6 Cited in Marin Underage Drinking Sting

SAN RAFAEL, CA — A total of six people were cited — two store clerks and four patrons — Saturday when the San Rafael Police Department and agents with the California Department of Alcoholic Beverage Control, or ABC, ran decoy operations in an effort to reduce underage drinking in the area.

The so-called "minor decoy" and "shoulder tap" operations involve people younger than 21 years old working under the direct supervision of a law enforcement agency.

During Saturday's minor decoy operation, the minors attempted to purchase alcohol from 12 retail licensees in San Rafael. Two businesses, Smart & Final on Anderson Drive and El Lucerito on Lincoln Avenue, allegedly sold to the decoys, according to a news release from San Rafael police Sgt. Scott Eberle.

The clerks at the two retail locations, Norma Caldoron, 21, and Marvin Santos Perz, 21, both San Rafael residents, were cited on suspicion of selling alcohol to the minor decoys, the sergeant said.

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Those caught selling alcohol to minors face a minimum fine of $250 and/or 24 to 32 hours of community service for a first violation. In addition, ABC takes administrative action against the alcoholic beverage license of the business, which can include a fine, suspension or permanent revocation.

During Saturday's decoy should tap operation, which targets adults who purchase alcohol for people younger than 21, ABC agents conducted surveillance while minor decoys stood outside liquor and convenience stores. The decoys were told to indicate in some way that they wanted to purchase alcohol but were too young.

Four adults allegedly agreed to purchase alcohol for the minors and were arrested by ABC agents, then issued citations, Eberle said. The minimum penalty for the violation is a fine of $1,000 and 24 hours of community service.

The following four men were cited on suspicion of agreeing to purchase alcohol for a minor:

• Emmanuel Gonzalez Gutierrez, 27, of San Rafael;
• Fernando Tafoya Alvarado, 33, of San Rafael;
• Jaime Ordonez Cruz, 24, of Novato; and
• Jarone Robinson, 25, of San Rafael.

According to the news release:

"ABC is conducting the compliance checks statewide to reduce the availability of alcohol to minors. Statistics have shown that young people under the age of 21 have a higher rate of drunken driving fatalities than the general adult population.
"Minor decoy operations have been conducted by local law enforcement throughout the state since the 1980s. When the program first began, the violation rate of retail establishments selling to minors was as high as 40 to 50 percent. When conducted on a routine basis, the rate has dropped in some cities as low as 10 percent or even below.
"In 1994, the California Supreme Court ruled unanimously that use of underage decoys is a valid tool of law enforcement to ensure that licensees are complying with the law.
"Funding for the San Rafael operations was provided by a grant from the state ABC department through its grant assistance program. ABC is a department of the state's Business, Consumer Services and Housing Agency."

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