Well it’s fair and carnival time again. I was at one over the past weekend, my friends and I were at the beer tent (we are all well over the age of 21). We saw some younger drinkers taking beers and heading to the corner of the tent, that’s when we saw them hand the beers over to even younger looking people who took the beers and walked away. We told the ‘bouncers’ at the tent opening about it, and they put someone over in the corner. I remember doing stupid things when I was underage, or just over age, but it might not be a bad idea to let folks know what the consequences might be.
It always sounds like a good idea…at the time. Have one of the gang who is over the age of 21 buy the beer, then pass it along to a friend who is under age. Harmless…right? Not according to the law.
Any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21, is guilty of the A misdemeanor charge of Unlawfully dealing with a child in the 1st degree. Now let’s remember that a class A misdemeanor carries up to one year in jail. Not such a harmless consequence.
Individuals think because they ‘give’ the beer to a friend, it’s not a crime. Wrong. It is, you don’t have to sell it to the minor just handing the beer to a minor is the crime. Notice there is no requirement that the minordrink the beer. Again it’s just handing it off.
Many times at our local carnivals/fairs and events the police place undercover/plain clothes officers in the beer tents and area, for the sole purpose of making sure this type of activity does not occur.
By the way you were right in pointing it out to the bouncers, if this happens, and it can be shown that the distributer (like the firemen or the elks club) know or knew about the hand-off, they can a) loose their liquor license, or b) be charged criminally with endangering the welfare of a child. By you speaking up, you helped them out, as I’m sure they don’t want to loose the license, which translates into losing money.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522or e-mail to cklaw@verizon.net