Dealings with the TABC legal advice needed. (Houston, Spring: apartment, unemployment)
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when any alcohol is moved over the scanner at a grocery store checkout--manned or self-check out--there is a STOP and a code must be entered--that is to prevent minors from just doing it themselves
the person who is supervising the self-scan counters (and in my local Kroger store--there are 4 machines that are all visible from 10 ft or less from where the person who has that duty stands)--the person can tell which machine has paused because of the beer/wine sale so he/she can LOOK at the person---that is the perfect opportunity to say I need to see your ID--
When I go through those lines (and I try to avoid them when I can) I don't have to provide my ID--I am close to 60 and look it and have shopped at that store for more than 20 years so I am known by sight to most of the cashiers/front end managers...(some of them were my students in HS) but they do check most people who look borderline
so really OP--you did not do your job---and part of your job is to make sure that underage people don't take advantage of situations like you describe to get alcohol...you definitely need an attorney but frankly I would be very surprised if this does not go on your record...
story in Wise Co paper yesterday that traffic accident that happened several months ago and left two teens dead and one paralized came from them being able to buy beer at convenience store--
WCMessenger.com: Store could have liquor license revoked (broken link)
LCB--yes they do have power and a big budget--and they don't mind taking advantage of either at times--they bring in a lot of money to the state in fines...
my daughter dated a boy in hs that was interested in law enforcement as career and he went on some stings for them--and he was a YOUNG looking 17--but there were times he was served alcohol in clubs
The TABC loves to use the tactic of blindsiding you when you are busy.
I worked at a truck stop for the first few months that I was back here, and we were in a lull. So, I went out for a smoke and noticed two well dressed men and a girl in the parking lot conversing. Something looked out of place, and I went back in after finishing the smoke. They stood out there for about ten minutes or so, and then we got a bus come to the store. The place was packed in nothing flat.
It was a complete madhouse and out of the middle of nowhere this girl comes up to the counter with a six pack. Normally, I probably would have dismissed it and just checked her out to knock the line down as fast as possible, but something just wasn't right about it, so I carded her. Sure enough, she was only 19. They came in telling me what a good job I did. I was furious.
I think there are only a few organizations out there that have more power than the TABC. The Gestapo (in the 1930s-40s), the IRS, the BATFE, and the CIA come to mind. I still haven't found a use for any one of them, just like I haven't found a use for the TABC.
Get yourself a crooked, goes for the throat and doesn't let go even after winning kind of lawyer. Fight them all the way and best of luck to you.
I wonder if the state pays these guys on commission? Who the hell do these TABC thugs think they are anyway?
I was denied alcohol when I was 36 and had left my license in my car TABC and US liquer laws are silly! Lets send that 19 year old to IRAQ with a run and a promise, BUT don't serve him/her a beer and if someone does by accident or intrapment then they are CRIMINALS!
makes me sick!
Location: Live Oak Co. in the Great Republic of Texas!
160 posts, read 513,872 times
My impression is they think that they are just like the other organizations I listed; above the law and capable of making the rules up as they go and to suit their own whims and desires.
And off the TABC Website:
Texas state law does not require that a person over 21 provide any identification to purchase alcohol in Texas. There is nothing in the law that declares specific forms of ID as “valid” for an alcohol purchase....
...If the patron is obviously over 21, the establishment may not require any ID at all.
The age at which to card or not to card is a store policy, not a state policy. Example: The store I worked at said age of 30 or under. The store across the street said 25 or under. Another one that comes to mind doesn't even have an age limit given for carding, just a sign that says "We Card for Alcohol".
As for a stop on the register, yes, they do have them, and usually hitting enter will bypass it. If you ring up tobacco products before ringing up alcohol products, and hit the enter key, the alcohol will not use the scan stop/verification. At least on the registers I have worked, this was the case.
It gets to the point of repetition and it is easy to see how a clerk can just hit the enter key with an automatic movement and not even looking at the register itself. I have definately done it myself, and I think just about anyone who has worked a register in a busy store for more than a week has done it as well.
the LAW is very specific at the age someone is allowed to buy alcohol
the store does what it thinks best to put in place rules that provide the best way to avoid breaking the law
whether it is easy or not to by-pass the age stop on registers the clerk admitted being inattentive and rushed and not being thorough--
that is exactly WHY the LCB tried it then---it is probably a likely time for underage drinkers to try it as well---which is why that is a weak point in following the rules/guidelines...
Maybe stores should only allpw alcohol on manned registers --but I don't think there is any way to enforce that rule...
and the policy quoted from TCB website says MAY not require any proof of age--meaning that stores have that option...so if the stores choose to require ID--then it is allowed...
Okay so I am a cashier at a grocery store. I got a citation today for selling alcohol to a minor. I was the attendant at a self check out station. I honestly was not paying attention and could not even tell you what the girl looked like. It was busy, and I literally have to deal with three to four people at once. I take full responsibility for my actions, I should have been paying attention.
My question is, is there any way out of being charged? I really don't want a criminal record. The charge is a class A misdemeanor. I have heard that if the person who wrote your citation does not appear in court that the whole thing is null and void. Any chance that I can argue it was self checkout and I didn't actually ring her up? The girl who came in for the TABC was 14. How is that handled, 14 years olds technically can't be employed. While I'm sure she was not being paid I'm thinking she must have entered into some sort of contract/agreement.
IIRC I believe 14 and 15 yr olds can be employed during certain strict hours and for only a small # of hours per week. So that argument likely won't hold up. There's some good advice in here -- at least speak to a lawyer for a few hours after studying the laws yourself and preparing your speech as much as you can if you can't afford representation.
I somewhat understand your situation. I was caught by a bureaucracy doing something illegal at work a long while back, and wasn't fired either. I went through "state re-education" and that was all... Granted I wasn't accused of selling recreational drugs to 8th graders (that's how they view it), but I know what being hunted by the Gestapo feels like. It's most demoralizing. As soon as you get good in your job, they want to take it away from you & your company, and pile drive you into the ground.
You're better off in a job higher up the totem pole vs. cashier!! Judging by your past posts you're too smart for this ****. In case you get a future conviction on your record due to this, now is the time to secure one.
many of the people who do act as decoys by the LCB are not paid--they are family or friends or students who are doing things like the Boy Scout program that pairs teens and law enforcement groups for ride alongs...
you can't get around this by claiming LCB hired someone illegally...to justify the fact that someone underage did walk out with alcohol...
I contacted and attorney here in Dallas today. I have to meet with him tomorrow. Since I am a first time offender more than likely the case can be dismissed if I take a class. I got suspended from my job yesterday, which more or less mean i am fired. In my seven years there I have yet to see anyone return from a suspension. I went ahead and turned a letter of resignation before I could be terminated.
A Class A misdemeanor will work against you in the future.
You need to get it down to a class C or something less.
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