Furnishing to minors kansas accident?

Question

I just started working at a convience store a week ago, and tonight during a huge, pressuring rush, when i was working alone, a man purchased beer, he looked over 30 to me, he was about 6'7,huge gut, beard, so i didnt card him because state laws says thats ok if their over 30. anyway, 10 minutes later, the cops come in and write me a ticket, the guy was underage, he had to have been boarderline 21, i talked to a lawyer he didnt tell me much.

What should I do? Whats the penalty for this? Anyone go through this thing before? IT WAS A TOTAL ACCIDENT!

Answer 1

Your question is reproduced below to preserve the original fact pattern to which this answer applies:

Q: "Furnishing to minors kansas accident? I just started working at a convience store a week ago, and tonight during a huge, pressuring rush, when i was working alone, a man purchased beer, he looked over 30 to me, he was about 6'7,huge gut, beard, so i didnt card him because state laws says thats ok if their over 30. anyway, 10 minutes later, the cops come in and write me a ticket, the guy was underage, he had to have been boarderline 21, i talked to a lawyer he didnt tell me much."

"What should I do? Whats the penalty for this? Anyone go through this thing before? IT WAS A TOTAL ACCIDENT!"

A: There is no quick answer to your question.

You should request a hearing to fight the ticket.  But that it was an "accident" is no defense.  

Has the convenience store been ticketed as well?  If so, they should agree to have their attorney represent you in the case.  You were, afterall, working for them at the time.  Having an attorney-- hired by you or by them-- would probably be in your best interests.

If not, immediately go to the manager of the convenience store and ask for a copy of the video surveillance tapes showing the patron.  The video may be useful or may not-- but if it shows what you saw and a reasonable person would have concluded the patron was over 30, you may be able to win your case right there.

Then contact the issuing officer and ask where you may obtain a copy of the report involving the patron's underage possession-- including any photo's they may have of the patron.  It's likely the "patron" was an under-cover agent-- but that still would mean that the law enforcment agency will have some details about the sting that was conducted.  You are entitled to that information.

Also, go to your local law library and do some research on cases that have gone to court on the same issue.  The law is best understood when you have an idea what's happened to people similarly charged in the past.

Then put in for a hearing on the ticket.  Appear and plead your case-- much like you did here.  Do not, however, bring up the "accident" part of your explanation.  Focus on how you believed that the individual was over 30 years of age and therefore you were not required to card him.  Present your video evidence if it's useful.

See also:

41-107. Compliance checks or sting operations; notice of compliance. Any licensee who has been the subject of an operation conducted by the division of alcoholic beverage control or any local law enforcement agency to determine compliance with the provisions of laws relating to the sale of alcoholic liquor and cereal malt beverages to persons under 21 years of age or the legal age for consumption of cereal malt beverage shall be issued a written notice of compliance with such laws within 30 days of the date of such operation.

History: L. 2000, ch. 166, § 10; July 1.

41-346. Administrative action for offenses involving minors; defense. In any administrative proceeding pursuant to the Kansas liquor control act to suspend or revoke a license, or to impose a civil fine, for a violation of K.S.A. 21-3610, 21-3610a or 41-2615, and amendments thereto, it shall be a defense if evidence is presented which indicates that: (a) The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and (b) to possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was 21 or more years of age.

History: L. 1994, ch. 300, § 3; July 1.

41-902. General penalty. Any person who shall violate any provision of this act for which a penalty is not otherwise specifically provided shall upon conviction of any such violation be fined not to exceed five hundred dollars ($500) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment.

History: L. 1949, ch. 242, § 97; March 9.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]