What Happens if a Business Sells Alcohol to a Minor?

The Giant grocery store in University Mall  with selling liquor to minors in late August. Patch talked to the Commonwealth's Attorney's Office and the Fairfax County Police Department for more information on the charges.

How does this work?

Commonwealth's Attorney Ray Morrogh explained that each Fairfax police district conducts these sweeps during the year.

The teams consist of a police cadet who is under 21 years of age with a uniform officer. They send the police cadet into stores to buy liquor.

The legal drinking age in Virginia is 21.

If the cadet successfully buys beer, wine or any other alcoholic beverage at the store, a uniformed officer comes in and issues a summons to the person who made the sale and the manager.

Some police districts also have police cadets who stand outside of stores and ask customers to buy liquor for them. If you agree, buy the liquor and give it to the cadet, you'll find yourself facing a uniformed officer with a summons, Morrogh said.

The state Alcohol Beverage Control Board will follow up and if there are repeat violations they can take some action, Morrogh said.

What is the charge – felony, misdemeanor? Will you go to court?

Selling liquor to a minor is a class one misdemeanor that carries with it upon conviction a maximum fine of $2,500, up to 12 months in jail or both. Morrogh said.

Yes, you must appear in court. All class one misdeameanors are heard by a judge. This is not like a parking ticket that you just mail in.

Usually, it's just a fine for the first offense, Morrogh said.

The Virginia Commonwealth's Attorney usually only prosecutes felony cases. Morrogh's office appears in misdemeanor cases when the defendant appears with a lawyer, he said. His office does prosecute misdemeanors such as driving under the influence and reckless driving, he said.

“It’s laudable that the police department takes a proactive approach to alcohol sales to minors," Morrogh said."I know how important it is that alcohol is not getting into the hands of minors for obvious reasons. It results in traffic accidents."

"It’s good to keep business on their toes,” he added.

What happens with the store's liquor license?

 If furnished a report from the police department, the ABC would consider citing the holder of the liquor license with an administrative charge of selling alcohol to an underage person, said police spokeswoman Lucy Caldwell.

If this is the first offense by the licensee, they are offered a "consent settlement" which is a 25-day suspension of license privileges or a $2,000 civil penalty. Most licensees take the fine instead of the suspension. Subsequent underage sales violations usually do involve a suspension of the license.

How many charges were there last year for sales to minors?

In 2010, 226 stores were checked, Caldwell said. Of those, 38 had a clerk sell to the underage cadet. In 2011 so far there have been 101 stores checked and 18 sold to the cadets, she said.