Sale to a Minor in Arlington, VA
Enforcement of Sale to a Minor in Arlington, VA
Increasingly, businesses and hardworking individuals in the service industry are charged with sale to a minor in violation of Va. Code § 4.1-304. This can happen when an employee has reason to know that the person they are selling alcohol to is under 21, or it can happen when an employee fails to ask for valid photo identification when they sell alcohol to a person under 21. Businesses and individuals can also be charged with selling tobacco products to underage persons in violation of Va. Code § 18.2-371.2 when an employee has reason to know that the person they are selling tobacco to is under 21.
The Virginia Alcoholic Beverage Control Authority (Virginia ABC) regularly conducts sting operations on local alcohol venders in Northern Virginia through their Underage Buyer Program. Special agents from the Virginia ABC’s Bureau of Law Enforcement employ minors to purchase cigarettes or alcohol. During these stings, agents watch the purchase made by the minor and then issue citations to the employee and the business.
While many hard working service staff in restaurants, convenience stores, bars, and VA ABC stores do their best to ensure they are not selling to minors, sometimes circumstances like fatigue, busy days, feelings of being overwhelmed, confusion, or pressure can lead to unlawful sales. Nevertheless, employers are expected to sufficiently train their staff in selling alcohol and tobacco. These unlawful sales can have serious consequences for both the employee and the business.
Consequences for Sale Alcohol or Tobacco to a Minor in Virginia
Being caught in one of these stings can have huge impacts on both the individual staff member and the business. For individual staff members caught in a sting involving alcohol, they can face Class 1 Misdemeanor charges which carry up to 1 year in jail and a fine of up to $2,500 for violations of Va. Code § 4.1-304(A), or a fine of up to $500 for violations of Va. Code § 4.1-304(B). For individual staff members caught in a sting involving tobacco, they can be fined $100 for their violation. Not only that, but criminal convictions can carry immigration consequences.
Similarly, businesses face serious repercussions for violations caught during these sting operations involving alcohol and tobacco. For alcohol stings, the business can also face a civil penalty, usually $2,000 for the first offense. For tobacco stings, the business can face a $500 civil penalty for the first offense and then $2,500 for subsequent offenses. Moreover, violations like these can lead to licensing issues in the future, which can hurt a business’s ability to sell alcohol or tobacco.
How Our Attorneys Can Help You
If you have been charged for sale of alcohol or tobacco to a minor, you should consider consulting with an attorney immediately to evaluate the facts of your case. Our attorneys have experience with these types of cases and regularly help clients in Arlington General District Court and in courts throughout Northern Virginia. We have been successful in negotiating alternative dispositions to avoid jail time and in helping business avoid these types of violations in the future.
