An alleged
loophole in state law that has been used to nullify cases against
store clerks suspected of selling alcohol to minors seems absurd.
But if it is, indeed, allowing guilty people to walk, the
Legislature should get busy changing the law.
Law enforcement agencies for years have used undercover teens to
stop alcohol sales to minors at convenience stores, grocery stores
and bars. If clerks sell to the teens, officers charge them will
transferring alcohol to a minor, a misdemeanor punishable by a $200
fine or 30 days in jail.
That seems straightforward enough. But now we learn that
magistrate judges are throwing out cases because of unclear wording
in the law. The law states that alcohol must be for the "purpose of
consumption." Judges are dismissing cases because teens sent by
officers to buy the alcoholic beverages never actually intended to
consume it.
Such a literal interpretation of the law strikes us as over the
top. The undercover teens might have been buying beer to use to kill
slugs in their gardens. But whether consumption was the explicit
purpose or not, the clerks illegally sold alcohol to minors making
it possible for them to consume it if they wanted to.
Fourteenth Circuit Solicitor Duffie Stone said he plans to appeal
one or more of the dismissed cases to get a ruling from the state
Supreme Court. A more permanent solution might be to tighten the law
so that "for the purpose of consumption" applies to the product, not
the intentions of the buyer.
Certainly, this problem should not curtail the sting operations
that help identify unscrupulous store clerks and owners. The cases
thrown out involved stings set up by the State Law Enforcement
Division, but Rock Hill police and other local law enforcement
agencies also have used stings involving undercover teens to nab
those who sell not only alcohol but also cigarettes to minors.
This is an effective way to catch merchants in the act of selling
to minors. Instead of jeopardizing the sting operations, the state
Supreme Court needs to clarify the law or lawmakers need to fix it.
IN SUMMARY |
Loophole should not be allowed to interfere with sting
operations using minors.
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