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CUW Program Frequently Asked Questions

Q	What is the Cooperating Underage Witness Program?
A	The Cooperating Underage Witness Program or "CUW Program" was given this name because the underage individuals participating in the program are Cooperating with the Division of Alcohol and Tobacco Enforcement to ensure that retailers who sell alcoholic beverages and tobacco products are in compliance with state laws that prohibit the sale of these products to underage persons. Tobacco CUW's are under the age of 18 making them Underage for purchase of tobacco products. Alcohol CUW's are under the age of 21, making them Underage for purchase of alcoholic beverages. CUW's can be summonsed to appear as a Witness for the Division if a case is scheduled for a hearing in a court or other proceeding. The goal of the CUW program is compliance. While some arrests may be made as a result of conducting compliance checks, Delaware's goal is to have all of its retailers who sell alcoholic beverages and tobacco products comply with state law. If retailers would simply ask for identification and not sell alcoholic beverages and tobacco products to those who cannot verify that they are of legal age, they would be protected from most of their liability and the number of youth that illegally use alcoholic beverages and tobacco products would be dramatically reduced.
Q	What will an underage person actually do while working as a CUW?
A	Shortly after completion of a pre-employment training session (only for tobacco CUW's, not for alcohol CUW's), an agent from the Division of Alcohol and Tobacco Enforcement will contact you. The agent will advise you of a particular date and time when they will be conducting compliance checks. The agent will ask if the CUW is available to work on a specific day. If the CUW is available to work, an agent will pick up the CUW at a pre-arranged location that has been agreed to in advance. Prior to the start of an operation, the CUW will be briefed by the agent on the specific requirements that all CUW's must adhere to while they are conducting compliance checks. Upon arrival at the pre-selected location, the CUW will enter into the establishment. The agent will then position themselves where they are able to view and observe the CUW, as well as the store clerk. The CUW will then approach the store clerk and attempt to purchase tobacco products if they are working as a tobacco CUW, or alcoholic beverages if they are working as an alcohol CUW. If the store clerk asks the CUW for identification and they have identification in their possession, they will produce it for the store clerk. If asked their age by the store clerk, the CUW will be required to state their real age. At no time will a CUW be allowed to lie, mislead, or deceive any store clerk or other store employees. At this point, the store clerk will either complete the sale, or deny the sale of the tobacco product or alcoholic beverage to the CUW. After the interaction between the store clerk and the CUW has been completed, the agent and the CUW will immediately exit the area. The CUW will then be secured in the agent's vehicle. The agent will then make contact with the store clerk and either reward the store clerk for compliance, or issue a criminal summons if a sale was made. The agent and the CUW will then complete a short report about the incident. This is to ensure that both the agent and the CUW agree to the facts and circumstances surrounding the incident. If a sale was made, the agent will also take custody of any evidence. The agent and the CUW will then proceed to the next pre-selected location and repeat the process until all of the locations have been checked. At the conclusion of the operation, the CUW will be returned to pre-arranged location which has been agreed to in advance and the operation will end. If the CUW is needed as a witness in court or other administrative proceeding at a later date, the agent will notify the CUW of the date and time that they are needed to testify. The agent will pick up the CUW from a pre-arranged location and return the CUW to a pre-arranged location after the proceeding has concluded.
Q	Tell me about the safety of CUW's while they are working?
A	The safety of all CUW's is the Division's number one priority. At no time will an agent knowingly allow any CUW to become involved in a situation that places the CUW in jeopardy. If a situation should arise, agents will take immediate custody of the CUW and remove the CUW from the area. Agents are certified police officers and are trained to take the appropriate police action if required. The Division cannot predict every situation that may arise. While the Division takes reasonable steps to ensure the safety of all CUW's, there is always the potential for an unforseen situation to occur. In addition to taking reasonable steps to ensure that a CUW is not knowingly placed into a situation that could result in injury, tobacco CUW's are insured by the state against any unforeseen incidents that may occur while they are participating in the tobacco CUW program. Alcohol CUW's are NOT covered by insurance while they are working, since they are not paid for their service. However, the Division will take reasonable steps to ensure the safety of all alcohol CUW's.
Q	Tell me about insurance coverage for an underage person while they are working as a CUW?
A	Since alcohol CUW's are not paid for their service, they do NOT receive any form of payment, insurance coverage, or compensation, while working as an alcohol CUW. Only tobacco CUW's receive the insurance benefits stated below: 1. The tobacco CUW, while traveling in a State of Delaware vehicle, will be covered by the State of Delaware's Auto Collision Coverage. 2. The tobacco CUW, during the hours that they are actually working under the tobacco CUW program, will be covered under the State of Delaware's Workers Compensation Coverage. Absolutely no coverage is provided for a tobacco CUW before or after the actual hours that they are working under the tobacco CUW program. The two types of coverage listed in (1) and (2), is the only coverage that will be provided to a tobacco CUW.
Q	Does a person have to pay taxes while working as a CUW?
A	Alcohol CUW's are not required to pay taxes, since they are not paid for their service. Tobacco CUW's may be required to pay taxes, since they are paid for their service. Tax information for tobacco CUW's: 1. While the State of Delaware will not withhold state or federal taxes, your child may be required by law to file a tax return as a result of their working as a tobacco CUW. We are not tax specialists and cannot provide you with the information that you may need. We strongly urge you to contact your tax consultant, or the proper federal, state or local agency to determine any tax liabilities that may exist. Nothing said or implied to any tobacco CUW or the parent(s) of a tobacco CUW by any member of the Division, or associated official, can release a tobacco CUW or the parent(s) of a tobacco CUW, from liability for the payment of taxes to the State of Delaware, Internal Revenue Service, or any political subdivision. The reporting and payment of any taxes is the sole responsibility of the tobacco CUW and their parent(s). 2. The City of Wilmington requires that any person working within the City of Wilmington and making more than a total of $80.00 in a tax year, pay City of Wilmington Wage Tax. The current city wage tax percentage is set by the City of Wilmington. Any City of Wilmington wage tax will be deducted from the tobacco CUW's paycheck, if required.
Q	What documents will a person need to participate in the CUW program and what are the requirements for tobacco and alcohol CUW's?
A	Tobacco CUW requirements: 1. All tobacco CUW's shall be 15 to 17 years of age. 2. A person younger than 15 years of age, or a person who has reached their 18th birthday, may not participate in the tobacco CUW program. 3. All tobacco CUW's must provide a copy of their Original Birth Certificate. 4. All tobacco CUW's must provide a copy of their Social Security Card. 5. All tobacco CUW's must obtain a work permit from the Department of Labor. 6. All tobacco CUW's must obtain a state issued identification card or driver's license from the Division of Motor Vehicles. (This requirement may be waived with permission from the Division Director.) 7. The following items must be signed and returned to the Division by all tobacco CUW's and their parent(s): a. Compliance Check ID Form b. Parental Permission & Youth Agreement Form c. Tobacco Compliance Check Availability Form d. CUW Program Release Form 8. All tobacco CUW's must submit to being photographed on a monthly basis for record keeping requirements of the program. 9. All tobacco CUW's will be required to adhere to all Division tobacco CUW policies during the operation. All tobacco CUW's will be briefed on these policies by an Agent, prior to the start of a tobacco CUW operation. 10. All tobacco CUW's must appear by a reasonable person's standard to be under 18 years of age. Males may not have facial hair, females may not wear excessive amounts of make-up. Alcohol CUW requirements: 1. All alcohol CUW's shall be 16 to 20 years of age. 2. A person younger than 16 years of age, or a person who has reached their 21st birthday, may not participate in the alcohol CUW program. 3. All alcohol CUW's are NOT required to obtain any documents stated in # 3, # 4, # 5 or # 7 of the tobacco CUW requirements section. However, all alcohol CUW's must have either a valid driver's license or valid state issued ID (from any state), valid passport or valid military ID. 4. All alcohol CUW's must agree to be photographed and to sign the alcohol CUW program release form. 5. All alcohol CUW's will be required to adhere to all Division alcohol CUW policies during the operation. All alcohol CUW's will be briefed on these policies by an Agent, prior to the start of an alcohol CUW operation. 6. All alcohol CUW's must appear by a reasonable person's standard to be under 21 years of age. Males may not have facial hair, females may not wear excessive amounts of make-up.
Q	Where can I obtain the required forms to become a tobacco CUW?
A	A person is NOT required to obtain any forms to become an alcohol CUW. Only tobacco CUW's are required to obtain forms. The required forms to become a tobacco CUW are available at local Delaware high school and middle school offices. Forms may also be obtained from: Delaware Department of Labor Division of Industrial Affairs Labor Law Enforcement Section 4425 North Market Street Wilmington, DE 19801 Telephone Number: (302) 761-8200 OR Division of Alcohol and Tobacco Enforcement Attn: Tobacco Program Coordinator Carvel State Office Building, 3rd floor 820 North French Street Wilmington, DE 19801 Telephone Number: (302) 577-5210
Q	What do I need to know about CUW hours and payments?
A	Since alcohol CUW's are not paid for their service, they do NOT receive any form of payment, insurance coverage, or compensation, while working as an alcohol CUW. Only tobacco CUW's receive payment for their service. While actual working hours may vary, it is our intention to operate the CUW program under the following guidelines: 1. The CUW will generally be asked to work either a four (4) or eight (8) hour block of time. While the blocks of time may be changed, they will not exceed eight hours (8) in any given day. 2. Tobacco CUW's will be paid a wage of $10.00 per hour. 3. Tobacco CUW's will receive a State of Delaware check as payment. 4. Tobacco CUW's will be paid in the following manner: - Payment for any tobacco compliance checks performed during the first two weeks of the month will be sent out the last Friday of the month. - Payment for any tobacco compliance checks performed from the middle to the end of the month will be sent out the second Friday of the month.