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tangent4ronpaul
03-11-2013, 12:04 AM
http://www.gazette.net/article/20130308/NEWS/130309155/-1/booze-control&template=gazette

Every year 9,878 Americans are killed in drunken driving accidents, and 350,000 more are injured (compared to 8,583 Americans who are victims of firearms murders).

Alcohol abuse and addiction also lead to underage drinking, binge drinking, date rape, divorce, disability, suicide, career failures and widespread health hazards placing a significant strain on public and private health systems.

The time has come to limit access to alcohol, an inherently dangerous substance. That’s why every state lawmaker and voter should support Gov. Martin O’Malley’s farsighted reform initiative, “The Alcohol Safety Act of 2013.”

The governor’s proposal is a reasonable tightening of Maryland’s alcohol beverage laws, which currently fail to protect the public from the dangers of alcohol abuse. Most importantly, this new law will save lives.

The act provides three reform measures as follows:

Prohibit High-Capacity Alcoholic Beverages

Currently there virtually is no legal limit on the alcohol content of alcoholic beverages sold in Maryland. High-capacity beverages of more than 10 percent alcoholic content serve no positive public or social purpose. Their chief aim is to induce rapid and long-lasting intoxication with all of its associated negative consequences.

O’Malley’s Alcohol Safety Act prohibits the sale, use or possession of any alcoholic beverage with more than a 10 percent alcohol content. Limiting alcoholic beverages to beer and light wines is a proper balance between public access to alcohol and public safety.

The act also prohibits the sale of so-called “miniatures” (small bottles) and “singles” (single cans of beer), products commonly associated with alcoholism and drunken driving.

If approved by the legislature, the act takes effect Jan. 1, 2014, providing adequate time for dealers and consumers to dispose of the soon-to-be illegal beverages. Until then, state and local governments might conduct “buy-back” programs wherein the prohibited beverages are exchanged for gift cards or cash.

The act exempts Maryland manufacturers of high-capacity alcoholic beverages and transportation to less enlightened states which still permit such beverages.

Licensing

The Act requires alcoholic beverage consumers to apply for an “Alcoholic Beverage Qualification License.” The purchase or possession of alcoholic beverages without such a license will be illegal after January 1, 2014. To obtain the license an applicant must:

— Be over 21 years of age

— Be fingerprinted

— Pass federal and state background checks for criminal convictions, mental disorders and restraining orders

— Sign an oath that they are eligible to possess/consume alcohol

— Pass a four-hour training course in alcohol usage and law.

— Pay for the background checks and a $25 license fee

— Pay a $20 license renewal fee every five years

This important licensing measure is designed to thwart so-called “straw purchases” of alcohol, a major factor in underage drinking. In Maryland last year 27.3 percent of youths between ages 12 to 20 used alcohol. That’s 194,000 cases of underage drinking, which will be addressed by this new licensing safeguard.

Restricting alcohol sales to license holders also will help keep alcohol out of the hands of alcoholics and motorists with previous drunken driving convictions.

The penalty for license violations is up to five years in prison and up to $10,000 in fines.

Dealers

Currently liquor stores, bars, taverns, restaurants and other alcoholic beverage outlets are subject to various use and sales restrictions. But in order to make Maryland’s new alcoholic beverage licensing measure effective, new record-keeping requirements must be applied to alcoholic beverage dealers as follows:

— Keep detailed, up-to-date inventory records, which are subject to periodic state inspection.

— Keep detailed, up-to-date sales records of every item sold, the date of sale and the name, address and license number of every purchaser. These records are also subject to periodic state inspection.

— First infractions are subject to $1,000 fine. Second infractions are subject to a $10,000 fine.

O’Malley’s crackdown on alcohol abuse has drawn broad public support: A recent Washington Post poll showed 97 percent of Maryland teetotalers and households without alcoholic beverages support the act. And when all Maryland voters were asked “would you support reasonable reforms that help end drunken driving and save lives?,” 94 percent answered positively.

Will Governor O’Malley’s Alcohol Safety Act of 2013 lead to a black market in high-capacity alcoholic beverages illegally imported from other states? Probably. Will the Act reduce “straw purchases,” underage drinking and drunken driving deaths? Probably not.

But, by passing these restrictions, state lawmakers and residents can say “we did something about alcohol” even if it’s only a meaningless symbolic gesture.

-t

tangent4ronpaul
03-11-2013, 12:34 AM
(This is not parody - but it should be...)

Open carry of booze may be banned...

Doctor note bypasses open container law
Open container exemption costing the state
http://www.krqe.com/dpp/news/politics/doctor-note-bypasses-open-container-law

ALBUQUERQUE (KRQE) - There are two exemptions in New Mexico's open container law that allow some in the state to drive with an open bottle of alcohol in their car - those exceptions could cost the state a bundle in federal road money.

Its not unusual for law enforcement to pull out bottles of booze and open containers of liquor from cars at DWI checkpoints. And in those cases the driver is cited.

However, according to the current open container law people can have open alcoholic beverages in a car if it's "upon the recommendation of a doctor for medicinal purposes."

The law also allows clergymen to carry open alcohol if it's for religious purposes.

The state Department of Transportation said those exemptions go against federal regulations which means New Mexico could lose federal highway funding.

"It would be about $7 million," DOT Director of Planning and Safety Michael Sandoval said.

Sandoval said DOT officials asked Democratic Senator John Sapien to back Senate Bill 345 that crosses out those exemptions.

Clergy would be allowed to carry their communal wine in a car trunk. The same would not be allowed for people prescribed remedies containing alcohol.

"I think its just something that somebody thought would be a good exemption way back when," Sandoval said.

The last time it was really popular was decades ago when doctors prescribed remedies like Laudanum, an alcoholic herbal mix also known as an opiate which was used for a wide range of ailments.

Sapien doesn't think this exemption is needed anymore especially if it could cost the state.

"Losing any amount of federal funding just is not prudent at this point," Sapien said.

DOT officials said if the bill is not passed it could still get that money but it could only be used for the anti DWI campaign and not for road construction. Transportation officials said the state needs more money for roads right now.

The bill is still stuck in a senate committee.

-t

This bill reminds me of a picnic basket I have downstairs. It sports 4 wine glasses and space for a wine bottle as well as the other picnic stuff. So say we go on a picnic, what are my options?

1) Finish the wine and risk a DUI because of my BAC
2) Cork it and risk arrest for an open container
3) pour it out and waste a perfectly good half bottle of wine

Man! - this sucks! Sure isn't the country I grew up in :mad:

tangent4ronpaul
03-11-2013, 12:48 AM
(This one isn't parody either - but it should be)
Remember that in many places, blood alcohol levels are so low that 2 glasses of wine or 2 beers will earn you a DUI.

ID/background checks to buy alcohol
http://www.nytimes.com/2013/03/09/us/new-mexico-alcohol-sales-dwi-convicts.html

SANTA FE, N.M. — For years, New Mexico has had one of the highest rates of alcohol-related traffic deaths in the nation. And during each legislative session, it seems, lawmakers wrestle with how to make the state’s highways and rural roads safer, usually spurred by the latest horrific accident.

This week, an aggressive new bill was being considered that would forbid many people convicted of drunken driving from buying alcohol anywhere — stores, restaurants or bars. If it passes, it would be among the most restrictive drunken-driving laws in the nation.

Under a 2005 New Mexico law, people convicted of drunken driving are required to install ignition interlock devices in their vehicles, typically for one year for a first offense. Drivers have to breathe into the device to start the ignition, and it does not allow the car to start if it detects a threshold level of alcohol on the driver’s breath.

The current proposal would expand that measure, barring thousands of New Mexicans who are required to have the devices from buying alcohol at all. Under the measure, drivers with the interlocks would be issued a specially marked license indicating that they are prohibited from buying alcohol.

The idea has gained popularity. This week, the measure sailed through the State House of Representatives in a 59-to-5 vote, and it cleared a Senate committee on Friday.

State Representative Brian Egolf, a Democrat from Santa Fe, said he was motivated to introduce the bill after seeing a man with an interlock device in his car buy miniature bottles of whiskey and a Coke at a convenience store.

The man poured the whiskey into the Coke, blew into the interlock device and started his car. He then placed the drink in the car’s cup holder and drove off.

“We have a terrible problem in New Mexico,” Mr. Egolf said, “and what we are trying to do is come at it from the other side, not just the punitive, incarceration and interlock side.”

According the National Conference of State Legislatures, about half the states monitor a drunken-driving offender’s alcohol consumption as part of their sentence, probation or bond, usually through an ankle bracelet.

The proposed New Mexico law is distinctive in that it attempts to block the purchase of alcohol, said Anne Teigen, a senior policy specialist with the group.

Alaska is one other state with a similar law, Ms. Teigen said. There, a judge can order an offender not to buy alcohol, in which case his state identification card is marked.

Not everyone thinks Mr. Egolf’s proposal is feasible.

“I don’t see this affecting the reduction of death and injury,” said Linda Atkinson, executive director of the D.W.I. Resource Center in Albuquerque, which has pushed for tougher drunken-driving laws. “A lot of times, you see bills that make logical sense, but can you really prohibit someone from purchasing alcohol?”

According to federal transportation data compiled by the group, in 2011, New Mexico had the eighth-highest death rate in the nation from alcohol-related crashes. (North Dakota had the highest rate.) That was an improvement from 2001, when the state was ranked fourth, according to the group.

Ms. Atkinson said she would rather see current laws enforced to ensure that those who are ordered to use an ignition lock actually install them.

About half of New Mexicans convicted of drunken driving do not have ignition interlock devices, because they claim not to have a car, that they will not drive or they simply disobey the court order, according to Richard Roth, a research consultant who tracks New Mexico drunken-driving data.

Representative Antonio Maestas, a Democrat from Albuquerque, said that while the measure was well-intentioned, he worried that it merely criminalized addiction.

“What this bill does, in my opinion, is essentially micromanage alcoholism without providing a treatment option,” said Mr. Maestas, who voted against it.

Mr. Egolf acknowledged that his proposal was imperfect, but maintained that it would make it more difficult for offenders to flout the law. And he pointed to an accident near Santa Fe on Monday, in which a driver suspected of being drunk collided with two cars, injuring a pregnant woman.

“People are tired of seeing families destroyed,” he said.

-t