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  1. #1
    Join Date
    Jun 2015
    Posts
    2

    Default Bartender Mistakenly Sold Alcohol to a Minor in a Sting Operation

    My question involves criminal law for the state of: Michigan

    Hello,

    I'd appreciate any advice you all can give me. I'm 19 and I'm a fairly new bartender at a bar and grill. I'm officially a bar back (essentially someone who aids the bartender when it is busy), but I was asked by multiple bartenders to cover their shifts. Despite the small experience I have, I can manage the bar by myself. Getting to the point of this post, we check pretty much everyone for an I.D. Before they can even enter the establishment, there is someone at the entrance checking I.D.'s. If they are of age, they receive a wrist band. Otherwise, they do not, and this shows that they cannot buy alcoholic drinks. A sting operation was conducted at the grill just a few days ago (however, I have absolutely no clue as to why they would target us. We are a fairly popular bar and have had sting operations conducted before at the place, yet we passed them all) and I was bartending that day. The two who were sent in to test me were a African American couple who honestly looked 25 or older. The day was busy, and they did not look obviously young or even on the border of too young, so I only looked at the wrist bands they had on. This, to me, showed me that they showed their I.D.'s at the entrance and are okay to be served. All of our bartenders trust the people at the entrance to check the I.D.'s carefully. It is their only job. However, they failed, thinking that the year to check was 1995, when it is actually 1994. The I.D. had the year 1995 on it, and the people at the entrance let them through. To wrap up, they ordered drinks, I served them, and a pair of cops (I assume? I do not know what agency they were from, I was too shaken to ask) swooped in and asked for my license. I have never done anything wrong, and I never had the intent of serving alcohol to minors. I have even carded people in the past.

    What kind of effect with this have on my record? Is the fine severe, and can it be altered in my case? I'm certain I'm at fault, but is there a way my punishment can be toned down due to my circumstances? It could have been any bartender, and they would have done the same as I did. I'm honestly very worried and slightly scared. Thanks again for any info/advice you all can offer.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Bartender Mistakenly Sold Alcohol to a Minor in a Sting Operation

    It appears the Michigan law only makes undercover alcohol sting violations a civil violation of $100 (probably some court costs added to that). If that is indeed the case, I'd just pay it.

    If you are charged with the misdemeanor form, then I'd be talking to an attorney (perhaps I would see if the establishment would like to contribute to that).

  3. #3
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Bartender Mistakenly Sold Alcohol to a Minor in a Sting Operation

    After further research, I think that is the case. I'll certainly pay it. Thank you very much for your input!

  4. #4
    Join Date
    Apr 2006
    Posts
    122

    Default Re: Bartender Mistakenly Sold Alcohol to a Minor in a Sting Operation

    I would ask your manager/boss to see if they can help you with this case. Since you were under the impression that the individuals you served were 21 or over and had wristbands they would be good to go. The Bouncer should be responsible and he/she is the one that allows them into the bar area after checking the ID and issuing them a wristband.

    While $100 is not too much to pay a blemish like this on your record could potentially hurt you and you may not be able to serve at a a bar due to the Alcoholic Beverage Board's strict terms on underage drinking.

    I think the Owner of the restaurant should be the one charged as you are working for them and you did not intentionally serve these underaged people in the stingring as you saw the wristband given by the bouncer or other staffmember who checked their ID's at the entrance. While you could have asked them for ID's as a spot check you saw the wristband and thought nothing more.

    Please keep us posted on the outcome When you pay $100 you admit to the guilt but see if you can contest it.

  5. #5

    Default Re: Bartender Mistakenly Sold Alcohol to a Minor in a Sting Operation

    The problem is that unless they are surgically implanted, wrist bands can move. THAT is why the onus is on the person actually serving the alcoholic beverage. Never count on another person's competency at their job to relieve your own responsibility. It'll never end well.

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