What are the rules for liquor control officers employing minors to catch offending bartenders?
A Vancouver attorney for two popular downtown bars, Top Shelf and Dublin Down, contends the state liquor control board put a “deceptively mature-looking” teenager undercover in the lounges to trick the bartenders into serving him. The attorney also argues the sting wasn’t lawful because the minor was asked to break the law by entering a bar.
The issue — whether the bars should face a five-day license suspension or $500 fine — is now before a Clark County judge. The case, which arose from a Dec. 2, 2008 sting, has been appealed several times within the liquor agency and has now landed in Superior Court.
Both bars were sanctioned by the Washington State Liquor Control Board after the sting. A liquor control officer enlisted an 18-year-old boy to enter several bars, order a beer and see if the bartenders asked for his identification, according to court documents.
Bartenders at Top Shelf Grill, Dublin Down Irish Pub and Gold Rush Restaurant & Lounge (now called Boomer’s Sports Bar & Grill) all served beer to the undercover minor. The bartenders were charged with furnishing alcohol to a minor, a misdemeanor. Their criminal cases were dismissed because a District Court judge found the sting that led to the violations was unlawful, court documents show.
Superior Court Judge Robert Lewis heard arguments Friday from an attorney for the liquor board and from William Baumgartner, attorney for Top Shelf and Dublin Down. Gold Rush was not part of the appeal.
The judge must decide whether to dismiss the sanctions against the businesses or uphold the liquor board’s rulings. He told the attorneys he would render his written decision at a later date.
Assistant Attorney General Brian Considine said the practice of enlisting underage aides to perform stings is very common and is similar to other types of law enforcement stings, such as undercover drug deals. The minors are always supervised by a liquor control officer and never consume the alcohol.
The practice “comes from the general authority the liquor control board has to enforce liquor laws,” he said.
But Baumgartner said the liquor board has no rules or guidelines in conducting stings. What’s more, the 18-year-old aide looked much older than his age, which raises the issue of entrapment, he said.
“What’s not to say they can’t get a Hollywood makeup artist to make these people look 50?” Baumgartner argued. “We are trying to show this is outrageous behavior.”
About having a minor enter the bar, he said: “You shouldn’t break the law to enforce the law.”
In response, Considine said the liquor board takes guidance from its general authority to conduct stings and from the state constitution. He also scoffed at the suggestion the 18-year-old looked much older, saying after the court hearing that the boy looked just like any other teen.
He said these types of stings are done professionally. “An argument (that) there’s no constraints is false,” Considine said.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
