SJPD and ABC Cite Clerk for Selling Alcohol to Minors

MEDIA ADVISORY

On March 5, 2024, the San José Police Department (SJPD) , along with California Department of Alcoholic Beverage Control (ABC) agents, cited one clerk for selling alcohol to minors as a result of a Minor Decoy operation in which minors under the direct supervision of department agents attempted to purchase alcohol from seven retail licensees in the city of San José.

Clerks who sold to a minor face a minimum fine of $250, and 24 to 32 hours of community service for a first violation. In addition, ABC may take administrative action against the alcoholic beverage license of the business 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 Joseph McCullough. “Preventing access to people not old enough to legally purchase alcohol improves safety on our roadways and in our communities.”

Statistics have shown that young people under the age of 21 have a 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).

Minor Decoy operations have been conducted by local law enforcement throughout the state since the 1980s. 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 legal tool of law enforcement to make sure that licensees are complying with the law.

This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

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