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Question

IF YOUR SMALL BUSINESS SELLS A BEER TO AN UNDERCOVER AGENT WITH THE GEORGIA DEPT. OF REVENUE, IS THAT PERSON WHO PURCHASED THE ALCOHOL REQUIRED TO SHOW YOU AN ID OF HIS/HER AGE. AND WHAT DOES THE CODE 560-2-2-.03 MEAN? IS THERE A STANDARD FINE FOR THE FIRST OFFENSE, AND IF SO, HOW MUCH WOULD THE FINE BE. WOULD I BE BETTER TO PLEAD NOLO CONTEST OR GO TO COURT?

Submitted: 79 days and 18 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Georgia

Already Tried:
I JUST RECEIVED THIS CITATION 08-28-2009. AN EMPLOYEE WHO WORKS FOR ME DID THIS TRANSACTION, BUT SINCE I AM THE OWNER I GOT THE CITATION.

Posted by Dimitry Alexander Kaplun 79 days and 18 hours ago.

Answer

The code references the actual statute under Georgia law. Here it is for you to review:

560-2-2-.03 Sales to Minors; Exceptions. Amended.
No licensee, employee of such licensee, or any person acting on behalf of such licensee shall give, sell, offer to sell, furnish, cause to be furnished, or offer to furnish any beverage alcohol to any person who is under the lawful drinking age as established by
this Title.

Authority O.C.G.A. Secs. 3-2-2, 48-2-12. History. Original Rule entitled “License Application: Citizenship and Residency; Waiver” adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled “License Application: Citizenship and Residency” adopted. F. Oct. 23, 1969; eff. Nov. 1, 1969, as specified by the Agency. Repealed: New Rule entitled “Sales to Minors: Exceptions” adopted. F. May 5, 1982; eff. May 25, 1982. Amended: F. Sept. 27, 1985; eff. Oct. 17, 1985.


I have been unable to find what the fine is going to be--however this isa strict liability offense, meaning that there should not be a difference between a first offense, and a subsequent offense. I strongly urge you to contact the Georigia Department of Revenue Alcohol/Tobacco or your county office (from what I reviewed, thse fines can be county specific).

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

79 days and 18 hours ago.

Reply

DOES THIS PERSON HAVE TO SHOW YOU AN ID OF THEIR AGE AFTER PURCHASING ALCOHOL. THE EMPLOYEE STATED THAT THE GENTLEMAN FROM DEPT OF REVENUE CAME IN AND SAID SHE HAD SOLD A BEER TO A MINOR. I REALLY DONT KNOW IF THE PERSON WAS A MINOR OR NOT.

Posted by Dimitry Alexander Kaplun 79 days and 18 hours ago.

Answer

By law, you have to ask for ID, but if the ID is not shown, OR the ID is false you are still liable--the law only cares if the person purchasing is an actual minor. If you sell, even by mistake, you are liable.

Since you are not sure if the person was a minor or not, demand a copy of the citation and evidence against you from the Dept of Revenue, and also ask them as to what the fine is going to be--be aware that if they feel that you are a habitual seller of liquor to minors, they may ask to remove your license.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

79 days and 17 hours ago.

Reply

I HAVE A COPY OF THE CITATION AND NO WHERE ON THE CITATION SHOWS THE PERSONS AGE WHO BOUGHT THE BEER. AS I STATED EARLIER A DEPT. OF REVEUNE AGENT CAME INSIDE THE STORE AFTER SHE WENT OUT AND STATED TO THE EMPLOYEE, YOU JUST SOLD BEER TO A MINOR.

Accepted Answer

<p>Then demand proof from the agent that the served individual was indeed a minor. Contact them and request them to forward you a copy of the event, and proof of minority.</p><p> </p><p>Sincerely,</p><p> </p><p>Dimitry Alexander Kaplun, Esq.</p><p> </p><p>_______________________________________________________________________</p><p>Please click "accept" so I can be compensated for my assistance. Thank you!</p>

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
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Answered: 9/4/2009

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