Letters

ABC – ‘Until then, we will be there’

To the editor:

Before addressing the specific complaints in your column (Hidden Agenda, 6/18/08), we at the ABC Board take complaints and issues seriously. To date, all complaints have been investigated and closed, either unfounded, citations issued or arrests made. If anyone, licensee or the public, has a complaint that needs to be addressed, they can call the ABC Enforcement Office at 251-653-0015. We will take their complaint and investigate it.

In reference to your specific complaints, the video taping of patrons, this is not a practice of the ABC Enforcement Division. The incident that you are reporting on is a licensed location that the licensee requested a hearing on a citation. The video taping of a licensed premise is used for evidential purposes in a hearing commission. This licensee was told that there would be a video made of his premise. The licensee made no attempt to have video made before regular business hours, and this is why the video was made during working hours. The agent that made this video did identify himself to the doorman and the licensee who was working in the kitchen at the time.

Your second issue on the fact of no minor sales of alcohol against establishments is correct; however, there has been several cases made with minors consuming on their premise. Our goal at this time is to try to bring the establishments into compliance. Bringing the clubs into compliance will in itself curb the minors in said establishments. With this being said, the complaints that you address in your column, are from the past couple of months. There have been numerous cases made against licensed locations for selling alcohol to minors in the past on Dauphin Street.

Your third issue concerning open wine bottles and inverted ID numbers both of these issues are covered in the Alabama ABC Board Rules and Regulations. Every licensee was given a copy, plus an instruction sheet to comply with specific rules of operation for their license type. In reference to “the charges being petty,” the licensee in the application process agreed to and signed that they will comply with City, County, and State laws which read as follows:

“The undersigned agree, if a license is issued as herein above applied for, to comply at all times with and to fully observe all the provisions of the Alabama Alcoholic Beverage Control Act, as appears in Code of Alabama, Title 28, and all laws of the State of Alabama relative to the handling of alcoholic beverages. The undersigned, if issued a license as herein requested, further agrees to obey all rules and regulations promulgated by the Board relative to all alcoholic beverages received in this State. The undersigned, if issued a license as herein requested, also agrees to allow and hereby invites duly authorized agents of the Alabama Alcoholic Beverage Control Board and any duly commissioned law enforcement officer of the State, County or Municipality in which the licensed premises are located to enter and search without a warrant the licensed premises or any building owned or occupied by him in connection with said licensed premises.

The undersigned hereby understands that should he or she violate any provisions of the aforementioned laws his or her license shall be subject to revocation and no license can be again issued to said licensee for a period of one year. The undersigned further understands and agrees that no changes in the manner of operation and no deletion or discontinuance of any services or facilities as described in this application will be allowed without written approval of the proper governing body and the Alabama Alcoholic Beverage Control Board.”

In reference to the issue with the agents carrying guns and wearing vests, ABC Enforcement agents are sworn State Police officers entrusted to enforce State laws and ABC rules and regulations. The agents’ duties include but are not limited to investigation of alcohol, tobacco, and other illegal activities. In the course of their duties, agents arrest for various charges that range from violations, misdemeanors, and felonies.

The bottom line is that every licensed location has rules of operations. Those locations which choose to operate as private clubs have to comply with the membership rules. If the licensee has an issue with the membership rules, that licensee might need to change their license type.

As far as the ABC presence on Dauphin Street “going away” soon, is NOT going to happen. When and if the problems and problem spots correct themselves, we as the Enforcement Division can focus our efforts in other areas. Until then, we will be there.

Lt. Michael Cook

Alabama Alcoholic Beverage Control Board

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