Policing the liquor police
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"Judge, jury and executioner."
That's how Rep. Curt Oda describes the state Department of Alcoholic Beverage Control's dealings with taverns and private clubs in the state. In the parlance of the business world, it's a state agency that's "vertically integrated" -- absent the checks and balances usually found in government.
Oda's onto something. He thinks once the DABC has investigated a possible violation of the state's liquor laws, it should have to turn the information over to the attorney general's office for review before it could punish the offending drinking establishment.
To that end, the Clearfield lawmaker is sponsoring House Bill 344, which would bring the attorney general's office into the enforcement loop. Currently, the State Bureau of Investigators runs annual overt and/or covert compliance operations at each tavern or private club -- at least one per year per liquor and/or beer licensee. If it discovers violations, it works hand-in-hand with the DABC to further investigate, then the DABC reviews the case and decides what fines, suspensions or other punishments are appropriate.
Oda's point is well-made: That's a severe concentration of power in a single government entity. Outside the realm of alcoholic beverage enforcement, the police investigate the crimes, then prosecutors decide whether the evidence merits taking the case to court, and finally a judge or jury renders a verdict of guilt or innocence.
That's not the way the DABC operates.
The case that spurred Oda's interest was one in the city where he lives: Clearfield. The State Bureau of Investigators ran covert surveillance at Bogey's private club, and Bogey's got tagged for permitting an intoxicated person on the premises and allowing a non-member "entry and sale." In the end, the first alleged violation was dismissed, but Bogey's did have to pay $1,500 in fines -- for the "entry and sale" violation and hearing costs.
Other matters relating to the case are ongoing, however. The state has already found that one of the State Bureau of Investigators agents did, in fact, make an inappropriate comment to a Bogey's waitress, and is continuing to investigate an additional comment.
Oda's bill might be just the head-slap the SBI and DABC need, if their agents are behaving inappropriately while conducting official state investigations. This may be an indication of a rogue investigator or two. Or, worse, it's indicative of arrogance within a state agency that has come to regard itself as untouchable.
As of this writing, HB 344 sits in the House Rules Committee awaiting debate. We hope lawmakers have the courage to talk this over and rethink the broad powers of an agency that is, as Oda says, "judge, jury and executioner."
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The Securities Fraud Division is under the the AG and still operates as an independent agency charging massive fines and then having the AG then file criminal charges on all the ill gotten informaition accumulated by the agency.