Crystal Stump (founder and CEO of ABC Consulting and former special ABC Agent from the Alcohol Beverage Control Authority) explains what Underage Buying is.
Pour yourself a drink; you’re going to need it!
The Alcohol Control Enforcement division of the VA ABC Authority is tasked to go out and test all Virginia licensed locations – the test? To see if they will sell to someone under 21!
An UAB (Under-age Buyer) is a person under the age of 21. This person is employed by the Alcohol Beverage Control to work in the enforcement division. They go out in a controlled operation to test businesses and attempt to purchase alcohol. Here are some truth bombs:
- UAB’s are actually underage.
- They are chosen because they look YOUNG (males without facial hair, braces, no sunglasses, no hats, little makeup).They, honestly, look very young.
- They have a valid ID or Driver’s license.
- They are with a Special Agent, who is observing the attempted purchase.
When your server first sees the UAB, they’ll notice how young the person looks. Then, the UAB will confidently ask for an alcoholic beverage. Why so confidently? Well, because this is their job and they have lots of practice. They don’t appear nervous – which might throw your server off. And this is time for your server’s big decision. Will they ID? Will they read the ID (remember, it is valid and will SHOW the buyer is actually underage)? Will they serve them, anyway?
In my experience, most people request the ID. But, again, the confidence can throw your employee off from actually reading the ID.
If your server gives the UAB a drink….the UAB doesn’t drink it, they leave. And the Special Agent comes in, shows their ID and proceeds with the arrest. In Virginia, as a first offense, serving an underage buyer carries up to $2,500 fine, 12 months in jail or a 25-day suspension of your license.
What does ABC Consulting recommend if you are served? Cooperate. Get your license, take notes, and answer respectfully.
What can you do to protect your business? Go NOW, and require all staff to take the training. There will be three choices: WINE VA®, BREW VA® and TOAST VA® – likely your employee should take the TOAST VA® training. TOAST Academy has training that is updated as rules and regulations change, so you should probably require annual training of your employees. (Courses only cost $29.95 and are online and self paced).
As a reminder: When you train your employees, you need a policy – train them to ask, “How Old Are You?” UAB’s will tell you their true age. Again, go right now to the website and require the training for all sellers and servers.
Lastly, when a licensee receives the violation report, it can be very confusing. If you need help understanding the civil penalty or want someone to attend the hearing with you, reach out to ABC Consulting. Even have questions about negotiating with the Alcohol Beverage Control Hearing division, reach out. We’ll help you read the charges, attend the hearings with you – remember I am not an attorney. If you would like me to attend court with you as an expert witness, write to me at Crystal@VAabc.com. As your consultant, I do have access to expert attorneys, well versed in alcohol. Again, I am not an attorney but have been working in the alcohol licensing industry since I was an Underage Buyer for the Virginia ABC Authority. I can answer all your questions and welcome your email. Let’s talk: 800-785-0161
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