Bar owners liable for serving minors

By Sylvia Phillips

While underaged people caught drinking alcohol face arrest and fines, bar owners face ultimate responsibility for serving minors.

“Bars risk losing their licenses if kids are caught drinking under age,” said DeKalb Mayor Greg Sparrow, who is also city liquor commissioner. “We recognize 18-, 19-, and 20-year-olds can get in, but it’s the bar owner’s problem. I can’t imagine why any bar owner would let them in.”

Sparrow said even if the DeKalb City Council revised city ordinances to allow minors in bars, most owners have told him they will not allow underaged people in their bars because owners face liability for underaged drinking. Businesses do not want to risk losing their licenses. Sparrow said no liquor establishment in DeKalb has had its license revoked.

Once students under the legal drinking age enter bars, it is difficult to monitor whether they drink alcohol.

Glenn Goering, owner of McCabes Lounge, 323 E. Lincoln Hwy., said, “I am not in favor of underaged drinkers in bars. The truth is, anyone 21 or older can buy a drink and hand it to anyone not 21. There is no way I can prevent these people from drinking.”

Robert Daniels, owner of Otto’s, 118 E. Lincoln Hwy., said that even if city ordinances permitted underaged people to enter bars, his business would not let them in because of the ease of purchasing alcohol and the difficulties of law enforcement.

“We don’t have enough employees, nor are we in the business of babysitting,” Daniels said. “I’m not saying 18-, 19- and 20-year-olds are not old enough or mature enough to handle liquor. But because of the law, we would be held responsible.”

However, Lito Nepomiachi, owner of the Jungle, 1027 W. Hillcrest Drive, said he would favor an ordinance permitting minors in bars if bar owners did not face liability for underaged drinking.

“We have no problem (with underaged drinking), and we anticipate no problem (if an ordinance is passed),” Nepomiachi told The Northern Star in October. “It’s fair for underaged people to have a chance to be with their brothers and friends and to see a live band.”

About half a dozen DeKalb bars have been temporarily closed because minors were discovered drinking alcohol during police raids, Sparrow said. In the summer of 1985 the Jungle was closed for nine weekends after police raided the bar and found underaged drinkers in the bar. Nepomiachi said students enter illegally by showing fake identification to bouncers, but when the police come, minors use their real identification.

Underaged students also face fines of up to $500 for drinking alcohol and using fake identification to enter bars and drink in DeKalb, said DeKalb Police Detective Bill Feithen. Forging identification can result in both a fine and a jail sentence, Feithen said.

People who lend their identification to minors face more severe penalties. Under state law, they can be arrested and fined up to $1,000 and possibly receive a one-year jail sentence, said DeKalb State’s Attorney Phil DiMarzio.

DeKalb City Attorney Ronald Matekaitis said in addition to paying a penalty for illegally drinking alcohol, underaged students also must pay an additional $21 in court costs.

“It’s a lot for a glass of beer,” Matekaitis said.

DeKalb Police Detective Bill Feithen said, “You can’t even go into a liquor store (if a minor) to buy a can of pop or bag of potato chips unless accompanied by a parent or legal guardian.”

Thursday: How minors circumvent the law to enter bars and purchase alcohol.