Conference

Conference Registration and Hotel Booking are Now Available

Registration is $500.00 for members and $650.00 for non-members

Hotel Accomodations for NLLEA Guests is $149.00/night

NLLEA Conference is a professional law enforcement event, open to NLLEA members, qualified non-members, public health professionals and exhibitors

Click Here for Sergeant-at-Arms Application

Sergeant-at-Arms Nominations

The National Liquor Law Enforcement Association (NLLEA) Executive Board is seeking self-nominations for the 2022 Sergeant-at-Arms position for the Board. This is a volunteer position. Elections will be held during the Business Meeting at the 35th Annual NLLEA Conference being held September 26-28 at the Sheraton Hotel Station Square in Pittsburgh, PA. 

A national organization offers a solution to violence in Milwaukee's downtown entertainment areas

A national organization that has already been working with Milwaukee leaders says it has a plan to help make the city safer at night.

The Responsible Hospitality Institute (RHI) says it starts by creating a new department within the city. At least one business says a solution needs to come quickly.

A plan from the city could be coming, in part from the RHI. The non-profit has been working with Milwaukee leaders, including the organization Milwaukee Downtown Business Improvement District #21 since 2015. The president of RHI, Jim Peters, is recommending the City of Milwaukee develop a new city office similar to other major cities.

“New York, Philadelphia, D.C. and San Francisco, they have an Office of Nightlife or Office of Nightlife and Culture,” said Peters.

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Virginia Skill Gaming Injunction Extended, Controversial Games to Continue Operating

The Virginia skill gaming legal dilemma will not be resolved for at least another six months. That’s after a state judge extended an injunction on the controversial machines until November 2, 2022.

Skill gaming machines closely resemble outdated slot machines. After a player makes a bet, colorful reels spin and classic Las Vegas-style slot sounds play as the outcome is revealed.

But unlike a slot machine, a skill gaming terminal requires that the player identify a winning payline. If they do not within the allocated time — usually five to 10 seconds –the win is canceled. A slot machine in a regulated casino automatically informs the gambler if they won or lost with no further action.

The “skill” component, which is essentially just tapping one’s finger on the winning symbols, is why backers of the devices say they do not constitute gambling and are therefore not subject to gambling laws. Casino interests and those opposed to the machines’ proliferation across the commonwealth in restaurants and bars, convenience and grocery stores, and even fully dedicated strip mall establishments where the business is built entirely around the terminals argue the games constitute illegal, unregulated gambling.

Amid the pandemic, Virginia lawmakers in early 2020 opted to legalize the devices for a one-year period. The temporary authorization, which expired June 30, 2021, was to help such small businesses offset some of their revenue losses caused by COVID-19.

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100 Eight-Liner Machines, Over $15K Seized in San Antonio, Texas Gambling Raid

Tens of thousands of dollars and an estimated 100 eight-liner gaming machines were commandeered by sheriff’s deputies after a gambling raid in San Antonio, Texas. The court-ordered search took place last Friday around sunrise.  The illicit gambling den was housed on a parcel in the city’s South Side. Various buildings and sheds were connected to hold the gaming operation, Bexar County Sheriff Javier Salazar explained during a press conference at the crime scene.

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Agents remind parents, students of Ohio’s alcohol law ahead of graduation

Agents with the Ohio Investigative Unit (OIU) and the Ohio Division of Liquor Control are reminding high school students not to use drugs or alcohol during graduation celebrations. Agents are also encouraging parents to refrain from furnishing alcohol or a place to consume alcohol.

“Hosting a graduation party with alcohol is not giving your children and their friends a safe place to gather,” said Senior Enforcement Commander Erik Lockhart. “Adults who choose to host a party with drugs and alcohol are not only opening themselves up for jail time, fines, and civil suits; but could ultimately be responsible for the loss of life.”

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Alcohol Brands Are Getting into the NFT Space. What Does This Mean for Legal Compliance?

The offering of non-fungible tokens in the beverage alcohol industry is a growing practice, but brands must learn to navigate this legal gray area

Once a niche of the art and music worlds, the release of non-fungible tokens, or NFTs, has spread among luxury fashion brands and iconic movie franchises alike. More recently, beverage alcohol brands have jumped on the bandwagon, with Budweiser selling all of its $500 NFTs within an hour and Glenfiddich releasing rare bottles of 1973 Armagnac Cask Finish Single Malt Scotch via an NFT drop.

The reasons why a beverage brand might want to get into the NFT space are myriad, from avoiding counterfeit bottles to creating a splash when launching a new brand. But with many of these NFTs attached to physical bottles of alcohol, it also presents questions around compliance—many of which remain unanswered. How can beverage brands both large and small legally dip a toe into the new world of NFTs?

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WA-Delivery services possibly making it easier for minors to purchase alcohol

Delivery services made getting food and other items extremely convenient during the pandemic, but now, they may be making it easier for minors to purchase alcohol.

Even though third party apps like Door Dash and Insta Cart require an I.D for alcohol upon delivery, it still might not be enough to keep it out of the hands of those under 21.

The Washington State Department of Liquor and Cannabis Board (LCB) says out of 7 compliance checks with alcohol delivery and curbside pick ups, 2 were not successful.

Delivery of alcohol is very new in the state of Washington so they are still trying to figure out how to regulate it and do proper compliance checks.

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NC-8 Pender County stores cited for selling alcohol to underage individuals

The Pender County Sheriff’s Office cited eight stores Tuesday for selling alcohol to customers under 21. It’s the first underage compliance check the department has conducted since the pandemic, the last done in July 2019.

Vice and narcotics officers investigated 17 stores earlier in the week, some chosen at random and some due to citizen complaints. Eight businesses were cited for illegally selling alcohol to minors:

During compliance checks, underage informants are brought in to attempt to buy alcohol at select stores.

“If successful, officers enter the store immediately, and the individual who sold the alcohol is charged on the spot,” narcotics detective Sgt. Tom Turner wrote to Port City Daily.

Alcohol Law Enforcement agents — a division of the Department of Public Safety — assist with operations and follow up with businesses to obtain relevant information, such as its alcohol license. ALE officers further investigate the store, which can lead to fines and permit issues, Turner explained.

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At least 21 people injured in three downtown Milwaukee shootings after Bucks playoff game

At least 21 people were shot and injured in three separate shootings in Milwaukee's downtown bar district after the Milwaukee Bucks playoff game, which drew thousands of people to the Deer District.

Following the shootings, Milwaukee Mayor Cavalier Johnson imposed a curfew Saturday afternoon for parts of downtown on Saturday and Sunday nights. The curfew will run from 11 p.m. to 5:30 a.m. for people under 21 years old.

One of the shootings left 17 people wounded. Five of the people who were injured were armed and taken into custody, police said Saturday. 

The victims ranged in age from 15 to 47, and all are expected to survive, Milwaukee police said. Ten people, ranging in age from juveniles to adults, were arrested and nine guns were recovered.

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Jury convicts man accused of falsifying records in alcohol testing device calibrations

One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments faces prison after being convicted by a jury Thursday.

Michigan Attorney General Dana Nessel in 2020 filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the Attorney General’s Public Integrity Unit (PIU) and the Michigan State Police (MSP) led to the criminal cases. 

John pleaded guilty to all nine charges he faced and was sentenced to 36 months’ probation, with the first nine months served in the Kalamazoo County Jail, Nessel's office said in a news release.  

Clark opted for trial, which began Monday in Eaton County Circuit Court. After spending four hours deliberating, a jury convicted Clark late Thursday afternoon on all counts, the release said. 

The charges against Clark are: 

  • Two counts, forgery of a public record, a 14-year felony. 
  • Two counts, uttering and publishing, a 14-year felony. 
  • Two counts, use of a computer to commit a crime, a 10-year felony. 

Clark worked for Intoximeters, a St. Louis company that had a state contract to service the machines. He was accused of creating false documents to show he completed tests and repairs on DataMasters at two police agencies.

The charges against him were dismissed by an Eaton County district judge in December 2020 but were reinstated by an Eaton County circuit judge in May 2021.

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WA-State Liquor & Cannabis Board announces free, voluntary security assessments for pot shops

The Washington State Liquor and Cannabis Board (LCB) announced on Friday that it has contracted with a private security team to provide free, on-site security assessments for individual pot shops

The move comes after pot shops in western Washington have seen a dramatic increase in armed robberies, some of them turning deadly. 

At the end of March, over 50 pot shop robberies were reported. Uncle Ike's, which has several pot shop locations across Puget Sound, has been keeping its own record of pot shop robberies since 2017. 

As of April 28, their last robbery entry, they reported 84 armed robberies for the year so far. 

 "We’re very, very happy the LCB is recognizing the problem. We don’t know what the training will be, but hopefully there will be some valuable tips to keep our staff and customers safer," said Ian Eisenberg, owner of Uncle Ike's.

Under federal law, pot shops are cash-only retailers. Store owners and advocates say having that much cash on hand makes pot shops targets. 

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Lab Study: Over 50% of Hemp Delta-9 Products Are Mislabeled, and Get You Higher Than Cannabis

The cannabinoid trends have come full circle. After CBD hit the mainstream, hemp companies realized there was a lot of potential in delta-8 THC, and around that time, tons of new contenders popped up, including delta-10, THC-O, THC-P and HHC, but one familiar name has come back around to dominate the industry: delta-9 THC. It’s the only cannabinoid that’s been specifically made illegal, but through the specific definitions used in the bill that resurrected the hemp industry, companies have found a way to get it on the market, apparently legally.

But are these companies reliable? If a customer buys a “hemp delta-9” product, are they going to get what they expected? Do they really fall within legal limits? And are the dosages involved safe?

To answer these questions, we’ve purchased 53 of the most popular hemp-derived delta-9 THC products, and sent them to an independent lab for testing, including both potency testing and checks for impurities or leftovers from the manufacturing process. We’ve also consulted experts in the legalities, practicalities and science of the hemp delta-9 industry to get to the root of both the problems with the industry and their solutions.

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If you have Alcohol Law Enforcement news to share please send it to Carrie Christofes, Executive Director carrie.christofes@nllea.org

2021-22 NLLEA Board Members:

Todd Merlina, President - PA - tmerlina@pa.gov

Thomas Kirby, Vice President - VA - thomas.kirby@virginiaabc.com

Israel Morrow, Secretary/Treasurer - NC - israel.morrow@ncdps.gov

Jim Diana, Sergeant at Arms - DE -james.diana@delaware.gov

John Yeomans, President - DE - john.yeomans@delaware.gov

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