by Nick Delgado

Guam - The recent actions of the Alcohol Beverage Control Board and the Guam Police Department, through Operation Dragon, have come under fire. Attorneys representing a number of bar owners are considering litigation as they feel the board members are exceeding their authority and violating the law.

The concerns have reached the Calvo Administration, which that is now investigating the actions of the board and police.

By definition entrapment means "to trick or deceive into doing something bad". That's exactly how bar owners feel about the actions of the ABC Board and GPD with Operation Dragon. Attorney Randy Cunliffe represents Ralphy's Lounge in East Agana and several other establishments that have serious concerns about the way police and the members of the ABC Board have been conducting Operation Dragon. He said, "The ABC's authority is only limited to certain things and the way they're doing about it is just wrong."

Cunliffe believes those involved with the operation are exceeding their authority and in some cases entrapping businesses. "The manner of the police involvement and the actions of the ABC Board members and going into bars in the manner that they're doing it we believe clearly violates the law. They don't have the authority to do what they're doing," he said.

In the case of his client, Ralphy's Lounge, Cunliffe says a woman and someone purporting to be her daughter entered the establishment on Friday night, shortly before closing time, and showed their IDs to the bouncer. Both went to the bar and ordered a drink and seconds later police rushed in and the ABC Board demanded to see the licenses of everyone in the establishment.

"One of the concerns that he had is because of their actions, everybody left without paying their tabs. So he did lose income. There are others who have been shut down for 48 hours in what we believe is patently illegal actions b members of the ABC Board," he said.

The supposed underage drinker left the bar as did a number of patrons. Cunliffe says the law is clear that ABC members and inspectors can only check alcohol, books and records not demand to check ID cards. He says if the board feels there is a violation, then the inspector of board member must file a sworn report with the administration and identify witnesses.

The administrator, Cunliffe says, has the sole authority to close the establishment for up to 48 hours. "We're getting more statements from other bar owners and employees to see if in fact they are entrapping people by sending in underage people with false IDs," he said.

Police Sergeant Jovito Jasmin, who is in charge of the operation, admits they use undercover police officers who are over 18 but are under the legal drinking age. They present a real ID card, but he says it's up to the establishments to do their part and card everyone who actually buys alcohol. "They supposedly take a look at ID but then they don't look at year and give it back and then alcohol is made for them then from there we go into the bar," he said.

The concerns of bar owners have reached Adelup and the operation is under a process review to ensure everyone is treated fairly and bar owners are afforded due process. Governor's chief of staff Frank Arriola met with those involved this afternoon, saying, "Right now the operation is under process review with GPD and ABC who are going to review what they've been doing for a couple months now."

Arriola says he expects the report by the end of the week. In the meantime ABC Board chair Lucy Perez has not returned multiple calls for comment. We should add that Rev & Tax director John Camacho believes under the law, he is the administrator, who would review reports to determine if an establishment should be shut down and if a hearing is necessary.

Back in January, the police department expected that it would generate more than $50,000 in fines to be paid by violators from Operation Dragon. Each violation comes with a minimum $1,500 fine.

ABC officials could not comment on how much has been collected to date or where those fines go.