FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421

Contact: State Rep. Thad Balkman
Capitol: (405) 557-7386
District: (405) 447-4988

Defeat of Beer Legislation Called a Victory for Lawbreakers

OKLAHOMA CITY (March 9)- The author of legislation to increase the
penalties for selling beer to teenagers and children said the bill's
defeat is a blow to public safety in Oklahoma.
House Bill 1706, by State Rep. Thad Balkman, would have created
the Prevention of Youth Access to Alcohol Act.
Under the bill's provisions, restaurants and stores that
repeatedly sold beer to minors would have lost their beer license for up
to three years, servers caught selling beer to minors could have faced
felony charges that resulted in large fines and jail time, and underage
youth who bought beer would have faced fines and the loss of their
driver's licenses.
The bill failed 3-7 in the House Corrections Committee this
week. An earlier version of the bill was also voted down in the same
committee.
"It's unfortunate that the committee chose to put profits over
kids' lives," said Balkman, R-Norman. "My bill was 'anti-business' only
if you're in business to sell beer to minors."
Balkman noted that state law already allows felony charges and
the loss of liquor licenses for selling hard liquor, such as whisky, to
minors. However, the sale of 3.2 percent alcohol beer to the same
children results in much lower penalties.
"Why are we so much more lenient when it comes to 3.2 beer than
we are with other alcoholic beverages?" Balkman said. "Kids can get
drunk and abuse both. I think it's good public policy to recognize that
3.2 beer is every bit as deadly as any other alcoholic beverage and
therefore those who sell it or serve it to minors ought to be held
accountable."
Balkman said the new version of House Bill 1706 contained
several changes that addressed the concerns of critics who previously
said his proposal was too tough on retailers and restaurants.
"I'm disappointed, because after this bill was originally heard
three weeks ago, I had several meetings with restaurant owners, bar
owners and convenience store operators to hear their concerns," Balkman
said. "By and large, the new version of the bill addressed most, if not
all, of their issues."
While the original version of House Bill 1706 mandated that a
restaurant or store lose its beer license the first time the entity was
caught selling beer to minors, the new version gradually increased
penalties.
"Restaurant owners said they try to do the right thing, but
mistakes happen and the loss of a license for a first offense was too
severe," Balkman said. "So I said fine, we're going to give you a free
pass for the first violation. The second time we're going to give the
judge discretion. And then the third time within a year, you're going to
lose your beer license for three years. And many restaurant owners told
me they agreed."
The Norman legislator also tried to address the concerns of
servers worried about being fooled by fake IDs. The revised House Bill
1706 would have exempted servers presented with forged identification
that a reasonable person would believe was legitimate.
Under House Bill 1706, a server convicted of repeatedly and
deliberately selling beer to minors would have faced up to five years in
prison, community service, and a fine of up to $5,000.
The bill also increased the penalties for kids who attempt to
purchase beer. Under current law, underage youth caught buying beer may
pay a $100 fine and serve up to 20 hours of community service. Under
House Bill 1706, kids would have faced fines of up to $1500 and 90 hours
of community service, and they would have endured the loss of their
driver's license for two years.
"I don't know how you can send a stronger message to a teenager
than to take their license," Balkman said.
Kids caught buying beer would have also been required to attend
an alcohol education class and undergo counseling at their own expense.
The bill also outlawed promotions that encourage binge drinking.
"The biggest reform in this law is the elimination of 'drown
nights' - the sale of unlimited beers for a fixed price - and the
elimination of 'happy hour' or 'penny nights,'" Balkman said. "Those
promotions are one of the root causes of binge drinking."
While disappointed to see his legislation shot down, Balkman
noted the issue is not dead. Senate Bill 666, which contains many of the
same proposals as Balkman's bill, passed the Senate 43-3 and now awaits
action in the Oklahoma House of Representatives.
"The Senate bill contains many of the same penalties as my
legislation and House members will have another opportunity to protect
Oklahoma's youth from unscrupulous businesses," Balkman said.
He noted that the penalties in House Bill 1706 have been
endorsed by law enforcement officials, the Oklahoma Institute for Child
Advocacy, the Oklahoma Alliance on Health or Tobacco, the Oklahoma
Nurses Association, the Oklahoma Prevention Policy Alliance, and the
Oklahoma Department of Mental Health and Substance Abuse Services.
The Norman legislator also noted that alcoholism has major
consequences in Oklahoma.
In 2003, there were 255 Oklahomans killed in an alcohol-related
crash. Studies indicate that 80 percent of alcohol-related fatalities
are caused by the consumption of beer.
In 2002, there were 2,207 Oklahomans under the age of 21
arrested for DUI, with 1,200 of those arrests involving people younger
than 18, records show. That same year, 15.8 percent of Oklahoma drunk
drivers involved in crashes were under the age of 21.
Studies have shown that youth who drink alcohol before age 15
are four times more likely to develop alcohol dependence than those who
start drinking at age 21.
And about one-fifth of people age 12 or older participate in
binge drinking at least once every 30 days, according to recent studies.
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