I currently run/own a liquor store out in Massachusetts. A few months back one of my cashier got caught selling to an underage individual, during a compliance check by the local PD. The underage individual was working with the local PD. After a hearing we were found responsible by the local board. Out of the 6 years in business, this would be the 2nd offense.
The 1st offense was 2 years ago, but under the circumstances, the board gave us, along with 15 other licensees, a warning. The reason for the warning was because the board agreed that the underage operative did not look his age, he was 20 but had looked about 35 years of age. The policy and guideline states that the operative must look his age, as identified on his valid I.D
After the hearing for the 2nd offense, we have been finding that the local PD have been consistently sending underage kids into our establishment. In this city, only one Officer is responsible for the compliance check. 2 days immediately after the hearing, for the 2nd offense, a compliance check occurred again, approximately 2 hours later another check. During this same week, again, 2 compliance check within a 1 days time frame. So far, there's a compliance check occurring nearly every 2 weeks, with the same scenario; they would drop in around 5pm, get no sales, and then come back around 7-8 and try again. Today, we had the same scenario ( a matter of fact as I was typing this, a 3rd attempt).
My question is, at what point does these or sting operation and routine compliance check become harassment? I have this question because statements that the officer made during the hearing makes me believe that this officer is out to get us. Statement such as "if it was up to him we would not be holding a license." He made it very clear that he wants us out of business. We never had any problems with this police department, other than these 2 offenses. He further made allegations that rumor around the high school was that we are the easiest location to purchase alcohol, and the school resource officer have been receiving several complaints from concern parents. What is ironic about this is that after the 1st offense, many compliance check occurred, but after passing all the checks we were given recognition, by local community action group and the police department for consistently carding patrons. These allegations have zero backbone, no formal complaint, reports or record of such complaints. As a resource officer, I would assume that he has a legal obligation to make his superior aware of these complaints. I feel as though the compliance check officer said what he had to just to make his case sounded good.
During this same hearing, 5 other establishments, mainly bars, were also brought upon the board for the same offense. 3 of the 5 bars have several violations on record, however, only received 3 days suspension but all 3 days were on abeyance for a period of 1 year. As for us, we were giving 3 days suspension but to serve all three days. A bit unfair, but it is what it is.
So 2 questions:
1)Would you consider the actions to be harassment? There's no way to find out whether the PD are performing these checks anywhere else, since there are no mandatory reports published.
2) If this indeed is borderline harassment, how should it be dealt with?
The 1st offense was 2 years ago, but under the circumstances, the board gave us, along with 15 other licensees, a warning. The reason for the warning was because the board agreed that the underage operative did not look his age, he was 20 but had looked about 35 years of age. The policy and guideline states that the operative must look his age, as identified on his valid I.D
After the hearing for the 2nd offense, we have been finding that the local PD have been consistently sending underage kids into our establishment. In this city, only one Officer is responsible for the compliance check. 2 days immediately after the hearing, for the 2nd offense, a compliance check occurred again, approximately 2 hours later another check. During this same week, again, 2 compliance check within a 1 days time frame. So far, there's a compliance check occurring nearly every 2 weeks, with the same scenario; they would drop in around 5pm, get no sales, and then come back around 7-8 and try again. Today, we had the same scenario ( a matter of fact as I was typing this, a 3rd attempt).
My question is, at what point does these or sting operation and routine compliance check become harassment? I have this question because statements that the officer made during the hearing makes me believe that this officer is out to get us. Statement such as "if it was up to him we would not be holding a license." He made it very clear that he wants us out of business. We never had any problems with this police department, other than these 2 offenses. He further made allegations that rumor around the high school was that we are the easiest location to purchase alcohol, and the school resource officer have been receiving several complaints from concern parents. What is ironic about this is that after the 1st offense, many compliance check occurred, but after passing all the checks we were given recognition, by local community action group and the police department for consistently carding patrons. These allegations have zero backbone, no formal complaint, reports or record of such complaints. As a resource officer, I would assume that he has a legal obligation to make his superior aware of these complaints. I feel as though the compliance check officer said what he had to just to make his case sounded good.
During this same hearing, 5 other establishments, mainly bars, were also brought upon the board for the same offense. 3 of the 5 bars have several violations on record, however, only received 3 days suspension but all 3 days were on abeyance for a period of 1 year. As for us, we were giving 3 days suspension but to serve all three days. A bit unfair, but it is what it is.
So 2 questions:
1)Would you consider the actions to be harassment? There's no way to find out whether the PD are performing these checks anywhere else, since there are no mandatory reports published.
2) If this indeed is borderline harassment, how should it be dealt with?
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