Bill would change alcohol compliance check requirements

Minors involved in alcohol compliance checks would be prohibited from lying about their age or consuming alcohol under a bill given first-round approval Jan. 24.

Under LB60, introduced by Omaha Sen. Bob Krist, law enforcement officers also would be prohibited from consuming alcohol during a compliance check.

Krist said the bill would prevent law enforcement from engaging in “sting operations” by encouraging minors to lie about their age or consume alcohol during compliance checks of liquor license holders.

“If an underage person is used in a compliance check, we shouldn’t be encouraging them to be anything less than truthful,” he said.

Lincoln Sen. Colby Coash opposed the bill, saying compliance checks work because they encourage employees to ask patrons for identification to prove they are of legal age to purchase alcohol. LB60 would remove the incentive to ask for ID, he said.

“[An employee] can just ask them if they’re working for law enforcement and they have to say yes,” he said. “Compliance check over.”

Bellevue Sen. Abbie Cornett offered a motion to return LB60 to the General Affairs Committee for further consideration, saying passage would increase underage drinking in the state.

Minors who work with law enforcement in compliance check operations cannot present false identification, Cornett said, but they may verbally lie about their age. Removing their ability to do so would “essentially shut down” compliance checks, she said.

Cornett said that when formerly employed as a bar manager, she always asked for identification because she was on alert for compliance checks.

“I was never cited for serving a minor,” Cornett said. “It’s very simple: you ask for identification.”

Hoskins Sen. Dave Bloomfield opposed the motion to return LB60 to committee. Doing so would not change the committee’s position on the bill, he said, which was advanced to general file on a 6-2 vote.

The motion failed on a 20-24 vote.

Krist offered an amendment, adopted 35-2, which would specify that the primary source for age verification during a compliance check would be a government-issued identification as outlined elsewhere in state law. Those forms of identification include a state ID, driver’s license, military ID, alien ID card or a passport.

Krist said the amendment would help ensure that compliance checks are conducted properly.

Senators advanced LB60 to select file on a 25-17 vote.