Alcohol sales to minors slowing

By Thad Kelling of The Montana Standard - 04/17/2005

More stores are passing undercover compliance checks as Butte police continue inspections to limit alcohol sales to minors, results from a second wave of checks show.

Sixty-one percent of stores passed the first wave October through December by requesting identification and refusing alcohol to underage buyers working with police.

That compliance rate jumped to 81 percent after the second wave January through March.

"The reason that has gone up is that businesses are aware that we are going to do compliance checks and we are going to do them on a regular basis," said Sgt. Jimm Kilmer, the program coordinator.

Kilmer hopes even more stores will pass future inspections.

"We are committed to 100 percent," he said.

The second wave of compliance checks involved undercover buys at 105 of the roughly 140 alcohol merchants in Butte-Silver Bow County. Buyers usually requested beer. And most stores checked were gas stations (31) or self-service retailers (27).

A state grant paid for police overtime to conduct both rounds of inspections and for related administrative costs, police said.

Clerks failing compliance checks for the first time were fined $545. The state also fined stores an additional $250 for a first offense, police said. Penalties increase for repeat offenders.

"All we are asking is that the establishments help us out," Sheriff John Walsh said. "We look for 100-percent compliance, and I hope that they do too." Several stores failed both compliance checks. They include: Noon's, 2902 Harrison; Corner Bar, 501 S. Montana; Town Pump, 901 N. Excelsior, Express Lane, 4701 Harrison; and Flying J, 122000 W. Brown's Gulch Rd.

Some of those stores responded to questions about failing both inspections.

Flying J general manager Gary Dietz explained how it failed twice. The first time, the ID shown was scuffed and easily misread. The second time, the clerk asked the person's age, but received a false or ambiguous reply, he said.

"We don't feel like we did anything wrong here," Dietz said.

Express Lane co-owner Dan Calnan also explained how it failed twice. The first time, the clerk was busy and may have miscalculated the buyer's birthday. The second time, the clerk may have been hindered by a diabetic shock earlier the same day.

However, Calnan hopes to do better during future undercover compliance checks.

"We do support what they are doing, and we are doing our best to try to control any of the problems that are there," Calnan said.

Town Pump stores improved overall from the first compliance check, even though one of its stores failed both inspections. Store representative Maureen Kenneally emphasized their strict policies regarding alcohol and tobacco sales, when asked about the failing store.

"If an employee fails a sting, they are terminated, the manager looses their bonus for that period, and we conduct refresher training for all employees in that location," Kenneally said. "We have always had a zero tolerance for underage sales of alcohol and tobacco and will continue to do so." Police will have at least one more round of compliance checks under the current grant, the department said. The grant was previously reported as only covering two rounds, but police have since received an extension.

An application is also pending to secure an additional grant to pay for more compliance checks. Police expect a response to that request by May.

Reporter Thad Kelling may be reached via e-mail at thad.kelling@lee.net or by phone at 496-5511.