March 19, 2010

- Billings, Montana

Dozens Fail Alcohol Check

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By Nick Lough

Story Published: Nov 3, 2009 at 8:47 PM MDT

Story Updated: Nov 4, 2009 at 7:48 AM MDT

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BILLINGS - An alarming number of local businesses are caught selling alcohol to minors.

Several weeks ago Billings Police conducted compliance checks at 102 local businesses. "An underage person tried to come in and buy beer," said Fuddruckers owner Dave Binstock. The owner says his employee had a lapse in judgment while checking the minor's ID and served the teen. He's taking steps to make sure the mistake is a one time thing.

"We've been using it as a training tool. You get complacent in your training and it's been a positive thing for us to remind people to check the dates correctly," said Binstock.

Fuddruckers wasn't the only offender, 37 of the visited businesses sold alcohol to minors. "This is the highest failure rate that I can remember in a long time," said Billings Police Chief Rich St. John.

If caught the owner is fined $250 dollars, a second offense results in a $1,000 dollar fine, a third time and the business is looking at a 20 day suspension of a liquor license and a $1,500 dollar fine, the fourth offense results in no more liquor license for the business.

The 37 businesses that failed included gas stations, restaurants, bars, liquor stores, and a grocery store. Billings Police perform compliance checks every quarter.

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View Oldest Comments First

Thursday, Nov 5 at 4:04 PM nmibrazil wrote ...

The law should be that anyone who serves alcohol be 21. These under age bartenders bring all their friends in for a hay day.

Thursday, Nov 5 at 3:01 PM allbedam wrote ...

I wonder who really cares??

Thursday, Nov 5 at 2:53 PM Anonymous wrote ...

It seems like it would be more productive, & less costly to the community if the officers would sweept the place carding the patrons, versus being sneeky and stinging the joint. If you have to be sneeky, then the place doesnt serve minors. If you suprise em and card everyone, and there are minors..then the place is serving minors. MOST of these places dont want our youth drinking either, bust the ones who just care about $.

Thursday, Nov 5 at 9:01 AM steelman wrote ...

card,card,card is right, but how many times iv seen,the young bartenders friends get in. another issue is the over serving alot of bars do in this town,they need to sting this problem big time,the bartenders are a big part of underage drinkers and duis, tou can drink till you fall down get up and order new drink you spilled,walk out, drive ,they made there money.

Wednesday, Nov 4 at 9:43 PM Anonymous wrote ...

Why is that people once again do not take responciablity for their own decisions??? Time to stop making excuses and follow the law weither they are set up or just doing everyday work.

Wednesday, Nov 4 at 3:46 PM MC resident wrote ...

OK, you were 19 and above the law in trying to buy alcohol. RIGHT? They watch you to bust the bar but in real life the 19 year old that isn't doing it for the police gets busted as well. And no, it isn't that I'm against the MCPD, but they have had their moments when they are above reproach.

Wednesday, Nov 4 at 3:13 PM Anonymous wrote ...

Once again "mc resident" We dont need to read into this to much...when I say sitting somewhere else I mean like the table next to me.. that way they are the witness to this !! And I was 19 ! It was on the up and up.. people hear the are so bitter towards everything the BPD does blows my mind. It does not just happen here people it's cross country. I think this is a great idea. We have enough drunk drivers on the roads nothing wrong with making sure the bars are doing there job!

Wednesday, Nov 4 at 2:54 PM MC resident wrote ...

To ANONYMOUS, Just the fact that you said "The officer was sitting somewhere else watching" makes it sound as if the whole thing isn't on the up and up. Instead of "BUSTING" the business, take the time to go inside and instruct the person on how this situation could of been handled. They are too young to drink in the first place so why are they put in this situation? That in itself isn't right.

Wednesday, Nov 4 at 1:49 PM Anonymous wrote ...

To the bartender..There is an excuse. It is called the LAW. The LAW says you dont have to card if they look 35. Have you seen the kid from West on the soccer poster?? Bald, huge beard and thick chops. HUGE kid...Theyr law sucks. Thats not our fault. They should make it the law to card everyone, and I'll betchya that businesses would gladly follow.

Wednesday, Nov 4 at 1:32 PM To Previous Bartender wrote ...

There is an excuse. It is called the law. You dont have to card if they look 35. Have you seen the bald kid that plays soccer for west on the poster? Bald, full beard, huge thick chops, HUGE kids. Theyr LAW is based on perception, you dont have to card if you percieve them to be old enough. THEY'RE law is faulty.

Wednesday, Nov 4 at 11:30 AM MC resident wrote ...

It is also the law to answer truthfully if asked, "are you 21?" And they don't tell the truth. Been there. It's all in the delivery. We all make mistakes but it isn't right when a person is set up to fail.

Wednesday, Nov 4 at 11:00 AM MC resident wrote ...

The club that I worked at had one of these "STINGS" and the ID WAS FAKE. I refused to give it back to the officer upon his coming in with our compliance certificate. All hell broke loose. Now you see why this is an issue with me. You may have been playing by the book, but that day they weren't. Cut and dried.

Wednesday, Nov 4 at 10:36 AM Anonymous wrote ...

You are wrong on the ID part "mc resident" it has to be a actual ID they DO NOT use Fake thats illegal !! I use to do this !!

Wednesday, Nov 4 at 10:30 AM MC resident wrote ...

It's not always an "actual ID" or License. I've been handed fake ID's and altered ID's. I just think it's not right for these people to make it happen when it's illegal in the first place. Like baiting people to do wrong when they really don't intend to.

Wednesday, Nov 4 at 10:16 AM julio wrote ...

the problem is you only have to 18 to gamble! unfair to businesses.

Wednesday, Nov 4 at 9:43 AM Previous Bartender wrote ...

All I can say........ Is CARD CARD CARD!! No excuses, entrapment or not.

Wednesday, Nov 4 at 7:17 AM Anonymous wrote ...

Just so everybody knows the students they have go in are not always "trained police academy graduates". I use to do this and it was with a program I was in you would go in and hand them your actual ID while the undercover officer was sitting somewhere else watching the whole thing. It is your License your handing them.

Wednesday, Nov 4 at 12:31 AM CaptainObvious wrote ...

Police are inducing and persuading these businesses to commit a crime they had NO previous intent to commit. That is why they all have signs posted. These kids are TRAINED police academy graduates! If they want to puul this stuff, then clarify the law. card everyone, dont leave it up to the e perception of another person. The only businesses who passed, are the ones who card everyone, the carlin, hooligans. So change the crappy law, and quit entraping people!

Wednesday, Nov 4 at 12:25 AM ENTRAPMENT wrote ...

A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

Wednesday, Nov 4 at 12:21 AM CaptainObvious wrote ...

Its a law based on perception. If they look 35, you dont have to card. They shouldnt be able to take 20 year old police academy graduates into a family resturant if the law is left up to your judgment.

Tuesday, Nov 3 at 10:13 PM MC resident wrote ...

We need to have a check up on the compliance squad. There is a certain rotten way some of these are done. Entrapment comes to mind. I just wish I had more than 500 characters to respond. I have seen the way are carried out and driving up to a bar in a police car with a minor intending to try and buy a drink sending in the minor and waiting outside to get the results. Get busy or get distracted and a mistake can be made. Go get MIPs driving around town and find out where they get it. DUH

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