Underage drinking: ABC undercover

VIRGINIA BEACH, Va. (WAVY) - Alcohol related fatalities are one of the leading causes of death for young adults between the ages of 16 and 24, and some underage drinkers don't have much trouble finding alcohol to imbibe.

10 On Your Side went to the Virginia Alcoholic Beverage Control (ABC) to find out what agents are doing to keep alcohol out of the hands of young people.

Agents recruit teens to help them battle underage drinking. In addition to the potential dangers for teens, there are also certain legal consequences. Anyone under 18 convicted of purchasing alcohol in Virginia will lose their driver's license. Those under 21 also face fines, community service, and possible jail time.

In ABC's underage buyer program, a supervised underage buyer enters businesses that hold licenses to sell alcohol, and tries to buy beer.

"We are hoping that the respective establishment--the clerk or waiter or waitress--will do the right thing, scrutinize the individual, scrutinize the and refuse the sale," said Special Agent David Huff.

During an undercover operation in April, 10 On Your Side went with Huff and a 17-year-old buyer to random convenience stores in Virginia Beach, novelty shops at the Oceanfront, even a grocery store. Seven times, clerks refused the sale.

But one clerk failed the test. The underage buyer walked into a Sunsations location just behind Agent Huff, and walked out with a bag containing a 24-ounce bottle of beer. Huff immediately returned to his car and got his ticket book.

"She'll be cited for violation of state code 4.1-304, which is sale to an underage person," he said.

The misdemeanor charge carries penalties of up to one year in jail, and/or a $2,500 fine.

Sunsation's Corporate Manager Larry Bublick contacted 10 On your Side after Friday. Bublick said there had been a delay in getting back to us because the owner had been out of the country. Bublick said Sunsations takes underage alcohol laws and the consequences of underage drinking, very seriously. He explained the company makes a big investment in promoting a family friendly environment at the oceanfront and trains its employees on laws. He said, "The clerk made a mistake. But Sensations has a zero tolerance policy and the clerk was fired. It was an unfortunate incident that was the first in 20 years."

10 On Your Side also learned penalties extend to businesses.

"Just like any other convenience store, if you lose your beer license, you might as well shut down," said Betty Turner, who manages Jr. Markets.

The undercover operation went to one of her storers on London Bridge Road. Her clerk refused to sell to the teen.

"I called him right away and I told him good job," Turner said.

After the criminal process for buyers and sellers is complete, the business manager or owner could end up face-to-face with an administrative judge to explain why their business should not face disciplinary action.

"There is a requirement, when you're selling alcohol--considering the potential for very bad things that can happen when alcohol is there," Huff said. "[It's] a high standard that we expect from a licensee and a person selling alcohol."

And the signs are everywhere:

"A VALID ID IS REQUIRED FOR THE PURCHASE OF ALCOHOL. IT'S THE LAW."

Actually, it is not the law. In Virginia, it is illegal for a clerk to sell alcoholic beverages to anyone they have "reason to believe" is "less than 21."

10 On Your Side asked Virginia Beach Delegate Chris Stolle to clarify why Virginia does not simply have everyone who wants to buy alcohol show identification.

"Look, the responsibility is still on the vendor if the characteristics of that individual make you believe they are not 21 years old," Stolle said. He explained the responsibility is not somehow decreased if an underage buyer displays a fake identification.

"You say card everybody and that allows them to hide behind that law. Now this says, you have to verify that age, and how you verify that age, you're going to be held accountable," he said.

Turner said she believes it is up to her and her counterparts to be accountable to the public when it comes to underage drinking.

"It's important not to feed into it, not to help it along. If we do our job--and in our company our job is to ID--our job is to make sure they're above 21... it's safer for everybody."

The law says businesses cannot sell to underage people. So businesses have policies to make sure employees are obeying the law.

"If you look 35 and under we ID each and every time," Turner said, as she read the sign posted on the alcohol coolers in her store.

Agent Huff said in two decades of working in alcohol enforcement, he has learned it only takes one underage purchase and consumption to put lives in danger.

"Without a doubt, alcohol is arguably the most potent intoxicant that one can purchase. Just because it's legal, just because one can get it on the shelf at an ABC store, grocery store, etcetera...does not somehow mean that it's safe," he said. "In fact, alcohol