Leonardtown, MD — Five St. Mary’s County businesses have been fined for selling alcoholic beverages to an underage police cadet during a sting in October. The operation was conducted by St. Mary’s County Alcohol Enforcement Coordinator Corporal James Stone of the sheriff’s department on the evening of Oct. 9 and the early morning hours of Oct. 10.
The St. Mary’s County Alcohol Beverage Board (liquor Board) imposed the fines after a series of hearings at their Dec. 11 meeting. Receiving fines were Cooks Liquors in Hollywood, Green Door in Park Hall, Tequila Grill and Cantina in Charlotte Hall, Boatman’s Mini Mart in Mechanicsville, and Toots Bar in Hollywood.
The two establishments receiving the biggest fines of $1,500 each were Boatman’s and Toots, both because they had a previous violation with a suspended $500 fine. That suspended fine was re-imposed in addition to a $1,000 fine. Cooks, Green Door, and Tequila Grill and Cantina were fined $1,000, but $500 was suspended if they don’t receive another violation within three years.
The only licensee contesting the charge was Brian Tarleton of the Green Door. He contended that neither himself nor the bartender who served the police cadet, who was 19 at the time, had been criminally charged. But the board’s attorney, James Tanavage advised Tarleton that there was no connection between allegations for violating liquor laws and criminal charges.
The modus operandi for the police cadet was to show a military ID if requested. In the case of Cooks Liquors, the owner, Vijaykumar Patel, was verbally told the age by the cadet, who was still served. The drink of choice during the sting was a screwdriver, although the cadet was sold Mike’s Hard Lemonade at Cooks. The informant paid on each occasion in cash from a $10 bill and returned the change to Stone who was outside.
Another deputy in plain clothes entered each establishment and observed the purchased alcohol in front of the cadet. The cadet took cell phone pictures of the drink and the server.
Tarleton argued during his case that there was no witness testifying as to the purchase, since the cadet did not appear at the hearing. But Tanavage told the board that Deputy Stone testified that he had received the change and the other deputy had observed the purchased goods after the fact.
Tarleton was asked by Tanavage if he was saying the informant was lying. Tarleton said it was possible. “It’s a strange world,” he said. Tanavage responded, “I don’t think there is any doubt that is what happened.”
The liquor board members unanimously agreed that the violation against the Green Door had occurred. Since the other four business representatives admitted their violations, they were just left with imposing the penalties on them, all of which were unanimous decisions.
There was some discussion by several of the licensees that their servers may have been unfamiliar with the military ID shown by the police cadet. The board, as part of the penalty phase, required the licensees to take Responsible Alcohol Server (RAS) training. That training includes how to properly identify ages from ID’s.
Tarleton’s comments about his server not being criminally charged also brought a discussion later in the meeting. Deputy Stone said it was his opinion that focusing the enforcement effort on the licensees could reap better benefits. He said criminally charging the server and bringing the case to court don’t often reap benefits.
Tarleton noted that the server in question at the Green Door had been placed on leave until the liquor board case was resolved. In other cases licensees have been known to fire employees caught serving to underage patrons. Stone said taking the server to court could constitute piling on. “The licensee is responsible for what they do with their employees,” he said.
But St. Mary’s Licensed Beverage Association representative David Dent said he personally doesn’t go along with that. He said there would be no incentive for an employee to abide by the law if there were not potential criminal repercussions. He said the enforcement hammer seemed to be aimed solely at the licensees.
Dent said he would bring up the discussion at the next meeting of his association and report back the findings to the liquor board.
Reporters Note: The Bay Net originally reported that Cook’s Liquor in Park Hall was one of the violators. The store was actually Cook’s Liquors in Hollywood. The Bay Net regrets the error.