Sale of alcohol to minors
The South Carolina statute that makes it a crime to transfer alcohol to minors also contains an exception for when the minor was recruited by law enforcement to buy the alcohol:
ยง 61-4-90. Transfer of beer or wine for underage person's consumption.
(A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor.
There is a companion statute with the exact same language:
61-6-4070. Transfer to person under the age of twenty-one years.
(A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor.
FYI for anyone that has one of these cases, where SLED or the Sheriff's Department sends kids in to buy beer in a sting operation; does anyone see a way that this does not mean what it says?
Comments
I was a bartender for a restraunt for 7 years. One friday night while I was preoccupied about something, a 19 yr. old ordered a beer. I thought I recognized him. It took me a moment to process his face, as it was quite busy. I turned around to change my mind and id him, but the lad was already gone. He was recruited by the sherriff's office. Any manager and regular at that bar could say that I ALWAYS id, unless I have already seen the id. He did not give me any money for the beer. I got on this website seeing if I could beat the charge. This statute does not make sense to me. Does this mean that it is unlawful for the kid to seek alcohol unless employed by the state? Any advice--help. Time is of the essence, because I have the option to do pretrial.
Posted by: Emily McClung | February 9, 2009 1:27 PM
Emily - nothing on this blog should be taken as legal advice. Although the statute says what it says, you need an attorney to argue this if you are going to take it to trial. Get an attorney to handle the charge for you and to advise you as to how you should proceed in your particular situation.
Posted by: BFrederick | February 9, 2009 1:32 PM