The story of a sting - My Web Times

The story of a sting

12/04/2008, 11:22 pm  
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Tammie Sloup, tammies@mywebtimes.com 815-431-4048

To Chuck Bergeron, it's not about intent. It boils down to distraction and carelessness.

Sheridan's police chief is one of few in La Salle County who uses his own officers to conduct alcohol and tobacco compliance checks on the village's businesses.

"I've been doing them since I became chief in 2001," Bergeron said. "I did not start doing them because I was bored; we were continuously getting reports from parents of kids who were getting alcohol and other kids who would tell me that this particular place will serve us ... things like that."

But conducting his own compliance checks in a small town rather than utilizing the Illinois State Police has its disadvantages, and Bergeron said he was warned about the pressures ahead.

"Oh, yes ... I was warned by ISP that I was going to take a lot of heat for this. But that's my job."

FUNDING

State police, who receive federal grants for alcohol compliance checks, also referred to as Alcohol Countermeasure Enforcement patrols, have conducted numerous checks for La Salle County cities, including Ottawa, Streator, Mendota, La Salle, Peru, Earlville and Leland, in the past year, arresting about a dozen clerks.

Bergeron receives state funding for tobacco checks, but dips into his own budget for the alcohol checks. He has the option of requesting state police conduct the compliance checks, but Bergeron would rather handle the checks locally.

"I believe that we're able to do this service. State police are busy enough with state budget cuts ... I believe the local police departments should do as much as they can for their jurisdiction," Bergeron said.

The cost of conducting the compliance checks can vary, with the "minor participants" (the minors recruited to help with the stings) receiving compensation and money needed to purchase the alcohol and tobacco. Bergeron said the participants typically receive about $60 for about 15 minutes of work.

But with only a handful of businesses in such close proximity in Sheridan, and owners and employees who often communicate with each other, sometimes Bergeron will hire two minor participants to send into businesses simultaneously before the news spreads.

HELP WANTED

"I basically prefer, because Sheridan is such a small area, to get a minor in the surrounding area, not necessarily from Sheridan," Bergeron said. "Sometimes they're relatives of other officers, friends of relatives of other police officers, or sometimes it's somebody I have had contact with that I would offer the position to.

"And of course I want to make sure they have a clean record."

The minors selected typically are between the ages of 19 and 20 for the alcohol checks and 16 or 17 for the tobacco checks.

But if you're a teenager going for that Grizzly Adams look, don't be surprised if you're not selected to participate.

"I'm looking for just a normal minor ... I prefer they not have an overabundance of facial hair. I try to make the compliance checks absolutely as fair as it possibly can be," Bergeron said.

THE STING

In training the participant, Bergeron conveys there is to be no deceit.

"We tell them to be specific. They walk in and obtain the alcohol or ask for cigarettes, and they use no deceit whatsoever," Bergeron said. "If the clerk asks for an ID, they produce their real ID, which we inspect and make a copy of. We also take a photograph of the participant before and after, and make sure they don't have any other personal belongings on them ... nothing other than their license and the money we gave them."

When necessary, a plain-clothed officer goes into the business either before or after the participant enters.

"Usually we do that so there's a police officer witness and also for their safety. With some of the businesses, the officer may not enter as long as the participant can be viewed from the street. But in bars, we always send a plain-clothed undercover police officer in the bar."

Yet with a small police department, using an undercover police officer may not be so, well, undercover.

"Sometimes we use officers from other areas or if we have a new officer who's not real familiar in town."

THE BUST

When it comes down to it, Bergeron believes the clerks and bartenders cited in the past made mistakes.

"I think it's carelessness. I don't believe I have ever arrested anybody for intentionally selling to a minor," he said. "I believe they did not read the ID right, but today with the ID's and licenses in Illinois, it's very simple — there's a line that says 'Not 21 until ...' and they're vertical."

When a minor participant leaves a business with either alcohol or tobacco, Bergeron, who is typically just outside in an unmarked vehicle, is disappointed. The failed check means an underage person was able to obtain alcohol or tobacco — a practice Bergeron is trying to prevent in Sheridan.

Once the participant purchases an item, police and the participant re-enter the business and identify the clerk.

"Depending on their record ... if they've ever been cited for selling to a minor before — we'll decide what course of action we take," Bergeron said. If it's not a first offense, the clerk typically is arrested at that time and removed from the business.

"However, I do not want to disrupt the businesses in operation and a lot of times there may be only one clerk working," Bergeron said. "If it's the first offense, it's been my preference to issue a local ordinance complaint and that can even be done at a later time."

After the citation or arrest, a liquor commission hearing is conducted at Village Hall, with the mayor, who is the liquor commissioner, Bergeron and a court reporter. At that time the license holder of the business is allowed to testify. If the owner contests a verdict, the appeal can be taken to the Illinois Liquor Control Commission. Bergeron has not seen an appeal in Sheridan taken that far.

A local ordinance citation can cost $150 to $750 for the person who sells the alcohol or tobacco, as well as the business owner for a first offense; and $350 to $750 for the second offense as well as possible suspension or revocation of the liquor license.

If a criminal offense is filed, the crime is a Class A misdemeanor, punishable by fine, probation or up to a year in jail.

"It's a success to me when no one sells to the minor participant," Bergeron said.

ADULT OFFENDERS

"I'm not ignorant to the fact that there's adults who buy alcohol for kids," Bergeron said. "We've made several arrests on those also ... We use minor participants to get adults to buy for them."

With arrests in these cases, a local ordinance citation is not enough, Bergeron believes. And a criminal arrest is a Class A misdemeanor, punishable by fine, probation or up to a year in jail.

ONGOING CHECKS

Bergeron plans to continue the compliance checks, which business owners should be well aware of and prepared for.

Several clerks and businesses have been cited in the past year.

John Kowalski, owner of John's Corner Tap in Sheridan, takes no issue with the compliance checks.

"I agree with it 100 percent; we shouldn't be serving minors. And we do our best. I wouldn't want anyone serving to my grandchildren, who are teenagers," Kowalski said.

No business in the village has a perfect record as far as the compliance checks, and the last time the Corner Tap was cited, Kowalski said it likely was a matter of the bar being busy and the bartender was rushing. But the citation did prove to be a wake-up call.

"We try and get everybody we don't personally know; it's kind of a local bar. Even if they look old enough, we card them."

Bergeron also has offered free training in reading identification cards, including tips on how to spot fake IDs. A business owner is yet to take him up on the offer.

The Times/Doug Larson

Stacy Blackwell, bartender at John's Corner Tap in Sheridan, checks a patron's ID. Sheridan Police Chief Chuck Bergeron conducts regular alcohol and tobacco compliance checks in the village, and says he believes bartenders and clerks do not intentionally sell alcohol and tobacco to minors, but become careless or confused at reading identification cards. The owner of Corner Tap said he doesn't mind the compliance checks.

The Times/Doug Larson

Sheridan Police Chief Chuck Bergeron started conducting local alcohol compliance checks in 2001 after he was confronted by parents of minors who were obtaining alcohol at local businesses.

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Photos Heading


Photo: Doug Larson
Stacy Blackwell, bartender at John's Corner Tap in Sheridan, checks a patron's ID. Sheridan Police Chief Chuck Bergeron conducts regular alcohol and tobacco compliance checks in the village, and says he believes bartenders and clerks do not intentionally sell alcohol and tobacco to minors, but become careless or confused at reading identification cards. The owner of Corner Tap said he doesn't mind the compliance checks.

Photo: Doug Larson
Sheridan Police Chief Chuck Bergeron started conducting local alcohol compliance checks in 2001 after he was confronted by parents of minors who were obtaining alcohol at local businesses.




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