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  1. #1
    Join Date
    Apr 2011
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    2

    Default Charge of Selling Alcohol to Minor

    My question involves criminal law for the state of: Florida

    I was filling in for my friend at a liquor store because I knew how to run the type of register, where I had to manually look for a price by going back to the shelves to see the price tag. However, I got to the busy time of day where there were a lot of customers, and I was getting stressed by the long line waiting for me, so stupidly, I was running back and forth to get the prices and didn't notice that one of the girls I sold to looked about 20 and unintentionally sold her alcohol. The police came in a little later and got my information. I should have paid more attention, and I know there are no excuses but it was my first time filling in, and I was by myself with no help during a very busy hour.

    i was wondering, would it be recorded into my criminal record even after I pay a fine? I haven't gone to court yet, what are the consequences?

    Thank you for any help I receive...

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,175

    Default Re: Charge of Selling Alcohol to Minor

    Quote Quoting traz
    View Post
    i was wondering, would it be recorded into my criminal record even after I pay a fine?
    Paying a fine means you either pleaded guilty or was found guilty. So yes, it will count against you!

    Quote Quoting traz
    View Post
    I haven't gone to court yet, what are the consequences?
    Post the code section/statute you were cited for/charged with and maybe someone can look up what the penalties are.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Charge of Selling Alcohol to Minor

    charges/florida statute number

    S62.11(1)

    I'm not sure what that means...

    and even if it was my mistake on forgetting to check the ID, should I plead guilty? what are the consequences?

  4. #4
    Join Date
    Jul 2010
    Posts
    3,457

    Default Re: Charge of Selling Alcohol to Minor

    Any and all consequences available for the statute you are accused of violating. Fines, community service, probation, suspension/revoking of your license to pour/sell liquor, and perhaps even jail but I wouldn't be too concerned about that.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Charge of Selling Alcohol to Minor

    Quote Quoting traz
    View Post
    charges/florida statute number

    S62.11(1)

    I'm not sure what that means...

    and even if it was my mistake on forgetting to check the ID, should I plead guilty? what are the consequences?
    That should be a 562.11(1) (a "5", not an "S").

    I am only going to quote the pertinent sections of the statute but you can (and SHOULD) read the entire statute HERE.

    562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.—
    (1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subparagraph a second or subsequent time within 1 year after a prior conviction commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    2. In addition to any other penalty imposed for a violation of subparagraph 1., the court may order the Department of Highway Safety and Motor Vehicles to withhold the issuance of, or suspend or revoke, the driver’s license or driving privilege, as provided in s. 322.057, of any person who violates subparagraph 1. This subparagraph does not apply to a licensee, as defined in s. 561.01, who violates subparagraph 1. while acting within the scope of his or her license or an employee or agent of a licensee, as defined in s. 561.01, who violates subparagraph 1. while engaged within the scope of his or her employment or agency.
    (b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide alcoholic beverages to a person younger than 21 years of age who is employed by the licensee except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than 21 years of age who is employed by the licensee to consume alcoholic beverages on the licensed premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as “the Christopher Fugate Act.”
    (c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver’s license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in 2s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.
    (d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served:
    1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older;
    2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and
    3. Such person carefully checked a driver’s license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.

    The penalties may include (but are not limited to) a minimum fine of $500 plus assessments and court costs (per 775.083), PLUS up to 60 days in jail (per 775.082).

    This is a 2nd degree misdemeanor (criminal) charge and a conviction (and/or) a "guilty plea" will mean that it will remain on your record FOREVER. As such, it would be in your best interest to consult with a criminal law attorney who can advise you best as to what options and possible defenses you may have.

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