SJPD Cracks Down on Alcohol Sales to Minors

MEDIA ADVISORY

 

On March 11, 2023, Officers from the San José Police Department arrested and cited two individuals for providing alcohol to a minor while conducting a Shoulder Tap operation.

Shoulder Tap operations target adults who purchase alcohol for persons under the age of 21. Minors under the direct supervision of law enforcement officers stand outside a liquor or convenience store and ask patrons to buy them alcohol. The minor indicates in some way they are underage and cannot purchase the alcohol. If an adult agrees to purchase alcohol for the minor, Officers then arrest and cite them for furnishing alcohol to the minor. The penalty for furnishing alcohol to a minor is a minimum fine of $1,000, and 24 hours of community service.

On March 21, 2023, SJPD Officers, along with an agent from the California Department of Alcoholic Beverage Control (ABC), conducted a Minor Decoy operation in which minors under the direct supervision of law enforcement attempted to purchase alcohol from seven retail licensees in San José.

SJPD cited three businesses for selling alcohol to a minor in San José. Clerks who sold to a minor face a fine of up to $1,000, and 32 hours of community service for a first violation. In addition, ABC may take administrative action against the alcoholic beverage license belonging to the businesses where alcohol was sold to a minor. That may include a fine, suspension, or the permanent revocation of the license.

“Businesses should always check IDs before selling alcohol,” said ABC Director Eric Hirata. “Preventing access to people not old enough to legally purchase alcohol improves safety on our roadways and in our communities.”

Minor Decoy operations have been conducted by local law enforcement throughout the state since the 1980’s. When the program first began, the violation rate of retail establishments selling to minors was as high as 40 to 50 percent. When conducted on a routine basis, the rate has dropped to below 10 percent in some cities. In 1994, the California Supreme Court ruled unanimously that use of minor decoys is a valid tool of law enforcement to ensure that licensees are complying with the law.

Statistics have shown that young people under the age of 21 have much higher risk of being involved in a crash than older drivers. About 25 percent of fatal crashes involve underage drinking according to the National Highway Traffic Safety Administration (NHTSA).

Funding for these operations was provided by a grant from the California Office of Traffic Safety through NHTSA.

Anyone with information on licensed liquor establishments providing alcohol to minors can submit crime tips and remain anonymous by using the P3TIPS mobile app, calling the tip line at (408) 947-STOP, or on www.svcrimestoppers.org.