Alcohol Policy
Alcohol policies are those regulations, laws and rules
that govern the manufacture, promotion, distribution, sale,
and use of alcohol. Examples of alcohol policies that
are intended to reduce alcohol problems through environmental
prevention include:
- Raising Alcohol Excise Taxes
- Keg Tagging
- Responsible Beverage Service (RBS) Training
- Product Labeling
- Limiting Alcohol Sales Licenses
- Enforcement of Underage Drinking Laws
- Limiting Alcohol Sales at public events
- Restrictions on Alcohol Advertisements:
- At Sporting Events
- To Underage Youth
- Holding Adults Responsible for Teen Parties
- Land Use Policies
- Concurrent Sales of Alcohol
- Dram shop Liability and Legislation
Federal, State, and local governments establish alcohol
policy. In some cases, State, Federal and local policies
overlap. In addition, all three branches of State and Federal
Government—the executive, legislative, and judicial—affect
the framework of alcohol policy in the United States.
For more information on
who has authority to enact types of public alcohol policies
and how alcohol policy is shaped, see:
TYPES OF LAW
Statutory Law—Created by Legislative Bodies or Voter
Initiative
Every State and the Federal Government
publish statutory laws in two forms: enacted bills and codified
statutes. Enacted bills are those bills enacted into
law during a given legislative session (for more information
on the CA State legislative process, please see the Legislative
Action Pack). Enacted bills create new laws or
amend existing laws. Codified statutes then group the enacted
bills, organized by subject.
Administrative Law—Created by Regulatory Agencies
Every State and the Federal Government also create administrative
laws (also called regulations). A great deal of alcohol policy
is found in State administrative codes or the codes of the
U.S. Government, including the
Federal Register and the
Code of Federal Regulations (CFR) .
States vary in their requirements for issuing formal regulations,
and many governance decisions may be made in administrative
decisions that are not included in a State's administrative
code.
Agencies may also have review processes designed to resolve
conflicts arising under or requiring the application of administrative
regulations. The resulting administrative decisions also
have the effect of law.
Case Law—Legal Opinions
Law is also made by courts in resolving cases requiring
the interpretation, application, or implementation of various
laws. The Federal court system is separate from those of
each state. Each system has its own hierarchy of appellate
courts to review the decisions of the lower or trial courts.
The opinions in these cases are known as decisions, and are
collectively referred to as "case law."
Court cases start at the trial level and most decisions
are made at the trial court level without further review.
Trial court actions usually have little or no effect beyond
the jurisdiction in which the trial court is located, and
trial court decisions are not normally widely reported or
easily accessible.
Parties dissatisfied with a trial court's action can seek review
from an appeals court, with the U.S. Supreme Court the final
arbiter purely of Federal law and State Supreme Courts the
final arbiter of State law. Appellate cases are routinely reported
and have precedential value (setting a precedent), at least
within the jurisdiction where the appellate court sits. |
