Indiana law prohibits minors from entering bars and from purchasing alcohol. Joe’s bar on Main Street holds training every 3 months where bartenders and wait staff are instructed on the necessity of checking identification and given tips on identifying fake id’s. There are signs at all doors and above the bar that state no one under the age of 21 is allowed in the bar and they will not be served.
On August 8, 2012 an undercover operation was conducted in the city and Joe’s bar was one of the establishments that was visited. A minor and an undercover police officer who was over 21 went into Joe’s and sat at a table. No one asked for id at the door. The place was busy as a good band was playing but the waitress came by and took their order without asking for id. After she brought the beers, she did ask for id but didn’t look at it to see that the one person was not over 21 since another table was calling her over. The undercover officer and minor left shortly after that without drinking their beers.
On August 9, 2012 the owner of the bar was served with a notice of violation of Indiana law
Sales to minors prohibited
Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated conviction under this section; and
(2) a Class D felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person.
(c) This section shall not be construed to impose civil liability upon any postsecondary educational institution, including public and private universities and colleges, business schools, vocational schools, and schools for continuing education, or its agents for injury to any person or property sustained in consequence of a violation of this section unless such institution or its agent sells, barters, exchanges, provides, or furnishes an alcoholic beverage to a minor.
Should the owner of the bar be held liable for the violation? The waitress? Why or why not? Please discuss using concepts from chapter 4. Do you personally agree or disagree with the law as applied?
Students will be marked down for postings that are “posted” in a manner where they cannot be discussed (i.e. posting required comments on Friday at 11:45 p.m.). One or two sentence “comments” will be graded down.
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