Distributor limits hours he serves customers under 25

‘ ‘ ‘ Dean Rogers would have preferred not to stop selling alcohol to anyone younger than 25… ‘ ‘ ‘ Dean Rogers would have preferred not to stop selling alcohol to anyone younger than 25 after 4 p.m. on weekdays and all day Sundays. But, he said, it was something he felt had to be done. ‘ ‘ ‘ ‘ ‘ ‘ ‘It’s either this or close up all together,’ said Rogers, general manager of Craig Distributing Company. ‘ ‘ ‘ ‘ ‘ ‘ The Pennsylvania Liquor Control Board has a’ three-citation limit for licensees before they revoke its license to sell alcohol. ‘ ‘ ‘ ‘ ‘ ‘ Craig Distributing already has’ two citations. ‘ ‘ ‘ ‘ ‘ ‘ The spark to the age limit came when Rogers received a letter from the liquor control board on Jan. 15. It was a notice for a citation. Rogers would have to appear in court for an incident that allegedly occurred the evening of Aug. 22, 2008. ‘ ‘ ‘ ‘ ‘ ‘ A young woman claiming to be 21 years old bought a 30-pack of Miller High Life 12 oz. cans from Craig Distributing. ‘ ‘ ‘ ‘ ‘ ‘ According to the citation notice, Pennsylvania State Police Bureau of Liquor Control Enforcement officers conducting surveillance from a vehicle outside Craig Distributing stopped the female outside the establishment and checked her identification. It turned out the female was only 20 years old. The license in her possession said she was 21, had brown eyes and was 5 feet 2 inches tall, while the female’ they stopped’ had blue eyes and was 5 feet 8 inches tall. ‘ ‘ ‘ ‘ ‘ ‘ Craig Distributing received’ another citation in 2006 from a similar case. Rogers had to pay a $2,200 fine and all his employees had to be RAM ‘mdash;’ Responsible Alcohol Management ‘mdash;’ certified. ‘ ‘ ‘ ‘ ‘ ‘ Since then, the store has added new precautions to’ its carding policy. It purchased two $1,500′ ID scanners and began having people fill out Declaration of Age forms. These forms ask the patron to answer 14 questions before a witness signs’ them. ‘ ‘ ‘ ‘ ‘ ‘ Grace Rogers, the owner’s 19-year-old daughter, then records the information from the’ Declaration of Age’ forms into the computer. She also makes sure the information on the form matches the license information from the scanner. ‘ ‘ ‘ ‘ ‘ ‘ ‘It takes up a lot of time,’ she said. ‘ ‘ ‘ ‘ ‘ ‘ Craig Distributing has three thick binders filled with customer information and’ 16 rectangular boxes full of’ Declaration of Age’ forms stacked high in Dean Roger’s office. ‘ ‘ ‘ ‘ ‘ ‘ The’ state liquor control board’ doesn’t regulate how a licensee verifies the legitimacy of a customer’s identification. ‘ ‘ ‘ ‘ ‘ ‘ ‘There is nothing in the liquor code that says the licensee has to check identification a certain way,’ said Jason Lutcavage, assistant counsel for the Liquor Control Board, ‘but the licensee is held strictly liable for any offense.’ ‘ ‘ ‘ ‘ ‘ ‘ Michelle Fox, deputy chief counsel for the board, said the licensee can either check the license or a valid alternative, have the customer fill out a Declaration of Age form or scan the license using any functioning scanning machine. ‘ ‘ ‘ ‘ ‘ ‘ ‘We have changed our system, upgraded our program, and it is still not good enough,’ said Virginia Ginger Rogers, Dean Rogers’ wife. ‘ ‘ ‘ ‘ ‘ ‘ The girl in the most recent citation notice filled out the proper forms – though the letter from the Liquor Control Board questions whether she did so correctly – and had her ID swiped, but still found a way to get by the system. ‘ ‘ ‘ ‘ ‘ ‘ ‘I wouldn’t do that [25-year-old policy] on my own,’ said Rogers. ‘What other choices do we have?’ ‘ ‘ ‘ ‘ ‘ ‘ During daytime hours, customers who are 21 now have their ID swiped, fill out’ Declaration of Age’ forms and have their license photocopied and stapled to their form. All of this is done after they are verified in the book of past customers. ‘ ‘ ‘ ‘ ‘ ‘ ‘People aren’t happy,’ said Christine Hannan, an employee of Craig Distributing for two years. ‘But I’m fine doing it if it keeps us out of trouble.’ ‘ ‘ ‘ ‘ ‘ ‘ A customer walked to the service window at 3:24 p.m. Friday’ and pulled out his ID. Hannan looked at the photo to see a resemblance. She could not find one. ‘ ‘ ‘ ‘ ‘ ‘ ‘Can you please take off your hat?’ asked Hannan. He obliged. She swiped the man’s license and handed him a’ Declaration of Age’ form. ‘ ‘ ‘ ‘ ‘ ‘ While he filled out the form, Hannan searched for his information in the large customer book to see if it matched his license. ‘ ‘ ‘ ‘ ‘ ‘ ‘I think it’s pretty ridiculous,’ said James Pennington, a 21-year-old Pitt student, as he leaned over the counter to sign his form. ‘You have to always prove who you are. It lessens my possibility of coming back.’ ‘ ‘ ‘ ‘ ‘ ‘ Losing customers is Rogers’ biggest concern. He said it frustrates him to have to turn down long-time customers, but insisted that if he lets one 21-year-old he knows buy alcohol, it would be discrimination to refuse to sell alcohol’ to a person who he’ doesn’t know. ‘ ‘ ‘ ‘ ‘ ‘ Someone suggested closing down the store after 5 p.m.’ But after consulting with his attorney, Rogers came up with the idea to eliminate the ambiguity. He decided to make 25 the age limit during certain hours. ‘ ‘ ‘ ‘ ‘ ‘ There is no age statute other than the 21-year-old drinking age in the liquor code. Representatives from the Pennsylvania Liquor Control Board said it is at the licensees’ discretion to deny the sale of alcohol to any customer, as long as the reasons they give for doing so are not discriminatory. Since the people between the ages of 21 and 25 are not in a protected class, the licensee can enact whatever policy they choose. ‘ ‘ ‘ ‘ ‘ ‘ ‘It’s our last chance at this point,’ said Ginger Rogers. ‘We were starting to ask women their weight just to verify they were who they said they were. It just got ridiculous.’ ‘ ‘ ‘ ‘ ‘ ‘ Although selling beer to individuals is just a small part of Rogers’ alcohol distributing company, it is still a part that provides solid revenue. ‘ ‘ ‘ ‘ ‘ ‘ In just the two weeks since the age limit policy began, business has dropped 50 percent between 4 p.m.’ and 10 p.m. Rogers said that on Friday nights when he would normally make upward of $6,000, he is now seeing less than $3,000. ‘ ‘ ‘ ‘ ‘ ‘ ‘It’s unfair to 21-year-olds because they can’t buy,’ said Rogers. ‘And it’s unfair to me because people go elsewhere. Why isn’t it the same for me as for other people?’ ‘ ‘ ‘ ‘ ‘ ‘ Diana Bellisario, owner of Mellinger Beer Distributor,’ said her employees use a scanning machine and a black light to check for proper identification. She said her business has felt the effects of Craig Distributing Company’s new policy, because her employees have noticed more people coming in complaining about being turned away ‘ ‘ ‘ ‘ ‘ ‘ ‘I just don’t think it’s right,’ said Bellisario. ‘If you are 21, why should you be turned away?’ ‘ ‘ ‘ ‘ ‘ ‘ Rogers shares that opinion, but with one citation left before he could lose his business, he is not taking any chances. ‘ ‘ ‘ ‘ ‘ ‘ ‘I have to do this,’ said Rogers. ‘The way things are going, it doesn’t look too good for the future.