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Tuesday, June 18, 2013

Council proposal would kick underage from bars after 10 p.m.

Monday, October 15, 2012

(Photo)
The doorman at the Rude Dog Pub, 123 N. Main St., checks a customer’s identification and collects a cover charge Saturday.
(ADAM VOGLER) [Order this photo]
Bar owners can do their best to prevent it -- pore over driver's licenses, study every borderline face or mark black X's onto the wrists of those with birth dates that miss the legal age.

But David Creech says it's not possible in today's world to outsmart every faker. If the job entails serving cold brews and cocktails, he says, then at some point the patron who pays up the cash and throws back that drink is not legally old enough to drink it.

Creech is in a position to know. For three years, he's owned Mixing 10, the downtown Cape Girardeau bar that features live music as well as drink specials. But Creech doesn't pretend that his record is perfect when it comes to keeping alcohol out of the hands of those younger than 21.

"Any bar owner that believes he's never served someone under 21 is fooling themselves," Creech said. "We work hard not to do that. I don't want that reputation and I don't have that reputation. But it happens. These kids are too smart."

A proposal being considered by city leaders is aimed at curbing when it does happen -- by amending Cape Girardeau's city code as it relates to alcoholic beverages. The Cape Girardeau City Council is set to vote on such an amendment at tonight's meeting that would restrict those under 21 from being in establishments that serve alcohol after 10 p.m. unless they are accompanied by a parent or a guardian.

"I believe it to be a health concern for the college students and others in town," said Councilwoman Kathy Swan. "I believe the information we're receiving about how serious it's become, and I'm in favor of us doing something about it."

Officers from the Cape Girardeau Police Department met last month to discuss enforcement efforts with those from the Department of Public Safety of Southeast Missouri State University, whose younger students are prone to underage drinking. From that meeting, a plan was devised to increase focus on alcohol-related violations committed by teens. Since that meeting, the department has conducted compliance checks, helped facilitate server training and implemented more aggressive patrols.

Four out of 35 establishments failed during a recent police compliance check, in which a teenager was sent in to attempt to buy alcohol, Fields told the city council in a recent meeting. Ben Burch, the owner of Rumors Bar and Lounge, acknowledged Sunday that he was one of those who was cited for selling booze to a minor.

"I've been in this business for 15 years and that's never happened," Burch said. "They did a compliance check and I dropped the ball."

Until that day, Rumors was an 18-and-over bar on the weekend, he said. Burch was behind the bar and, while the door man checked the minor's ID and marked his wrist with an X, Burch said he "wasn't thinking" and assumed the door man was keeping out the youngsters.

Since that day, Burch said, Rumors no longer allows anyone inside who is under 21. He did that before he learned the council was considering the ordinance.

Besides, Burch said, "Kids are crafty. It's a chess game. These IDs they're making are getting better and better. They were constantly trying to outwit us."

Other statistics suggest the problem has worsened, Fields told the council. At a drunken-driving checkpoint in September, 251 vehicles were stopped, Fields said, resulting in two driving-while-intoxicated arrests and one minor in possession charge, Fields said, as well as a host of other non-alcohol-related offenses.

The department, Fields said, performed several "walk-throughs" of local bars trying to spot those drinking illegally. Police have also unexpectedly stopped in at parties in search for offenders. On Sept. 27, police found four nuisance parties and cited seven minors for drinking, Fields said.

Statistics provided by Southeast Missouri State University suggest that drinking remains a problem for a portion of its student population. University police found 18 alcohol violations in August, up from 13 last year, including those involved fighting in public and other disruptive behavior. University police issued summonses to three students for driving while intoxicated that month, one more than last year, the records show.

In Sept. 27, 40 students were referred to the university's judicial system after police busted up an off-campus party on the 1100 block of North Sprigg. Many of the students were drinking underage.

A the council's Oct. 1 study session, university representatives, including president Ken Dobbins, asked that an ordinance be revised to restrict the underage from entering -- or staying in -- establishments that sell alcohol. The ordinance would only apply to businesses that derive at least 35 percent of their gross sales from the sale of alcohol.

One Southeast sophomore, who asked that his name not be used, said that he doubts that the new ordinance will keep many who are under 21 from in Cape Girardeau bars. He's received multiple citations for being a minor in possession. But, more often than not, he said, borrowing the ID of someone who looks like him works on bartenders.

"It's dark in there, the bartender's busy, he can never take the time to look that close," he said. "We never use fake IDs. That's a felony. It's less trouble if you get caught using someone else's ID. Go to court, pay a fine. No big deal. This law's not going to change anything for us -- it'll just make them feel better for passing it."

smoyers@semissourian.com

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Pertinent address:

401 Independence St., Cape Girardeau, MO


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If the establishment is a diner who serves alcohol, then 10pm seems like a reasonable solution, but IMO minors have no business in a bar EVER.

Facilities who have pool tables and darts need to make a choice, do they want to service adults with alcohol or minors and become an alcohol free enviroment.

If I recall correctly, Missouri law allows a minor to be served in the presence of a parent or is it an adult? Either way, the law needs to be changed, as a minor should never be served alcohol in public or private.

-- Posted by chocolate thread on Mon, Oct 15, 2012, at 7:17 AM

Sounds like to me that it needs to be a felony to use a friends ID also. Either way good luck trying to solve this problem. We were all young once and know the way those kids think. It is a chess game and the kids are always one step in front of authorities.

-- Posted by drivennail on Mon, Oct 15, 2012, at 7:59 AM

What about places that serve food after 10. or parents with young children. Applebes is a good example.

-- Posted by jcjayof61 on Mon, Oct 15, 2012, at 8:12 AM

If the Division of Liquor Control had not been cut like it has been for the past four years we wouldn't be having this issue. The Division of Liquor Control Enforcement did a good job in enforcing the liquor laws of the State and they had direct contact with bar owners, where the locals have other matters to take care of besides enforcement of liquor laws.

-- Posted by swampeastmissouri on Mon, Oct 15, 2012, at 9:00 AM

My concern is adults bringing their 13-14 yr old kids into a private bar every night and pushing the limit when it comes to them being in the bar past 9:30. What type of parent brings their kid into a bar every night, school nights included? What type of parent brings their kid into a bar, period!!?? Good luck stopping this kind of mess. It's been this way for as long as I can remember. If any patron is caught with fake ID, they should get the max - of course- that really wouldn't be fair. Illegals walk around with them all day.

-- Posted by momspoppies on Mon, Oct 15, 2012, at 9:38 AM

It does need to be a felony to use somebody else's card. Also, what about enacting a 10 p.m. curfew for minors? Students caught underage possession lose their scholarships. Here we are in this town, letting underaged patrons in, yet when it comes to the gambling joint, they say they'll be able to keep them out? Time to raise the two-lettered flag! The establishments need to lose their license to sell alcohol immediately when an underaged patron is caught. No ifs, ands, or buts about that! Even the bar owners are admitting that they will not be able to keep minors out. Before anybody comes back and justifies the actions by saying there's nothing for minors to do, understand that is not the point.

-- Posted by Beaker on Mon, Oct 15, 2012, at 10:23 AM

I thought young people 18 or over were no longer minors but legal adults. As I understand it they can vote, serve their country in the military, and, if they get in trouble, be treated as an adult by our criminal justice system. But they can't legally buy a beer? Makes no sense to me. Either raise the legal age of adulthood to 21 or lower the drinking age to 18.

-- Posted by chinook on Mon, Oct 15, 2012, at 10:45 AM

Did Ben Burch seriously just say that had never happened before? He must have meant that he's never been caught! It's a pretty well known fact that he let the 18-20 year old crowd drink at his bar on a nightly basis before this happened.

-- Posted by Zac&Sarah1931 on Mon, Oct 15, 2012, at 10:58 AM

So, if I have a fake ID and I'm already being served, what good does the 10pm ordinance do?

-- Posted by PatK on Mon, Oct 15, 2012, at 1:07 PM

All this will do is push more drinking to unsupervised private locations. Besides as an ex-underage college drinker the rare times we would go to a bar it was almost always a bar where the doorman or the bartender was somebodies older brother/cousin/best friend this ordinance isn't going to put an end to that. The older frat guy working the door at Rumors/Mixing/any other place downtown is still going to let in all his underage frat brothers and their friends inside.

What we really need is a graduated drinking license to ensure that our teens and college kids introduction to alcohol isn't chugging large volumes of it at unsupervised parties. Bars can play an important role in that. Let a 17-18 year old drink 1-2 beers or glasses of wine with their dinner. As they show responsibility let them next buy a 6 pack in a store, or order those same couple beers at a bar, and eventually they can earn the right to order stronger drinks and purchase larger quantities if they behave themselves.

-- Posted by Nil on Mon, Oct 15, 2012, at 4:52 PM

why let underage people into the bar in the first place.

-- Posted by bagman75 on Mon, Oct 15, 2012, at 5:06 PM

A frat guy working the door at Rumors and Mixing?? The door guy at Rumors is a 40 yr old male and Im pretty sure Mixing does not have a frat guy working there either.. So please do your homework when calling out these bars.. Now Last Call, Pour House, Slingers and the Library...Thats a dif story. These have a frat guys working there & these are facts however

-- Posted by StevieP on Mon, Oct 15, 2012, at 5:41 PM

chinook, yes one can join the military at 18 but that is not enough reason to let them drink. That said, military bases alow military members to drink beer at the age of 18. So if it is SO important for someone to drink at 18, they can join the army and drink on base between wars.

-- Posted by TheOneDude on Tue, Oct 16, 2012, at 4:31 AM

You know we can sit here and enact ordinances all day long but if you don't have the personel to properly enforce the ordinance why put it on the books. The local Police have other crimes taking place throughout the City they are tied up on, now were going to put this on them to enforce. Like I said previously the current State administration basically got rid of the Liquor Control enforcement Division Agents and this is some of the aftermath taking place of that downsizing.

-- Posted by swampeastmissouri on Tue, Oct 16, 2012, at 8:31 AM

MKA001: 18 year olds are legal adults in every respect except alcohol use - this makes no sense. You are either an adult or not. If you don't think 18 is old enough to drink then raise the age of majority to 21. That would certainly solve the problem of "underage" patrons in establishments that primarily serve alcohol. It is illogical to have it any other way.

-- Posted by chinook on Tue, Oct 16, 2012, at 8:55 AM

Chinook, I'm not even sure an 18 year old has the reasaoning to be able to make an educated decision at the polls. We let 18 year olds into our all - volunteer armed services, but that has nothing to do with voting, drinking, or treating them as adults in our justice system. As for the comment on here about graduated drinking licenses - I skimmed over that, but I'm assuming that was more sarcasm than seriousness. I'm working hard with our legislature to remove the graduated driver's license that starts at 15 because the graduated licenses do not work. The only thing that has a potential to work is a mandatory driver education class taken as a condition of getting a driver license at the age of 18. We most certainly cannot allow the freedom of driving and drinking at the same age.

-- Posted by Beaker on Wed, Oct 17, 2012, at 8:34 AM

For anyone unaware, the owner of Rumors, Ben Burch is a liar! This man had his liquor license taken from him in St.Charles MO for serving minors which is why he fled South. Here he had Margarita Momma's shut down for letting his High School girlfriend and her friends drink! Now mind you Ben is 36! Another piece of information many may be interested in is that in St.Charles county he was arrested for statutory rape (his girlfriend was 16 and he was 30) and also for 3 counts of child pornography found on his one computer!!!! This is all factual and easily verified. Ben, you are a predator of young, impressionable females who takes advantage of girls through alcohol and power.

-- Posted by Bartender24 on Thu, Oct 25, 2012, at 3:08 AM


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