Alcohol sting nets a repeat offender

With its jungle sound effects, make-believe elephants and gorillas, and fake waterfall, the Rainforest Cafe inside the Burlington Mall evokes an exuberant, kid-friendly atmosphere for parents with young children in tow.

But, recently, the restaurant received notice in a way that clashes with its family image. Twice in the past seven months, Burlington police have cited the restaurant for selling alcohol to minors.

The most recent violation occurred Nov. 21 when an 18-year-old man, carrying no identification and accompanied by a plainclothes Burlington police officer, sat down at a table and ordered a beer, investigators said. A waitress employed by the restaurant served him the drink.

''It was very straightforward," said Burlington Police Chief Francis Hart. ''He ordered a beer and a few minutes later the waitress returned to the table with his drink."

Rainforest Cafe was one of four restaurants cited for serving alcohol to minors on Nov. 21 during a townwide sting by local police. The others were Cheng's Wok on Cambridge Street, Lemon Tree on Middlesex Turnpike, and Uno Chicago Grill on Middlesex Turnpike.

But Rainforest Cafe was the only repeat offender, according to police. Its previous violation occurred April 28. Selectman Albert L. Fay Jr. said he was surprised that the restaurant was cited a second time. ''It's a family place with a gift shop and everything," he said. ''It's not a place you'd expect these violations."

So, while the other restaurants had their liquor licenses suspended for one day, Rainforest Cafe received a three-day suspension. During a hearing before the Board of Selectmen on Dec. 21, Rainforest representatives chose the first three Mondays in January as the days they would not serve alcohol.

Robert Factor, the attorney for the Rainforest Cafe at the hearing, said the employee who served the drink was dismissed.

''This is a serious public-safety issue and it also puts at risk the reputation of our restaurants and its workers," Factor said. ''It's unfortunate that this happened because we respect the requirements of this alcohol license and strive to stay in compliance with the law."

Hart said compliance checks like the one on Nov. 21 have become standard tools in Burlington's get-tough attitude toward businesses that sell alcohol to minors. At one time, the town imposed fines, which started at $1,500 for first-time offenders and escalated to $7,500 for fourth-time violators. But the town abandoned the idea upon learning that the jurisdiction to levy fines belonged to the state Alcoholic Beverages Control Commission.

In the Nov. 21 compliance checks, officers tested 23 establishments, including restaurants and liquor stores.

''We're not picking on the businesses that serve alcohol in town," he said. ''But we want the establishments to be more vigilant. Ask for identification. Be sure the person you're selling to is legal age."

Hart said seven businesses were cited for selling alcohol to minors in January 2004 when the department first began the compliance checks. Six were cited in September of that year and three businesses, including Rainforest Cafe, were cited last April.

Hart said he plans to conduct six compliance checks a year. ''We went from three violations in April to four in November," he said. ''That tells us we need to do them more frequently. Our target is full compliance."

Representatives of businesses cited in Nov. 21 compliance checks acknowledge the lapses on the part of their employees.

Heyward Whetsell, senior vice president for marketing for the Uno chain, said the company requires servers to receive training in serving alcohol. Individual restaurants also hold staff meetings to discuss proper identification procedures. He said the restaurant will start a policy in which patrons who look younger than 40 will be asked to produce identification.

''We certainly take these lapses seriously," Whetsell said. ''We have training and meetings; still mistakes happen. Somebody who is underage doesn't get carded."

Robert Xue, owner of Cheng's Wok, also said his restaurant adheres to alcohol laws. ''Usually we're very good but our waiter made a mistake. We're very sorry."

Representatives of Lemon Tree did not return phone calls.

Town officials are considering another measure to help foster compliance with alcohol laws. Fay said employees of alcohol licensed businesses may be required to receive training from the Serve Safe Alcohol, a certification program recommended by the Massachusetts Restaurant Association.

''Once they complete the program, they'll have to get a laminated identification card from the Police Department," he said. ''If they don't have the card, they can't work serving or selling alcohol.''