Viva Mexican Grill Fails Alcohol Compliance Check

Eleven of the 12 Wayland businesses passed without incident when Wayland Police conducted undercover liquor compliance checks on April 19.

, however, sold alcohol to two 19-year-old youths and, therefore, will be referred to the Wayland Board of Selectmen for a Liquor Violation hearing.

According to Det. Sgt. Jamie Berger, Wayland Police conduct two liquor compliance and two cigarette compliance checks each year. In both cases, they recruit a couple of underage youths and send them into various establishments with instructions to purchase the items being “checked.” The youths pay for their purchases and leave, moving on to the next establishment to be tested that day.

Berger said the violation at Viva is the first the department has seen in one or two years, the last being at the now-closed VFW where an underage girl was served alcohol.

“The owner [at Viva] was upset,” Berger said, explaining that he informs the owner of the compliance violation at some point during the round of investigations. If he were to inform the owner immediately upon violation, Berger said it could spread throughout town that the police are conducting compliance checks and jeopardize the integrity of those still on the list to be checked.

The police do not place punitive requirements on establishments that fail compliance checks. Instead, the establishment appears before Wayland’s Board of Selectmen, which issues liquor licenses in Wayland, and who determines the penalty for non-compliance.

In the case of Viva, the bartender who served the 19-year-olds was not TIPS (Training for Intervention Procedures) certified. According to the TIPS website, Massachusetts as a state does not regulate training for serving alcohol, though the Town of Wayland does require training, such as TIPS, for servers.

“We’re just looking for compliance,” Berger said. “We aren’t looking to trick anyone. Anyone should be carded if they look younger. If you card everyone, you don’t run into [compliance] issues.”