So I work at a gas station and I was helping the customer at my register. The clerk next to me told me she had a customer with alcohol, and she was 16 and too young to scan the alcohol, so I had to. I was preoccupied with my own customer so I didn't really pay attention. I asked for his ID, quickly glanced at it, and gave it back. Turns out the young man was a 19 year old working for the state in a compliance check. The police spoke with me and the young clerk who did the sale, and after viewing video footage, told me I could go, and they spoke with her for a few minutes. She was told she'd have to go to court and a judge would decide the penalty. So, I don't really know what to think of this. I read this sort of thing can be pretty serious and in some states the penalty can be a large fine and even jail! The thing is, it wasn't even that clerk's fault. The alcohol was in front of her, and she took money for it, but that's it. According to our store rules, since I was old enough, it was me who was responsible for looking at the ID and ringing it up. I OKed it, and she simply took the money for it. I've taken personal responsibility and told her that it was my fault, not hers. So what's gonna happen? I'll list some specific questions I have: Will there be steep penalties for her? Might I also be called into court? Is this gonna go on either of our records? Will either of us need a lawyer? Is it likely that I would be fired? I know the penalty differs by state-- this is in Minnesota. Hopefully someone here knows about this. Both of us are a little shaken up.
Read the following information. It pertains to the matter you speak of, in Minnesota. http://www.epi.umn.edu/alcohol/policy/compchks.shtm The issue appears to be an underage employee selling the alcohol. That looks to be the violation in this case. Because of the nature of the business (gas station) and that the alcohol was not 'served' on premises, there may be some valid defenses to be made, especially if the purchaser was not underage by state law. http://www.epi.umn.edu/alcohol/policy/sellrage.shtm I can understand your distress and wish you well with the followup investigation. Frequently it is the establishment that is served for not adequately training employees for the myriad of ways in which this circumstance can present.
BTW if you want a 100% way out...let them charge her- they have no case (as you point out they could only seriously charge you) her case will get thrown out with your testimony. Just promise me you will explain to the judge your predicament that they purposely tried to buy from her - her correct action - and your hurried action(plead the 5th though as you are not required to guilt yourself in testimony). It will make them look like fucking keystone cops and hopefully they will do their job better after the judge reams them out. She will get off 100% chance and they will probably not charge you.
In Washington state there is a bill up for vote that could allow hard liquor to be sold at supermarkets, Quick-stops, gas stations and restaurants, which would increase the likely hood of your problem being repeated many times over. However, besides the claims that it will increase teenage drinking, I don't know anything for sure. So I would like to get some forum feedback to help me make the correct vote? ============================================ The Battle of Washington State Costco asks voters to loosen restrictions on alcohol sales; wholesalers oppose while wineries are divided. http://www.winespectator.com/webfeature/show/id/43651
http://www.servsafe.com/downloads/pdf/ssa_keylaws/Minnesota.pdf Personally, considering the possible fine, I'd suggest that she get a lawyer and explain to the court, using the video, that she couldn't sell the alcohol and had the adult in the store check the ID.
Mod Hat — Disclaimer Mod Hat — Disclaimer Members should not consider legal advice given through Sciforums to be official, effective, or otherwise binding in the least unless the advisor specifically declares it so according to his or her specific standing with a given state's bar association. Even in such cases, Sciforums leaves that advice to the prerogative of the querient or recipient to consider according to their own judgment and, therefore, risk. Perhaps the best legal advice we can offer in any case is to find a jurist within the applicable jurisdiction, and inquire directly. For instance, depending on where one is at in the state, Southern Minnesota Regional Legal Services might be able to offer low-cost legal advice, as per their mission statement. I am uncertain what other resources there are for other parts of the state. Bottom line, official legal advice should only come from a genuine lawyer in good standing with his or her state's bar association. Anything else is mere conversation, as prone to big fish distortions, accidents of perception and interpretation, or other errors as two dropout history majors speculating on the Grand Unified Theory of physics. Be smart. Good luck.
Excellent points raised by Tiassa. The laws, their interpretation and their application can only be determined case by case by those with the appropriate responsibility and authority. Even at that level, opinions may vary, as is evidenced by the number of cases where a determination is appealed.
Whatever, these two can really afford to pay a lawyer as gas station attendants. Fuck the police, show up and defend yourselves.
If the state has that much of a hardon to make either one of these hard working people that made a MINOR error...a criminal...let them try so hard. They can do better these days in a life of crime.
Tiassa offered you the best advice. I think you should talk to a lawyer at the first opportunity before you say or do anything else related to this incident. Good luck.
I just bought a bottle of rum at the grocery store this afternoon as that is legal here if you are 21. (I squeak in under the wire by 40 years :itold: ) If you are not 21, then you can go across the border to Ontario where the age of majority is 18. That is also where they make Labatts Blue fine Canadian Pilsner. Please Register or Log in to view the hidden image! 'Course here, LEO does other much sleazier things on occasion......
19 in Ontario. 18 in Quebec and Alberta. We had better "grad" parties in Alberta than they do in Ontario as a result.
