Business says underage beer sale a case of mistaken identity

Dec. 26—A purported case of mistaken identity may have landed a Crossville business with a violation of its beer license, but it also resulted in the business owners walking away with a lesser fine.

"That's a pretty good excuse," said Scot Shanks, the Crossville Beer Board member whose motion for a $100 fine for Bootleggers Bar & Grill was unanimously approved earlier this month.

Crossville City Council sat as the city's Beer Board during the Dec. 13 meeting in which five businesses were fined for violations that involved selling beer to underage individuals. The board levied fines of $500-$1,000 against the other businesses.

In Bootleggers' case, a bartender served a beer to an underage male on Dec. 1.

"The gentleman was dressed a lot like another customer that she had carded earlier," Bootleggers general manager Charles T. Evans told the board. "She wasn't paying attention. It was a just a general mistake."

The male who was served the beer was in the company of agents with the state Alcoholic Beverage Commission.

"She did card the agent next to him, and the female that was with them also," Evans said. "I believe her when she tells me that, 'I thought it was a guy that I'd already carded,' because they did look a lot alike."

Evans said the staff of the Hwy. 70 E. establishment generally checks identification at the door. Signs are also posted on the door that only ages 21 and older are permitted inside, he added.

Crossville Police Det. J.C. Hancock was with a group in the business' parking lot that night. He said Bootleggers typically turns away underage patrons. An example he cited was a female in the party whom he originally believed to be the underage informant. The same bartender asked to see the female's ID, "and she didn't even know we were there," Hancock said.

"Typically, they're good about ID'ing," he added. "He got in, somebody bought everybody a round, and she gave him a beer. So I don't know if she missed him, thought he was someone else."

Evans said the incident occurred early in the evening, before the establishment's security staff is on duty to check patrons' IDs at the entrance. He said security checks all identification at the door and will not allow any underage customers to enter.

"We don't want to be a problem for this city, and we try to push real hard on that 21 and up," he said. "We don't have to, but we still ban people at the door after we check their ID on the weekends."

The bartender worked for Bootleggers for about a month when the incident occurred. Shanks asked if Evans had considered terminating her after the incident. She had initially been fired, Evans replied.

"Then I heard her story — heard her side of it," he added. "And then I looked at the footage myself and seen."

She was then reinstated, Evans said.

"Are you guys OK with this?" Shanks asked Hancock after his motion for the lowered fine.

Hancock replied, "I'm good with this because I was really shocked that this happened. And I think it was a fluke because he sat down, and as he sat down, there was a guy who bought the whole bar a round. It was bad timing for them. Had they just came in and ordered, she probably would have ID'ed them."

Shanks pointed out that first-time offenders are usually fined $500.

"Well, there are things that happen sometimes," he said.

Mayor R.J. Crawford said he commiserates with business owners and all that goes into the operations.

"At the same time, we have a fiduciary responsibility to make sure that this person doesn't get on the road and kill somebody. You've got to weigh these two dichotomies, and so — it's tough. But I think it's fair."

Other businesses fined $500 for first offenses for underage sales were:

—On the Way Market, 2374 Lantana Rd.

—Marathon Gas Station, 34 Executive Dr.

—Eco Travel Plaza, 1897 Genesis Rd.

—In & Out Tobacco, 45 Elmore Rd.

According to CPD reports, clerks in each establishment sold an 18-year-old female a six-pack of Smirnoff on Oct. 21.

Stiffer penalties were incurred on In & Out Tobacco owner James Wyatt, whose 45 Elmore Rd. establishment was cited by law enforcement twice within six weeks for underage sales.

Wyatt was fined $500 for the first violation, which a Crossville Police report said occurred when a clerk sold a six-pack of Smirnoff to an 18-year-old female underage informant.

The second violation, which resulted in a $1,000 fine, took place Dec. 1. According to the CPD report, a different clerk sold a beer to an underage male working with the state Alcoholic Beverage Commission.

"I'd put in a new program to help train," Wyatt told the Beer Board. "It wasn't like I had not done anything. I'd talked to everybody and tried."

Officials issued stern warnings that a third offense could put the business in jeopardy of higher fines or revocation of its beer license.

"We're business people here," Shanks said. "And we don't like to put it to them because we understand what gets you there. But at the same time, you've got to treat this like you just got fined $50,000."

"I did," Wyatt replied. "I did. I was very serious about it. I'm still serious, OK?"

City Attorney Randy York noted that under the city charter, a subsequent offense could lead to a civil penalty and the beer license revocation for a year.

"I would encourage you to do everything possible," York said, "including putting in certain types of equipment to make sure that driver's licenses are scanned, and making sure your folks are properly trained."

"Yes, sir," Wyatt replied.