Store clerk, blinded by tank top, sells beer to minor

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Store clerk, blinded by tank top, sells beer to minor
By The Associated Press


HAUSER, Ore. — Well, she LOOKED 21 anyway, maybe older, and what's more the clerk at the small store in this Coos County town says he was much distracted by what he called the young lady's scanty attire — a tank top.

So distracted, he said, that he didn't see the big red "Minor until 2007" stamped on her driver's license.

She got the six-pack, and store owner David Cardwell got a $1,320 fine. The clerk had to pay $750.

Cardwell is hollering "Entrapment," "Draconian" and more. Rather than pay, he says, he will take the alternative and close the store for a week. He says it doesn't make that much in a week in any case.

His clerk had been stung by an Oregon Liquor Control Commission (OLCC) decoy sent to test for underage sales.

His two clerks will be jobless until Wednesday.

Cardwell is not denying his employee erred, but says it was hardly fair.

"This young woman was dressed in very provocative clothing more suited for the bedroom," Cardwell, who was not there, said in a letter to the OLCC. "I would not allow my daughter to leave the house dressed in such a way."

He says the law should target clerks and servers, not owners.

"We feel we did everything right," Cardwell wrote. "We trained [our clerk] correctly. We tested him correctly."

But Gary Francis, the local OLCC agent who coordinates the stings and hires the decoys, isn't convinced.

"Maybe he should have been looking at her driver's license," Francis said of the clerk. "It was a straight-up deal. By the numbers. No trickery at all."
 

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