Serving Alcohol to a Minor

[Hutieu]

My question involves criminal law for the state of: Oklahoma

Today my wife, a waitress, and the owner of the restaurant both received citations during a sting operation for serving alcohol to an under age person. The table where the police woman and the under age person were sitting at was served by another waiter who did checked the person ID but failed to calculate the age and took the order. The restaurant was busy at the time so when the margaritta came out at the bar window, my wife tried to help and brought the drinks and foods to the table. The police woman told my wife that she would be criminally charged and would expect to see the judge. The waiter who took the order was not charged. Restaurant security camera recorded this event from start to finish.

My wife has never had any trouble with the law before and we are extremely worried. What is going to happen to her? What should we do now? We really appreciate your advices.

Thank you!

[LawResearcherMissy]

What should we do now?

Get an attorney. I cannot emphasize this enough. She is facing penalties of $2,500.00 to $5,000.00 in fines and/or up to 5 years in jail.

Have your attorney get hold of the tapes showing that someone else took the order - it might help, though it may be that your wife was also responsible for checking ID before serving.

[Hutieu]

Thank you for replying!

Could you please point me to the site/document that shows details about the penalties?

[Security Consultant]

Title 37. Intoxicating Liquors

F. Any person who shall knowingly sell, furnish or give alcoholic beverage to a person under twenty-one (21) years of age shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this subsection.

I'm an ex-liquor control agent and as Missy stated, get an attorney, but one that specializes in Dram Shop.

[jk]

Title 37. Intoxicating Liquors

F. Any person who shall knowingly sell, furnish or give alcoholic beverage to a person under twenty-one (21) years of age shall be guilty of a felony, and shall be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or both such fine and imprisonment. The ABLE Commission shall revoke the license of any person convicted of a violation of this subsection.

I'm an ex-liquor control agent and as Missy stated, get an attorney, but one that specializes in Dram Shop.

Ok whizkids; given the circumstances, is it valid, or even reasonable to argue it was not knowingly since there was a presumption of proper age due to the acts of the other server?

[Security Consultant]

Here's my opinion based on my experience. The "other server" was not the actual server - she was. You cannot rely on someone else checking and verifying the age. She was the responsible party.

I've seen cases where there was an ID checker at the door and the checker missed the age. The checker is not held responsible as they were not the server.

The owner of the restaurant is facing a revocation of their liquor license as in Oklahoma, the law says the license shall be revoked upon conviction. It would behoove the establishment to hire an experienced dram shop attorney to represent both of them.

[jk]

I've seen cases where there was an ID checker at the door and the checker missed the age. The checker is not held responsible as they were not the server.

that screams trouble.

wasn't trying to dissuade the OP from seeking a lawyer. Obviously that is the best advice anybody can give given the situation. Just trying to pick at the law.

[LawResearcherMissy]

Ok whizkids; given the circumstances, is it valid, or even reasonable to argue it was not knowingly since there was a presumption of proper age due to the acts of the other server?

It's a tricksy question, and really depends on whether the prosecutors want to play hardball with the "illegal to sell" applying to the person who took the order and "illegal to serve" applying to the OP's wife.

The ONLY thing that MIGHT save the server's bacon is the restaurant's apparent policy that everyone needs to pitch in. This is not an uncommon thing, I've been in three restaurants this month where the person who brought my drink was different from the person who took the order and carded me. (I still get carded at 42 because of the flaming purple hair.) From where I sit, it's a reasonable presumption that the person taking the order read the ID correctly, but that again is going to depend on the prosecutors.

What makes it worse she is the owner of the bar and is expected to know better.

Mm, no, our OP's wife is not the restaurant owner. The punctuation and phrasing makes it look that way, but closer reading indicates that OP's wife (server) AND the owner were cited. But yes, the owner needs a Dram Shop attorney!

[Security Consultant]

Mm, no, our OP's wife is not the restaurant owner. Yep, I reread the OP post and saw that - corrected.

The ONLY thing that MIGHT save the server's bacon is the restaurant's apparent policy that everyone needs to pitch in. Restaurant or workplace policy does not trump the law.

I get carded all the time at 63 and I have grey hair.