A bill to overhaul Idaho's antiquated liquor laws has some critics, most notably the Idaho PTA.
The PTA says the 62-page bill contains language that would weaken enforcement of underage drinking. (Jan Sylvester, the PTA's legislative representative, called to take me to task for today's column about the bill, which focused on language to get rid of the state's outmoded liquor license quota system).
I've looked at the language pertaining to underage drinking. And while I can appreciate the PTA's concerns, I don't think the bill's net effect on underage drinking is as clearcut as the PTA suggests.
Under the current law, if an establishment provides alcohol to an underage drinker, the director of the Idaho State Police may issue a fine and revoke a liquor license for up to six months.
"May" is the key word. And it is one of the weakest words that lurks around state law. It doesn't mean that a license-holder will face a fine or lose a license. It is a highly discretionary part of the law — and as such, it is arbitrary.
The bill spells out clear and specific sanctions against businesses that serve minors. And yes, as the PTA points out, first- and second-time violators within a three-year period receive only a written warning — if their employees have attended an alcohol training program.
If the employees haven't been trained, business owners shall face a fine $300 on the first offense, and $1,000 on a second offense. When employees have received training, business owners shall face a $500 fine on the third offense. Again, businesses may lose their license on repeat offenses — although that remains at the discretion of law enforcement.
I'm focusing on the may and shall language because it is crucial.
The bill imposes clear penalties from the beginning; I think that's a plus.
The bill also gives businesses a clear financial incentive to get their employees alcohol training. That's another plus. It is also appropriate, since anyone convicted of serving or selling to an underage drinker would face a misdemeanor penalty, which can entail fines and jail time. This criminal language is already in the law, and the bill doesn't change it.
The bill also adds a paragraph that says anyone under 21 shall not "enter, remain in or loiter about" in a bar. Penalties against businesses are the same as sanctions for serving underage drinkers: anything from a warning letter to, ultimately, a possible license suspension. Again, the penalties hinge on employee training.
I think the language is reasonable. The law keeps the onus on bartenders and waiters, who face criminal penalties. Employers have a financial incentive to get training for their bartenders and wait staff. That strikes me as a good approach.
For another view, click here for an Idaho Press-Tribune editorial.
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I just wanna know if the new bill will still allow alcohol at "family entertainment" establishments like The Torch.
Or will the ISP have another tool in this bill to shut down such family oriented places during these tough economic times???
Inquiring minds want to know.
If you don't think families haven't been started after a night
at the Torch, then you need to do some more research.
On that note: Help keep Torch customers children free; Support Planned Parenthood.
We NEED more midget anorexic dancers ambiguously drug-free!
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There are idiots in all manner of ways, ask me and I'll demo them. It won't be too hard.
Not only have families been started, but Ended at the Torch.
When the state making all their money on alcohol, representatives on contributions, & lobbyist like Roden stop tax increases on alcohol, do they also take on the responsibilities that come with alcohol abuse? WE do just like with banks. The manager at Torch one was run over & killed by a drunk in front of the Torch! Employees are abused more than customers through overpriced alcohol & no alcohol tax increase while we buy a new treatment center or pay for over crowded prisons?
A couple years ago a Torch dancer had a child die, drowned at the lake. The Torch had a car wash to raise $ for the family. Wow, what a generous thing to do. She turned into a drunk & added insult to injury. With all the drugs & alcohol the norm at places like the Torch, was she a good mother, was it just an accident? She was young & no doubt like all of us made mistakes but was the Torch a contributor? Several people working at the Torch, one & two have DUIs. Several people who frequent the Torch, one & two, have DUIs. No doubt many have had accidents, deaths a result, prison, & treatment along with busting up families. Rocket science?
I would think the police would have a data base recording where all DUIs were at before arrested. Yank the liquor license when they get out of hand.
Nice to support business in Idaho as long as Idaho profits through liquor sales & taxes from alcohol don't for damages done. Was a study done to compare profit to costs resulting frim alcohol done? If our representatives were representating instead of lining their pockets through campaign finance, they wouldn't listen to the one side, business, contributors, lobbyists, & would have taken statistics into account, they would debate, & tax acdordingly. Cost of prison, treatment center, broken families while Bush & co promote family, death, insurance costs, a list perpetual but no. Campaign finance made the decision.
Insurance companies contribute & we have a seat belt law, $10 to $100 tickets, but where are insurance companies when alcohol taxes are shot down by the same lobbyist & representatives? The same politicians hear about insurance costs from accidents & the cost of insurance due to no seat belts. Do they forget alcohol related accidents when a contributor from alcohol hands over the money or a lobbysist buys lunch? Obviously, & representation? All the people who don't drink a drop pay for all the damage alcohol contributes to, do they profit through alcohol sales like contributors & politicians & is it worth it to the innocent? Does it pay for a funeral in which their teenager is buried?
No increase in taxes to cover the costs of damage done through alcohol. The state would have lost $? The Sunday Parade had an article about prison overcrowding, senator Jim Webb from VA suggesting we need to fix a problem costing Us billions. I knew two peoiple in Nebraska corrections who were involved in drug dealing. One a guard & the other administrative. NE corrections didn't want to know. I grew up in a small community where you knew everyvody who was dealing all the drugs & the guard was the best friend & a drug user himself. One of the drug dealers was one of the biggest cocaine dealers in the state, sold drugs to a Columbus, NE County Attourney who was arrested at a drug party. The Columbus paper wrote a story & retraction the next day. A Columbus judge was guilty of kiting checks, the drug dealer used to brag he never had to worry about a thing, & he never because he had a judge & county attorney in his pocket.
The prison guard friends in the same prison he worked at, all grew up together, went to high school together. NE Gov Jokhanns didn't want to know just like ID Gov Otter doesn't want to know about rotten milk in Idaho. Otter covered it up like a peanut butter producer in TX inspections until they pass like Darigold rerunning milk. Otter with excuses like the USDA & FDA do inspections while Obama suggest the FDA is a disgrace? Campaign contributors?
Every government agency is failing & GM is being bailed out? How about the postal sevice? $2.5 billion in the red, going to quit delivery on Saturdays, & we're going to warranty cars? I have a customer in El Paso, TX who would rather not mail checks because the postal service hires Mexicans, illegals, & can't trust the mail service. Jobs Americans won't do?
We have internet viruses about to bust the entire nation, banks, all business, including online banking! Did anyone watch 60 Minutes the other night? We're done, cooked, belly up, & the people still think America is the greatest country in the world. Our representatives might be the greatest crooks in the world but we are no longer the greatest country in the world unless that is the criteria. Maddoff is going to show Us how to fix banking? If Cappone were alive he's be an government official in charge of alcohol. Otter mentor no doubt.
GG, how many Ambien does it take to shut down your mind
when it is bedtime?
I can understand associating viruses with the Torch, but not internet viruses...
Sleep doesn't shut down anything, your mind goes UNDERGROUND...
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There are idiots in all manner of ways, ask me and I'll demo them. It won't be too hard.
You're starting to sound like
a blogger. The may-shall distinction is very important and I'm glad you highlight it. But the word 'may' isn't "highly" discretionary. 'May' merely grants discretion to the enforcer whereas 'shall' is a decree from a legislature that presumes to know what is best in all circumstances. PTA's are often populated with these know-it-all types. I'm a big fan of allowing some discretion or we'll end up with some absurd results.
Absurd is entertainment and the entertainment is art.
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There are idiots in all manner of ways, ask me and I'll demo them. It won't be too hard.