La Plata, MD – The old maxim for a server in the alcohol industry is card everybody. One server failed to do that and it landed Red Oak Bistro of La Plata in hot water with the Charles County Board of License Commissioners (Liquor Board) Thursday, Aug. 10 in La Plata.
Corporal Travis Yates of Alcohol Enforcement said that on May 4 at 5:43 p.m., compliance officers went in the restaurant together and were seated.
“The server, identified as Juanita Marie Guerra, asked for their drink order and the officer ordered a Bud Light draft,” Yates said. “The server never asked for identification. The server said she had worked at the restaurant for four months but has worked for 12 years serving alcohol.
“She said she had not received training except for the restaurant training,” he added. “She told me she was supposed to card everybody. She said she did not card her because girl looked older than she did.”
“I’m 31,” Guerra explained. “I looked at the girl, she looked older than me. I was busy. I’ve never had this happen before. I have had people get irritated with me because I card them.”
“Our policy from the beginning has been card everyone under the age of 40,” Red Oak Owner James Day told the board. “Subsequent to this incident, I had all of my bartenders fully certified. Since that time, everyone has been TAM (Total Alcohol Management) certified. We now have pre-shift meetings about carding at each and every shift change. We have had from the beginning wanted to be good citizens and operate our place in the best possible way.”
“Carding under 40 doesn’t work,” admonished Liquor Board Chair Pamela Smith. “Asking people who are working and are busy to guess a person’s age, it always fails. We see it way too much. If they make a mistake, from that point then it’s on them.”
“We agree,” Day said. “Everyone who is serving alcohol is now certified. We were following the 40 and over guideline, but clearly, that doesn’t work.”
“Servers can be fined as much as $500,” Smith said. “Five-hundred dollars for a server is a big deal.”
Master Cpl. Judith Thompson said the business passed their only other compliance check in 2016. “There’s only been one other compliance check in the three-and-a-half years they have been in business,” she pointed out.
“A lot of companies make a manual,” suggested Liquor Board Member Steve Howe. “Everyone who is hired should be certified and given a manual with clear instructions about, ‘here is what will happen to you if you don’t comply.’ On shift change, they can sign it to signify they understand. Your floor manager should hold shift meetings. I would suggest you implement a training program.”
Day noted that the server is no longer employed by the restaurant. “She was there four months,” he said.
“It was my fault,” Guerra admitted. “We have a lot of regulars. You don’t card the regulars. Sometimes it gets confusing. I was there for a little while afterwards and they changed their policy to where now we card everyone.”
“Tell them you have to,” Smith said. “Let us be the bad guy. We’re good at that.”
Liquor Board Member Guy Black suggested the board assess one day of closure for the transgression.
“They’ve only been in business for three years and they already have a violation,” he said.
The final verdict, however, assessed the owners a $750 fine, held three days in abeyance in the event of a future transgression, and fined the server $50.
Contact Joseph Norris at joe.norris@thebaynet.com