Vancouver's Lucky Taco.
Image Credit: INSTAGRAM: luckytacoyvr
August 02, 2023 - 7:00 PM
A BC taqueria has been ordered to close for a day after it sold a bottle of Corona to go without food.
According to a July 24 BC Liquor and Cannabis Regulation Branch decision, Lucky Taco sold the bottle of beer to a liquor inspector without a meal during a "covert" operation.
The decision says in February, the BC liquor inspector headed into the Mexican restaurant and noted a sign on the restaurant's awning that said "cold beer to-go."
The liquor inspector then asked, "Can I just get liquor to-go?"
The cashier replied, "Sure, which one?"
The liquor inspector bought the $7.20 bottle of Corona and then left. There's no mention in the decision of whether the liquor inspector tipped.
Shortly afterwards, another liquor inspector entered the taco restaurant and announced the sting operation, specifying that the restaurant's licence only allowed it to sell alcohol-to-go if food was purchased at the same time.
The decision says the penalty for doing so ranges between $1,000 to $3,000 or being ordered to close for one to three days.
In the decision, Lucky Taco admitted the sale took place but appealed any penalty saying it had done its due diligence and wasn't liable for the contravention of its liquor licence.
The restaurant argued it had fully trained staff not to sell alcohol to go with food and routinely kept staff up to date on the correct procedures.
READ MORE: B.C. cafe shuttered after selling can of beer without food
The Vancouver food joint said the fridge that was used for alcohol to-go had a sign that stated:
"ATTENTION! ALL OFFSALES MUST BE SOLD WITH FOOD" and then in smaller type below 'Tortilla chips are available for purchase.'"
The licensee argued the cashier who sold the bottle of Corona took the beer from the wrong fridge and if she had taken the fridge from the take-out fridge she would have seen the sign.
In its defence, Lucky Taco presented a wealth of training materials it gives to staff, including a PowerPoint presentation, and the quizzes it gives its staff members.
A bartender testified that management put on regular staff meetings about policies and procedures and as most of the restaurant's clientele are between 20 and 30 years old staff are constantly being reminded about not selling alcohol to minors.
The restaurant argued it was in compliance, "but mistakes happen."
However, the Liquor Branch didn't buy it.
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The Liquor Branch pointed out that the PowerPoint presentation goes into detail as to how to deal with an intoxicated person, there's no mention that it can't sell to-go alcohol without food.
"If the Licensee elects to sell liquor to-go, it must ensure that all of its staff are well trained in and well aware of the condition of the customer having to purchase a meal to-go with a purchase of liquor to-go, and this condition should constantly be reinforced in ongoing staff training," the decision reads.
Liquor and Cannabis Regulation Branch Delegate John Rogers said while Lucky Taco had good training systems for most of its policies and procedures it had not put in place adequate training of the sale of liquor to-go.
"Therefore, the defence of due diligence does not apply," Branch Delegate Rogers said in the decision.
Ultimately, Lucky Taco chose a closure instead of a fine and was ordered to close on Aug. 23.
There is no mention in the decision about what happened to the bottle of Corona the liquor inspector purchased.
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