criminal liability
being held responsible for committing a crime. servers can be held criminally liable for violating alcohol-service laws. these laws
... [Show More] are often created and enforced by states, counties, cities, towns, and villages.
civil liability
being held responsible for payment of damages for injuring a person. servers can be sued and forced to pay damages if their actions or lack of care while service alcohol leads to an injury.
dram shop laws
laws that allow establishment's owners and employees to be sued by someone injured by a guest who had been drinking alcohol at the establishment
liquor authority
state or municipal agency that enforces alcohol regulations and licensing laws
municipality
city, town, county, or village
law suits, criminal charges, fines, imprisonment, closure of your establishment
as a member of the service staff, you must understand your liability regarding alcohol service. being liable means you have legal responsibilities. if you break liquor laws, you could face (these 5 things).
serve alcohol to a minor, serve a guest who is or appears to be intoxicated, and possess, sell, or allow the sale of drugs on the premises.
as a seller or server of alcohol, you may face criminal charges if you break state, county, or municipal alcohol laws. most states may hold you criminally liable if you (3 things)
allow a third party--who may not have been in the establishment--to sue for injuries caused by a guest who was drinking there, allow third parties to sue the business, the business owner(s), and the employees, and provide "caps" (or limits) on money damages that can be awarded to third parties. these caps vary by state.
many states have passed dram shop laws. these laws create a special kind of civil liability for establishments and their employees. dram shop laws: (3 things)
enforcing alcohol laws, issuing and monitoring liquor licenses, issuing citations for violations, holding hearings for violators of the liquor code
agencies like ABC or LCC are responsible for (four things)
selling liquor to a minor, failing to check the ID of a guest who appears to be underage, allowing a minor to enter the establishment with a fake ID, serving a guest who is or appears to be intoxicated, discriminating against guests due to race, gender, age, or sexual orientation, and selling or serving alcohol when it is not permitted
the liquor authority can issue citations for (6 things)
21 to purchase alcohol in all 50 states
legal age to drink
bring alcohol to the table but not to pour it, take the order and payment for the drink, but not to serve the order, and serve alcohol if they have applied for permission from the liquor authority
some states allow underage servers to (3 things)
21
in kansas, you must be __ to drink alcohol
18
in kansas, you must be __ to serve alcohol
two or more drinks at a time, an unlimited number of drinks for a fixed price, reduced-priced drinks for a specific period of time, drinks containing additional alcohol without an increase in price, and drinks as a prize for a game or a contest conducted at the establishment
some states and counties and municipalities restrict or forbid "happy hours" and other drink promotions. these laws may prohibit serving a guest (5 things)
true
t/f you may be charged with a crime simply for serving a guest who appears to be intoxicated
false
t/f it is illegal to serve alcohol to a pregnant woman
false
t/f dram shop laws protect the server from being sued in the event that an intoxicated guest injures another individual
true
t/f the state liquor authority can suspend an establishment's liquor license for allowing a minor to enter the establishment with a fake ID
true
t/f all guests must be 21-years-old to purchase alcohol
false (body fat does not absorb alcohol. this forces it to remain in the bloodstream until broken down by the liver. alcohol can pass through muscle in a lean person and spread throughout the body
t/f drink for drink, a lean guest will have a higher BAC than a guest with a large amount of body fat.
false
t/f a 12-ounce beer contains less alcohol than 1 1/2 ounces of 80 proof vodka
false (one drink per hour)
t/f the liver can break down alcohol at the rate of two drinks per hour
false
t/f carbohydrates are the best type of food to serve with alcohol to help prevent intoxication
true
t/f a guest who switches to larger or stronger drinks may be intoxicated
blood alcohol content (BAC)
amount of alcohol that has been absorbed into the bloodsteam. it is stated as a percentage
small intestine
organ from which most alcohol is absorbed into the bloodstream
liver
organ responsible for breaking down alcohol in the body. it does this at a rate of one drink per hour.
tolerance
ability to deal with the effects of alcohol without showing signs
proof
measure of a liquors strength. the percentage of alcohol in liquor can be determined by dividing its proof in half
how alcohol moves through the body, how alcohol is eliminated from the body, and factors that affect alcohol's concentrate in the bloodstream
to help prevent your guests from becoming intoxicated, you need to know (3 things)
mouth, stomach, small intestine, throughout the body
alcohol's path through the body
a small amount of alcohol is absorbed into the bloodstream from here
what happens in the mouth when drinking alcohol
some alcohol is absorbed into the bloodstream through the stomach wall
what happens in the stomach when drinking alcohol
most of the alcohol is absorbed into the bloodstream from here
what happens in the small intestine when drinking alcohol
once in the bloodstream, alcohol travels quickly throughout the body. it will reach the brain in minutes
what happens throughout the body when drinking alcohol
.08
Driving with a BAC of __ or higher is against the law in all 50 states.
.30
a BAC of __ or higher can lead to coma or death
one
the liver can only remove alcohol from the body at the rate of __ drink per hour. drinking more than this will result in a build-up in the bloodstream. this will raise BAC.
true
t/f the more alcohol a drink contains, the more than will end up in the bloodstream. this will raise BAC
true, because small people have less blood in their bodies to dilute alcohol
t/f a small person will have a higher BAC than a large person, all other factors being the same.
true
t/f a woman will have a higher BAC than a man, all other factors being the same
have a higher percentage of body fat, have a smaller amount of a stomach enzyme that helps break down alcohol, and are typically smaller than men, and so have less blood in their bodies
why do women have a higher BAC than men, all other factors being the same?
body fat typically increases with age and enzyme action tends to slow as a person gets older
how does age effect BAC
true
t/f a senior citizen will have a higher BAC than a younger guest, all other factors being the same
true
an emotional guest will have a higher BAC than a guest who is calm, all other factors being the same
when a person gets stressed, angry, or afraid, the body diverts blood to the muscles and away from the stomach and small intestine and this reduced blood flow shows the absorption of alcohol into the bloodstream
how does the emotional state of a guest effect their BAC
true
t/f guests who drink alcohol while taking medications or using illegal drugs can intensify the effects of alcohol or experience dangerous interactions
true
t/f a guest who has not eaten will have a higher BAC than a guest who has eaten, all other factors being the same
food keeps alcohol in the stomach for a longer period of time, this slows the rate at which it reaches the small intestine and take special care if you know a guest is dieting, alcohol may pass more quickly from the stomach to the small intestine
how does food effect the BAC of a guest?
false, carbonation may speed the rate at which alcohol passes through the stomach. this causes a person to reach a higher BAC at a faster rate
t/f a guest who is drinking a carbonated drink will have a lower BAC than a guest who's drink is not carbonated, all other factors being the same
count the number of drinks you serve and observe behavior
two ways to prevent overservice
50% alcohol (100/2=50)
alcohol content of 100-proof whiskey
40% alcohol (80/2=40)
alcohol content of 80-proof vodka
5 ounces of wine, 12 ounces of beer, 1.5 ounces of 80-proof liquor, 1 ounce of 100-proof liquor
what constitutes to one drink for wine, beer, 80-proof and 100-proof liquors?
true
t/f some beverages contain more alcohol than the standard drinks shown on the previous page. to count these beverages correctly, you need to figure out the actual number of drinks in them. to do this, divide the liquor in this beverage by the standard amount of that liquor found in one drink
2 drinks (3/1.5=2)
how many drinks is 3 ounces of 80-proof liquor
2 drinks (24/12=2)
how many drinks is 24 ounces of beer?
true
t/f mixed drinks may contain multiple liquors. counting these drinks can be challenging, especially if the liquors have different proofs. it is always better to round up when counting drinks. dont worry too much about the math. most establishments will make these calculations for you.
count the number of drinks the guest was served, estimate his or her approximate weight, and use the chart on (the next page) to calculate his or her BAC
how to estimate a guest's BAC by following these steps (3 things)
prior drinking, physical condition and emotional state, and consumption of food or medication
a guest's actual BAC may be higher or lower, because the chart cannot account for other factors that might affect the guest, such as (3 things)
5 drinks (50/12=5)
number of drinks in a 60-ounce pitcher of beer
2 drinks (3/1.5=2)
number of drinks in 3 ounces of 80-proof vodka on the rocks
2 drinks (2/1=2)
number of drinks in 2 ounces of 100-proof whiskey
3 drinks (15/5=3)
number of drinks in 15-ounce carafe of wine
2 drinks (12/12=1 + 1/1=1)
number of drinks in 12-ounce beer and a shot of 100-proof whiskey
.101
BAC of a 160-pound man who drank five 12-ounce beers in one hour
.119
BAC of 100-pound woman who drank three 5-ounce glasses of wine in one hour [Show Less]