Yesterday, Plog reader tracy a. asked some astute questions regarding how Kansas City's Regulated Industries Division decides on punishments after busting an establishment for selling alcohol to minors.
The question was prompted by yesterday's post, which reported that Sol Cantina's liquor license will be suspended for seven days (January 1 through January 8, 2010) following a December 5 violation of the law.
tracy a. wanted to know: Can some newsie find out why different places receive different penalties for the same violations?
We checked in with Jim Ready, assistant manager of Regulated Industries, who cleared up some things. First off: Sol Cantina's violation was its third this year, not its second, as I'd previously reported (the first offense happened May 15).
"We do have a set way to evaluate all these," Ready explained. "The manager (of Regulated Industries, Gary Majors) has a standard in which he holds everybody, and a set system (of punishments) for the first, second, third and fourth offenses. Fairness is obviously a concern."
Typically, Ready said, the first time an establishment is caught
selling alcohol to minors, they get a warning. The second offense
triggers a choice for the establishment's owner: close for two days, or
don't sell liquor for six. A bar owner will usually choose to shut down
for two days, Ready said, because there's little reason to be open if
they can't serve alcohol, whereas a gas station or convenience store
owner might opt to stay open for six days because they sell other items besides liquor. For example, the operators of the Hen House grocery store on North Chatham Avenue chose to stay open and refrain from selling liquor for six days when they were caught on their second offense, Ready said.
"Fourth offenses -- we haven't had many of those," Ready said. "Typically, it's going to be a 14-day total closure, or 28-day no selling liquor, depending on the circumstances. At any time, revocation (of the liquor license) can come into play. And at any time, the managing officer of the establishment's liquor license can ask for a hearing in front of the liquor board."
As for Sol Cantina's week-long closure, another sharp-eyed Plog commenter, Caroline, noted: How convenient that they are allowed to stay open for the busy holiday season (including New Year's Eve).
Ready's explanation: "Typically, what happens is Gary (Majors) will give these guys a 30-day window to work in, and that's always been standard. The purpose for that is, this (closure) is obviously going to hurt these people, so we want to give them the chance to let their employees know, 'Hey, you're going to be without pay for seven days,' and it gives them the opportunity to brace for it."
So there you have it: The folks at Regulated Industries may be tough, but when it comes to the working stiff, they're no Grinches.
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