Last Updated on April 28, 2023 by
On April 5, 2023, Officers from the San José Police Department, 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 eight retail licensees in San José.
SJPD cited two businesses for selling alcohol to a minor. 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.
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 tool of law enforcement to ensure that licensees are complying with the law.
On April 11, 2023, SJPD Officers, along with an ABC agent, also arrested and cited one subject 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. A minor under the direct supervision of peace officers stands outside a liquor or convenience store and asks 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.
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).
Content retrieved from: https://www.sjpd.org/Home/Components/News/News/1201/262.
