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AskMeHow
Aug 29, 2013, 10:15 AM
I am a food & beverage manager in CA. At work, I am being put in a position to violate state liquor laws (serving after license permits, in un-authorized areas). My boss is aware that his requests violate our license and state laws, but historically, he seems to have no concern for the law and habitually violates health codes, OSHA guidelines, etc.

I like my job and really don’t want to lose it, but have concerns about both breaking the law and potential personal liability if there should be some form of accident while we are violating our liquor license. Any suggestions on how to delicately approach the situation without jeopardizing my employment?

Thank you.

smoothy
Aug 29, 2013, 10:19 AM
Oh trust m... if the LCB ran a sting and you served them... YOU will be held liable... as well as the store owner... seperately. Including the fines... which can be in the thousands. His will be far higher.

I know a few people that made the mistake of not checking an ID when the wrong person came in.

FInes were over $2,500 for them and over $10,000 for the license holder. Each time.

You don't sell after legal hours... or to people without the proper ID... three are online courses specifically tailored to your specific local laws, I recommend taking one if you haven't. You could be held liable if someone in a croup bought for an underage person as well. (Straw Purchase).

The law doesn't care if you were told to... or even just didn't know.

smearcase
Aug 29, 2013, 04:05 PM
The boss will deny telling you to violate rules and regulations and use you as a scapegoat if he can. Always nice to have a patsy around to take most of the rap. Ask him to put his instructions in writing (after you have found another job).

smoothy
Aug 29, 2013, 04:58 PM
The boss will deny telling you to violate rules and regulations and use you as a scapegoat if he can. Always nice to have a patsy around to take most of the rap. Ask him to put his instructions in writing (after you have found another job).

Even if the boss DOES put it in writing... the person who actually made the sale will be held both civilly and criminally liable and WILL have to appear in Court. Separately from the business owner.

While the first offense is only likely to get you a hefty fine and probation... it is a Misdemeanor and does carry the potential for jail time with future violations.

I know three people this has happened to.

The laws aren't handed down by the business owner... they are handed down by State Legislatures and the Liqueur control board.

joypulv
Aug 29, 2013, 05:16 PM
There is no delicate way to handle this. Your boss could care less if you quit or if he fires you and immediately finds someone else. So you have to decide what you want to do - stay and take the risk, quit, be fired.
Or turn him in, I suppose. Get his license taken away and buy it yourself.

Fr_Chuck
Aug 29, 2013, 05:20 PM
You need to refuse to break the law, explain why. You may be fired, it happens, but you can not be breaking the law, you can be held liable perosnally