If I unknowingly sold alcohol to a minor can I be charged or will my employer be charged?

Question

About a week ago, a guy came into a grocery store where I was employed at the time and purchased some beer. I was thinking to myself that the guy didn't look to be 21 years old, so I asked him for his ID. The guy handed me a paper ID, so I looked at the guy’s year of birth and thought it said 1991 so I sold the guy the beer. A few minutes afterward the guy walks out of the store, an ABC (Alcohol Beverage Control) agent came into the store and told me the guy who just left the store whom I sold beer to was 18. I said "No, I checked his ID, it said ‘91". So the ABC agent pulled out his cellular phone and he told me that he took a picture of the guy’s ID before he left his car and that is said ‘94 ( I think this was a setup or something). So I asked myself later after the incident happened why didn't the ABC agent bring the exact same paper ID back in the store that the guy had showed to me, instead of some picture he had taken on his cell phone?  So a couple days later a local dollar store said that the same guy came into their store and one of their clerks said the year of birth did look a little smudged but after looking at it for a while it said ‘94. I'm not the store owner or store manager, just an employee and it's not like it was intentional.

Michael J. Breczinski · Answer

Yes, you can be charged but they have to bring in the original ID that the person used if there is a court fight over it.

Jared Altman · Answer

Both of you will probably be charged.

Jeff Yeh · Answer

Yes you can. They usually go after the person who conducted the sale, not the owner of the establishment.

Mark R. Thiessen · Answer

They usually just bust you right there and arrest you so sounds like you got real lucky.  Anyways, if they bust you it would be you and not the store owner. The owner could get a ticket, but you get arrested and criminally charged. But sounds like you got real lucky.

Terry Nelson · Answer

Potentially both. If and when ABC files charges, then you?ll learn the answer, and the actual charge[s] filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. If threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a confession or statement be used against you, can you be convicted, and what can you do. A little free advice, if not already too late:  exercise the 5th Amendment right to shut up and do not talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right.

Francis Cowhig · Answer

This more than likely was a set-up, which ABC is allowed to do. Unfortunately, you can and probably will be charged with selling alcohol to a minor. The fact that you misread the I.D. may be a mitigating circumstance, but will not be a defense.

Jared Winter · Answer

There's a difference between being charged and being convicted.  The DA could probably charge you, but whether or not they'll succeed in convicting you is the bigger questions.  It sounds like you have strong defenses to charges.  If they do file charges, you should meet with a criminal defense attorney right away.  Also, they can charge you personally with the crime (i.e., the charges don't go to the manager or the owner).

Dennis Roberts · Answer

They constanatly run stings on little grocery  stores. Anyhow the only thing is that they might charge it as  criminal and then they will need to produce the little snitch. Fight them. Juries don't like stings. If anyone gets charged it will be you, not the boss.

Michael Morgan · Answer

I suspect you will be charged criminally. Your employer should not be criminally charged.

Mark Smith · Answer

Usually when the police finish with the use of a minor to purchase alcohol   they utilize the minor at a number of locations and then when the police  are  through with the minor everyone will be charged with selling alcohol to a  minor.

Timothy Klisz · Answer

Both of you can get charged. Get a lawyer ASAP if charged and you should be ok.

Stephen Freeborn · Answer

You raise some interesting issues regarding the ID; but to answer your question:  yes, you could be charged.  Your employer will probably be fined. You should consult with an attorney who can best review the particular fact of your case.

Leonard A. Kaanta · Answer

Your employer will be charged, this a strict liability offense.

Dennis P. Mikko · Answer

Under the facts that you stated, you could be charged with selling to a minor.  However, you may have a defense as you took precautions to ensure the person was of age.  It would ultimately be up the prosecuting attorney to determine whether there is sufficient evidence to warrant a charge.

Steven Alpers · Answer

The ABC runs stings like this all the time.  Both you and the owner can have problems.  You can be charged with a criminal offense.  The id would have to be brought to court, so ultimately a jury could decide if you could rely on that paper. ( I'm not sure what sort of paper would be good as  id, normally it should be a drivers' license or passport type of id).  The owner could be in trouble with the ABC, they can impose fines,  liquor license suspensions or even revocations in the most extreme cases, normally serveral violations before the revocation.

Michael Palumbo · Answer

It's a strict liability crime you need counsel ASAP.

Gary Russell · Answer

Yes, you can be charged with selling alcohol to a minor.  Your employer will face a separate liquor license action with the state.  However, it sounds as if you may have an argument against the charge due to the nature of the identification.

Bernal Ojeda · Answer

Statute is clear you sell your liable.

James Osak · Answer

You're right . . . this was a SETUP. The cops in certain counties just like to ticket over these "selling to a minor." You basically have to sell to only adults as they will be watching you now. It's a type of harassment but how far do you want to take it (lawsuits, complaints). Good luck.

John Brennan · Answer

Generally you will not be charged, but the store owner/license holder will be violated, ticketed and fined by the state.  It is also possible to have the license revoked for multiple violations. You would be subject to disciplinary action as an employee by your employer, even if you are not personally charged criminally. You must learn a lessen and be much more cautious in the future.  It was a set up, but so are speed traps.  Better to lose a sale that be violated.

Nathaniel Shafer · Answer

Yes, you can still be charged. Keep in mind that there are both administrative penalties and criminal penalties for selling alcohol to a minor. The administrative penalties might just entail taking a class from the ABC, and a fine might be imposed against your employer, the grocery store. If there are criminal penalties, however, those will be applied against you. Depending on your criminal history (or lack thereof) it may not be in the prosecutors interest to pursue a case against you. The fact you checked the ID first, might help your case a little, but you could still be charged. If you are charged, make sure to speak to a lawyer as soon as possible.

Robert De Groot · Answer

They conduct sting operations like this. Your employer could lose the license, you can be criminally prosecuted. They can even be dishonest with you and get away with it. An aggressive criminal defense attorney is needed.

Michael Edwards · Answer

You will likely be charged with Supplying Alcohol to a Minor, which is a class A misdemeanor.  If/when that happens, you need to hire a good attorney to represent you.  This is a relatively serious charge.  It can be punished by up to 1 year in jail, with a fine of up to $2,500.

Timothy Byrne · Answer

You may be charged. Your employer may be fined or have his beer pemit revoked.

Austin Hirschhorn · Answer

You could both be charged.  You could be charged for the sale to a minor which is a misdemeanor with a small fine.  The employer who is the holder of the liquor license will probably get a complaint from the Liquor Control Commission for the illegal sale.

Herschel Bullen · Answer

Both an employer and the employee who furnishes alcohol to a minor may be charged.  The State statute states as follows:  A person authorized by this title to sell an alcoholic product and staff of that person may not sell, offer for sale, or furnish, an alcoholic product in any place, or at any day or time other than as authorized by this title or the rules of the commission. Utah Code Ann.  32B-4-402  The relevant sections of the Utah Code also provide the standard of proof required for the State to acquire a conviction.  It states as follows:  (1) A person may not sell, offer for sale, or furnish an alcoholic product to a minor.(2)(a)(i) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor.(ii) As used in this Subsection (2)(a), negligently means with simple negligence.(b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if the person who violates Subsection (1) knows the recipient of the alcoholic product is a minor. Utah Code Ann.  32B-4-403

Stuart Nachbar · Answer

Generally speaking:   a.. Licensee - Generally, selling to a minor is considered a petty disorderly persons offense in most states, which means it only carries a 30 day maximum sentence and a small fine (incarceration is unlikely). However, if the minor is under 18 years of age, then it usually increased to a  disorderly persons offense, which is a full year in jail and a $1,000 fine. In addition, civil penalties will be awarded against the licensee for the vicarious liability of the clerk, starting from $500 and doubling for each offense (if the clerk has not attended any state mandated training courses, these fines may double). Also, if the licensee himself sells alcohol to a minor, many states will automatically revoke the license.    b.. Clerk - The clerk who actually sells the alcohol is liable for all the same penalties as the licensee (that is, he can be arrested for a disorderly or petty disorderly, depending on the age of the minor). The state also imposes other punitive sanctions, like suspending the clerk's driver's license for 30 days to a year.

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If I unknowingly sold alcohol to a minor can I be charged or will my employer be charged?

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