Sunday, November 26, 2017

Question About Law Change With Alcohol Sales

When I was posting the Somerset County MSP Arrests for underage alcohol sales, I did not know that they charged the clerks with underage sales. Is this a new rule? do you think its fair?, I always thought that law was for like older people going in and buying beer for teenagers.

22 comments:

Anonymous said...

I think it's fair. If you are a clerk, it is your responsibility to ensure you are selling to those of legal age.

Anonymous said...

It's been like that for a long time they can also charge a bartender if a person leaves a bar drunk and crashes which in my opinion is crazy being you cannot know if they had alcohol in their car or from somewhere else. It also seems to be strange that a person can attempt or illegally obtain alcohol from an establishment using a fake ID and it's the establishments fault. How about holding the people who are breaking the law accountable ...Some personal responsibility?

Anonymous said...

I dont think its new. MSP routinely used cadets to go into establish to try and purchase or be served. Clerks and servers are held accountable for the undersge service.

Anonymous said...

This is nothing new. It's always been that way. They've been doing it in Worcester County for years now. And I think it's fair. Clerk's are told to ID on alcohol sales.

Anonymous said...

Just read the Daily Times today. Still nothing about the lawsuit by Salisbury against Station 13 buffoons. What gives?

Anonymous said...

Been that way for a long time. It's a $500 fine. OUCH!!

greatmindsdon'talwaysagree said...

1041. Maryland does not have a dram shop law.

Anonymous said...

The cadets do not do anything sneaky or underhanded, like trying to use a false I'D. They simply go to the checkout, and if asked for I'D, they provide their legal I'D, showing them underage. If a clerk can't handle that, then they need to be fired.

Anonymous said...

Should the violation be on the establishment or the person that walks in and purposely breaks the law ?

Anonymous said...

3:26--
Although it's not called a dram law, it is very similar. If you serve alcohol, you generally have to go through alcohol awareness classes & pass a test to get a certification. It used to be an establishment had to have a certain amount of employees w/certifications, but a lot of places have all their employees do it. The clerk & the business face fines &/or jail time for overserving customers, or serving minors.

Anonymous said...

Minors dont try to buy it,they just pay a wino to buy it for them.

Anonymous said...

You are the only one who didn't know this........

Anonymous said...

"The cadets do not do anything sneaky or underhanded" So walking in to a busy restaurant and ordering a beer pretending to be 21 isn't sneaky ?

Anonymous said...

JT,
Please post the City's lawsuit against Station 13. If you ask him Jake Day will probably send a copy of it.

Anonymous said...

1 Maryland does not have a "Dram Shop Law" NEITHER the bartender, server, or owner/licensee can be charged with ANYTHING,if a person over 21 gets drunk and runs over a person (or a 1000 persons). Nor are they subject to any civil (lawsuit) penalties.

2 ANY employee AND /OR licensee that sells, serves, delivers an alcoholic beverage to a person under 21 is subject to a citation or criminal summons [in some counties they are subject to indictment by a Grand Jury] carrying a fine up to $1000.00 AND one (1) year in jail if convicted of this offense.

2-A A licensee may be charged even if he/she was out of state at the time of the crime, and has NEVER even set foot in the place. The licensee(s) may also be fined by the county Board of License Commissioners (in Worcester County that fine is up to $4000 (FOUR thousand) dollars-EACH, as well of course the license may ALSO (in addition to any fines) be suspended or revoked.

2-B A bartender that merely mixes or pours an alcoholic beverage, but does not, serve the drink/beer may not be charged, however the SERVER, and of course all the licensee(s) can be charged.

3 Mind you, if a person that is not a licensee, or employee of a licensed premises buys or provides an alcoholic beverage to/for a person under the tender age of 21, that person is only subject to a civil citation (much like a parking ticket) that carries a maximum fine up to $500.00 (I've NEVER seen the max fine imposed), and winds up with NO criminal record.

4 In all of this, the little bastard that wanted the booze, is only subject to the same punishment as in 3 above, i.e. the person that STARTED the criminal process pretty much walks away free. Proving that the Maryland Legislature pretty much does not give a damn if kids get booze, otherwise the KIDS would get the big fine and jail sentence, which is why I –eventually- stopped giving a shit about it. When I was a little bastard, under age 21, if you got caught in possession of booze, Judge [magistrate] Bergey fined you $300.00 [ a LOT of money back in the 1960's] and you had a criminal record-FOREVER. Thus, I was VERY, VERY careful to not get caught, because when I was under 21, I sure as hell drank a LOT, especially in Jack & June's Stowaway Lounge in the OLD Stowaway Motel.

Anonymous said...

2nd 8:23-- The responsibility lies on the server to make sure anyone under the legal age isn't served alcohol; if the cadets are underage, the server should be doing their job, not looking the other way, especially in this collegiate-inundated area.

10:19--#1 Is completely opposite of what has been taught in the alcohol certification classes for years.

#4 Sooo, it's OK to break the law, as long as you're not caught? Wow.

Anonymous said...

The bottom line is the 21 yr to drink law is ridiculous and unenforceable. Govt should be spending their time and money going after real criminals.

Anonymous said...

It's another trap to bilk money .

Anonymous said...

Agreed. It was 18 when In was growing up and I can't see where the change has made anything better.

Anonymous said...

Anon @ 5:12
18 for beer and light wine, no hard booze til you were a responsible adult at 21.

Anonymous said...

Anon @ 10:47.
Liability for Alcohol-Related Accidents in Maryland. ... Maryland has no dram shop statute, and Maryland courts have consistently refused to allow dram shop claims to be brought in the state. However, a person injured by an intoxicated individual [as opposed to a server or licensee] may have other valid claims.

I do not know why they teach that in [in Maryland] TIPS© & TAMS© and other Alcohol Awareness Courses

ALSO You are correct, it is the responsibility of the server, that is the person who actually hands the alcoholic beverage to the patron, to check the patron's ID. The [legal] responsibility is not on the doorman nor the bartender who mixes the drink (unless he serves it as well). It IS, however, the responsibility of the LICENSEE(S), even if they are not on premises, or ever stepped foot in the joint. He/she/they can and HAVE been charged for the crime, their absence at the time of the incident notwithstanding.

Anonymous said...

Anon @ 10:47
No, it was not okay to break the law, I was under 21 and had no responsibility then.