These stores are charged with a hefty fine for selling to a minor. What is interesting is that when I was prosecutor I found that a lot of people were buying alcohol from different establishments than liquor stores. People buy beer and alcohol in larger quanities from Rite Aid, CVS, target, and other places. Is ABC going to these locations? It is easy to target a liquor store. How about a bigger store. The employees working cashier at those locations are less concerned about IDing people than a liquor store. I would just hope they investigate fairly. This includes big stores which sell alcohol in larger quanities (cashes and larger hard alcohol bottles).
Tyke’s Liquor in El Cajon will not be allowed to sell certain types of alcohol, under a decision made by the city’s Planning Commission on May 19.
The commission determined by a 3-1 vote that the store, twice caught selling alcohol to minors, had violated an alcohol sales ordinance the city enacted in 2013.
In response, the commission banned Tyke’s from selling liquor in 350 milliliter or smaller containers, including “airline-size” bottles; beer in 32-ounce or larger cans or bottles; fruit-flavored and sweetened alcohol; flavored beers; and fruit-flavored, fortified wine. These types of alcohol are cheap and tend to be favored by young people and serial inebriates.
The 2013 law, called the “deemed approved” ordinance, is aimed at preventing sales to minors and serial inebriates. When the City Council passed the law, it gave authority to the Planning Commission to hold hearings and make administrative decisions.
Tyke’s, at 807 Jamacha Road in the Granite Hills area of the city, is owned by Najeb Abdulnoor. It twice sold bottles of beer to minors last year during two separate minor decoy operations run by El Cajon police.
The city’s decoy program started in early 2014, and has been used at all 79 stores in El Cajon that sell alcohol, including grocery stores, pharmacies and convenience stores. To date, according to El Cajon police Capt. Jeff Davis, 21 of those businesses sold alcohol to a minor decoy at least once. Three of the 21 sold to a decoy more than once, including Tyke’s. Since March 2014, police have conducted 162 visits with a minor to businesses that sell alcohol.
The three that sold to minors more than once are facing administrative hearings.
“We must dissuade criminal activity,” said Planning Commissioner Tony Sotille. “The use of alcohol is a serious situation and if not used properly can be a criminal offense. The best policy for this administrative hearing is to do just what the city recommends, and that is send a message throughout the community that the city is serious about upholding its code.”
Several months ago, Sky Fuel, a convenience store and gas station in the city, also was banned from selling certain types and sizes of alcohol, then lost an appeal to the City Council in an administrative hearing two weeks ago. It is facing sanctions on sales of alcohol now. Arnele Liquor on Arnele Avenue has a public hearing scheduled June 2 for similar infractions.
One of the Tyke’s cashiers, Yaser Shammas, spoke before the Planning Commission to express remorse for selling to a minor, saying he had made a mistake.
He said he had taken city-mandated, state ABC-approved Responsible Beverage Service training twice before the city’s ordinance was passed. The other cashier had not. Since selling illegally, Shamas has taken another course, and the other cashier has also completed the course.
Shammas, the brother-in-law of Tyke’s owner Abdulnoor, told the Planning Commission that the store has upgraded signs and lighting, per city recommendations. He said the store has changed sales practices, which the city had also requested.
Shammas also noted that the store did not sell to a decoy one other occasion in 2014. Tyke’s, which was given the OK by the Planning Commission to apply for a new use permit to sell alcohol, has filed an appeal to the City Council to not revoke its current permit. The city has tentatively scheduled that appeal to be heard at a council meeting set for 3 p.m. June 23.
The full article can be found here.
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Here is some more inforation of selling alcohol to minors:
(a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.
(b) Except as provided in Section 25667, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under 21 years of age, and the person under 21 years of age thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under 21 years of age to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under 21 years of age, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), or Section 25667, any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. A second or subsequent violation of subdivision (b), where prosecution of the previous violation was not barred pursuant to Section 25667, shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates subdivision (a) by furnishing an alcoholic beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished by a fine of one thousand dollars ($1,000), no part of which shall be suspended, and the person shall be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by imprisonment in a county jail for a minimum term of six months not to exceed one year, by a fine of one thousand dollars ($1,000), or by both imprisonment and fine.
(f) Persons under 21 years of age may be used by peace officers in the enforcement of this section to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors. Notwithstanding subdivision (b), any person under 21 years of age who purchases or attempts to purchase any alcoholic beverage while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase an alcoholic beverage. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the department in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Law enforcement-initiated minor decoy programs in operation prior to the effective date of regulatory guidelines adopted by the department shall be authorized as long as the minor decoy displays to the seller of alcoholic beverages the appearance of a person under 21 years of age. This subdivision shall not be construed to prevent the department from taking disciplinary action against a licensee who sells alcoholic beverages to a minor decoy prior to the department’s final adoption of regulatory guidelines. After the completion of every minor decoy program performed under this subdivision, the law enforcement agency using the decoy shall notify licensees within 72 hours of the results of the program. When the use of a minor decoy results in the issuance of a citation, the notification required shall be given to licensees and the department within 72 hours of the issuance of the citation. A law enforcement agency may comply with this requirement by leaving a written notice at the licensed premises addressed to the licensee, or by mailing a notice addressed to the licensee.
(g) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 272 of the Penal Code and Section 13202.5 of the Vehicle Code.