The Shoulder Tap at the Convenience Store
At 10:15 p.m., a clerk at a 24-hour convenience store rings up a 12-pack of beer for a 24-year-old man. Through the front window, the clerk saw the man get out of a car driven by a 19-year-old. Inside, the younger person walked to the cooler, pointed at the beer, and handed cash to the older man before going back outside. The older man pays with that cash and says, 'It's for me.' The clerk has no evidence the younger person will drink, but the pattern matches a shoulder-tap. The store has a policy of refusing sales when the clerk reasonably believes the alcohol is for a minor. The older man is calm but in a hurry. The clerk must decide whether to complete the sale, what questions to ask, and what to do if the older man insists.
1. Does the clerk have enough information to refuse the sale? Explain the standard.
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The clerk does not need proof that the 19-year-old will drink. The standard is whether the clerk reasonably believes the alcohol is being purchased for a minor. The facts are strong: the two arrived together, the younger person pointed at the beer, handed cash to the older person, and waited outside. That is a common shoulder-tap pattern. Nevada law prohibits selling or furnishing alcohol to a minor, and a sale to an adult who is buying for a minor can violate that prohibition when the seller knows or has reason to know. The clerk should refuse the sale, not just ask the older man to promise it is for himself.
2. What should the clerk say and do at the counter?
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The clerk should stay neutral and factual: 'I can't sell this today. I have reason to believe it's for the person outside.' The clerk should not accuse the customer of a crime or chase him. The clerk can offer to sell only if the older man confirms the younger person is not involved, but given the observed cash handoff, refusal is the safer course. The clerk should notify the manager, note the time and description, and keep the beer. If the older man becomes angry, the clerk should not physically block him; store security or police can be called.
3. What are the legal and business risks if the clerk completes the sale anyway?
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If the clerk completes the sale, the store and clerk face potential criminal or administrative consequences for furnishing alcohol to a minor, and the 19-year-old faces consequences for possession. The store also risks license action and civil exposure if the minor later causes harm. The business risk is real: a single shoulder-tap sale can lead to a compliance check, a fine, or a suspension. The clerk should not rely on the older man's statement that the beer is for him when the observed conduct points the other way.