A bill that would prohibit minors working with police from lying about their age during alcohol sale compliance checks would hamstring law enforcement and breed laziness among bartenders and clerks, a state senator said Monday.
The measure, which would also bar anyone involved in the checks from drinking alcohol, is aimed at eliminating compliance checks, which police use to test whether businesses sell alcohol to minors, said Sen. Colby Coash, of Lincoln.
"If this bill passes, law enforcement will just stop using compliance checks," he said. "It weakens our ability to make sure we have compliant business owners."
Sen. Bob Krist, of Omaha, defended his bill, saying the way police handle compliance checks is unfair to business owners, who feel they are being lured into a trap.
"This is in no way an attempt to circumvent the procedure to find proof of age or to make it easier for young folks to obtain tobacco or alcohol illegally," Krist said.
Sen. Paul Schumacher, of Columbus, said police don't have to do compliance checks to find illegal sales. They just need to be observant.
"Bartenders and bar owners across the state, they really hate these things," Schumacher said. "It's not because they don't want to enforce the law or that they want minors to drink. It's because they feel they are being tricked."
The Nebraska State Patrol sets the rules for compliance checks, but any local police agency can conduct them as long as they abide by the state regulations.
Under the rules, minors enter a business, chosen at random, and try to purchase alcohol. If it is sold to them, a citation is issued. Repeated violations could result in the removal of the business' liquor license.
Coash said if minors helping police are required to tell the truth, a bartender would just have to ask whether the person was working for law enforcement. The minor would have to say 'yes' and the compliance check would basically be over.
"This will breed laziness in those who are charged to make sure that folks who purchase alcohol have the legal right to do so," he said.
Further debate on the measure, Legislative Bill 60, is expected Tuesday.
