DC ABRA Stings

[DonRocks]

i know they do excellent sting operations in d.c. our son wasn't arrested when he fell for one of them, but he was suspended, so shortly thereafter left for blue smoke. and i don't recall the exact circumstances, but at the time i thought the deception sounded unfair.

I was commenting on DC's enforcement, which IMHO is predatory.

I agree with both of you. DC's sting operations are the equivalent of putting a radar trap in a place where a driver is most likely to mindlessly speed, e.g., a long, downhill straightaway without any houses around it; as opposed to where someone is most likely to get injured, e.g., a busy intersection or a neighborhood. It's predatory.

So ... an ABRA representative walks into a crowded restaurant at 7:30 PM in the middle of dinner rush. In addition to checking for the usual items (e.g., someone on premises licensed to serve alcohol, the license number being displayed on the front window), the restaurant claims he demanded to see the last ten (10) years worth wine and liquor invoices. On the spot.

The restaurant was unable to produce these items instantly (because they were in the middle of dinner service); had the man either waited until the end of service, or come back the next day, he could have perused them at his leisure.

One month later, the restaurant receives a notice that they've been penalized $2,000 for being in violation of DCMR 23-1204:

1204 RETAILER'S BOOKS AND RECORDS

1204.1 Each holder of a Retailer's license shall keep and maintain upon the licensed premises, records which include invoices and delivery slips and which adequately and fully reflect all purchases, sales, and deliveries of all alcoholic beverages, except beer, made to it.

1204.2 Records shall include and distinctly show the following information:

( a ) The quantity in gallons of each kind of beverage purchased in each purchase;

( b ) The date of each purchase;

( c ) The name and business address of the person from whom purchased with the license number of the vendor, if licensed under the Act;

( d ) The price of each kind of beverage purchased with the total price; and

( e ) The character and brand and quantity in gallons of all beverages, except beer, acquired other than by purchase.

1204.3 All invoices and delivery slips required by § 1204.1 and all importation permits after cancellation as required by D.C. Official Code § 25-119, shall be systematically filed and maintained for a period of three (3) years from date of delivery and shall show a true, accurate and complete statement of terms and conditions on which each purchase was made.

SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008).

[deangold]

Never heard of anyone being asked for more than 3 years worth of invoices. Only 3 are required by the code.

[DonRocks]

Never heard of anyone being asked for more than 3 years worth of invoices. Only 3 are required by the code.

Correct, and there will be no way to prove the dialog that occurred. Regardless, this was not a sting operation; it was entirely unreasonable that this demand took place during dinner rush instead of at, say, 4 PM. (I also see nothing in the code that states these documents must be instantly produced, but that's something of a separate issue.)

[Mark Slater]

Correct, and there will be no way to prove the dialog that occurred. Regardless, this was not a sting operation; it was entirely unreasonable that this demand took place during dinner rush instead of at, say, 4 PM. (I also see nothing in the code that states these documents must be instantly produced, but that's something of a separate issue.)

Restaurants in hotels have a problem because the invoices are stored in the accounting department, which is typically closed after 5PM.

[DanielK]

Interestingly enough, that rule simply says that the records have to be kept - nowhere in that rule does it say that inspectors are permitted to check those books at ALL.

[deangold]

When we got our license we were given the info that we had to keep our records in the restaurant and available at all times. We have been inspected regularly, each time taking anywhere from 10 to 15 minutes. They have occurred on different nights including a Friday or Saturday. They really have been no big deal. My experience seems to be very different.