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Restaurant sued over alcohol sales to minors

2012-11-01 14:39 Global Times     Web Editor: Zang Kejia comment

A father, whose teenage son is in a coma after being injured in a fight when alcohol was illegally served to minors in a Fangshan district restaurant, has filed suit against the restaurant's manager.

This is the first time such a case has been brought against an alcohol vendor in the district since a 2006 national ban on selling alcohol to minors. 

The plaintiff's son, surnamed Han, a high school student, has been in a coma since a schoolmate, surnamed Ding, invited him to the restaurant on February 25, the Beijing Youth Daily reported Wednesday.

During the meal, Liu and Han quarreled and Liu, who was drunk, struck Han on the head with a beer bottle, resulting in a severe brain injury.

The father asked the manager, surnamed Wei, and four others for 130,000 yuan ($20,839) compensation at Fangshan district court Tuesday.

Wei Wei, a Fangshan court media officer, told the Global Times that Liu was sentenced to eight years in prison in August for intentional injury.

The plaintiff said the manager violated the Alcohol Circulation Management Regulations (ACMR) on sales of alcohol and beer to minors, said Wei.

The ACMR, enacted by the Ministry of Commerce, came into force on January 1, 2006, and forbids vendors to sell alcohol to minors under 18. Stores must post obvious warning signs, and violators face fines of up to 2,000 yuan, according to the ministry's website.

Vendors should also ask for proof of age if they are unsure how old a young person is, the Xinhua News Agency reported.

The Global Times found that many alcohol vendors are still willing to sell to minors.

One alcohol store in Chaoyang district did not have any signs, and the manager agreed a minor could buy alcohol.

At the alcohol counter in Wanhui Supermarket on the same street, a notice on the counter said "No tobacco and alcohol to minors," but the clerk agreed to sell some to the reporter, who claimed to be 17, as it was for her parents.

Wan Daqiang, from Beijing Shangquan Law Firm, who specializes in minor protection-related cases, said that if a minor buys alcohol and then causes trouble after getting drunk, the vendor could bear civil liability. 

"Commerce authorities have neglected their responsibilities regarding the ACMR, and alcohol vendors are only pursuing profits. This is why it's been ineffective," Wan noted.

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