GUIDELINES FOR USING UNDERAGE COOPERATING INDIVIDUALS
DURING COMPLIANCE CHECKS
Effective 09/01/2001, the Nebraska Legislature amended Nebraska State Statute 53-1,122 to statutorily authorize law enforcement officers to conduct alcohol compliance checks. The Legislature also specified that all alcohol compliance checks in Nebraska shall be conducted pursuant to guidelines adopted and promulgated by the Nebraska State Patrol with input from the Liquor Control Commission. In order to comply with Nebraska Law the following guidelines have been established for the use of underage individuals to conduct compliance checks for the purpose of detecting alcohol violations.
Prior to conducting any compliance checks a list of randomly chosen locations should be developed. It is appropriate to add to this random list locations that have failed previous compliance checks and/or locations for which complaints of alleged sales of alcohol to minors have been received. (Locations that have failed previous compliance checks should be given sufficient time between checks to allow the licensee to develop and implement strategies to address sales to minors.) Once a location that has failed previous compliance checks passes a subsequent check, it is suggested that they be removed from the prior failure list. If sufficient personnel are available, it is also appropriate to check all the locations in a certain geographic area or all the locations that have the same class of license rather than developing a randomly chosen list. A searchable list of premises with liquor licenses can be found at the Nebraska Liquor Control Commission's web site.
Parental permission is required for cooperating individuals under the age of 21 (unless emancipated). Minors selected as C.I.s for conducting compliance checks shall, in their dress and appearance, be within the range of normal for minors in that geographical area. There should be no alteration to their normal dress and/or appearance for conducting compliance checks. Do not hesitate to instruct, advise and/or correct a C.I. in appearance matters regarding appropriateness for compliance checks. Headwear if worn, should be worn in a manner that is normal for their age and shall not be pulled down over their eyes.
C.I.s must be informed that they will be required to appear and testify before the Liquor Control Commission if needed. When appearing before the Liquor Control Commission, it is preferred that the C.I.'s appearance is the same or similar to the way it was when the compliance check was conducted. If the C.I. is to be paid for conducting compliance checks, payment should be made on an hourly basis or daily rate and shall not be paid based on the number of compliance checks completed or the number of purchases made. Continued use of an individual as a C.I. shall not depend on the number of cases made. The use of individuals working to avoid being charged for a prior or pending alcohol violation is strongly discouraged.
C.I.s should not order or purchase more alcohol than is reasonable to establish a violation. (It is not necessary for a C.I. to consume alcohol for a violation to occur; having alcohol in his or her possession is a violation of the Liquor Control Act.)
Underage C.I.s should be specifically instructed:
- Not to use a disguise, facial hair, heavy makeup, etc, that makes them appear older than they actually are.
- Not to use or possess false, borrowed or altered identification.
- To use their own personal, valid identification, i.e., driver's license, state I.D., etc.
- Not to lie to a sales clerk regarding their age.
- To correctly fill out the documentary proof of age booklet if requested to do so. In order to protect the safety of the C.I. they may use an address that is not their own. The address of the local law enforcement agency is suggested as an appropriate substitution.
- To be prepared to accurately describe and identify the sales clerk for enforcement action.
- If asked they may answer the question, “Are you working for law enforcement?” with “No.”
Enforcement officers should:
- Be positive the C.I. understands all instructions and knows exactly what to do and say. (Coaching a C.I. on how to look and act older is not permitted.)
- Photographs the minor prior to beginning the compliance check.
- Verify that the C.I. is not in possession of any form of identification other than his or her own, valid identification, and has no alcohol on his or her person.
- Make a photo copy or take a photograph of the C.I.s identification.
- Remain in close proximity, or actually enter the retail outlet to view as much of the transaction as possible.
- Avoid sitting at the same table with a C.I. if a retail premises is entered.
- Not to order or pay for any beverages for the C.I., either directly or indirectly.
- Ensure C.I. safety by monitoring the C.I.s conversation with a transmitter or other equipment if practical and if such equipment is available.
- Supply the C.I. with any funds needed to make purchases and document expenditures as they occur (noting specifically the amount tendered and change received).
- Immediately take possession of the evidence from the C.I. upon leaving the retail establishment.
- Not conduct multiple, non-simultaneous compliance checks on a single establishment within a 24-hour time period.
Upon detection of a violation:
- The sales clerk should be issued a criminal citation to court for the violation.
- The staff should be notified that a report will be sent to the Liquor Control Commission for administrative proceedings against the liquor license.
- It is suggested that the C.I and officer both make a report regarding the details of the purchase.
It is requested that the results of any compliance check be sent to the State Patrol Alcohol Tobacco Enforcement Coordinator in order to maintain an accurate statewide database of compliance rates, I.D.'s checked and the ages of the C.I.s used.
Upon request the State Patrol can provide sample forms to law enforcement agencies for parental permission, C.I. agreements, C.I. briefing sheets, violation reports, congratulatory letters and statistical tracking forms. Questions, comments, suggestions and requests for more information or training should be directed to:
Nebraska State Patrol, Alcohol-Tobacco Enforcement Coordinator, (402) 471-8494.
