3 Types of Illegal Alcohol Sales
1. Underage - guests under 21
2. Third Party - guests who are buying for someone underage
3. Visibly
... [Show More] Intoxicated
2 Kinds of Law Covering Liability for Servers of Alcohol
1. Common Negligence Laws
2. Dram Shop Liability Laws
Common Negligence Laws
1. Not specific to alcohol
2. Can involve illegal alcohol sales
3. Based on Court Cases
4. Sets a standard for what "reasonable person would do"
5. Every jurisdiction
Dram Shop Liability Laws
1. Specific to alcohol sales.
2. Applies to owners of license and their employees.
3. Explain expectations for preventing illegal alcohol sales
4. Set monetary limits for financial judgements in lawsuits
5. Some jurisdictions
local liquor board
government entity that regulates alcohol sales
Reasonable Efforts
Steps to prevent illegal alcohol sales and their consequences
Benefits of Using Reasonable Efforts
1. Protect yourself from penalty and liability
3 Examples of Reasonable Efforts
1. Follow safe serve guidelines
2. Call a cab
3. Suggest food
4. Get trained
5. Check ID
6. Refuse service
7. Call the police
8. Place a sign
9. Suggest non-alcohol drinks
ID's that not acceptable
Expired ID's for when guests look underage
Any sign that the ID has been altered
Three steps for properly checking ID
1. Verify the information
2. Check for alteration
3. Establish ID Ownership
Underage warning behaviors
hesitation -- can ask someone else in the group for the information (first can ask if "you all know each other's names right?)
Ask for a secondary ID
unusual drink order (shot of rum without the coke)
nervous
in the bathroom when everyone making their order
gets upset when asked for ID
Blood Alcohol Content
California .08
Proper Documentation of Reasonable Efforts
Incident Report Log Book
Incident report log book
1. Anytime you cut off a guest
2. Anytime you refuse service to someone who just arrived
3. Any incident that involves the possibility of violence
4. Any time you have to call for assistance
A. Witnesses to the incident
B. Date/Time
C. Name of description of the guest involved
D. Reasonable efforts/intervention strategies
E. Employees and managers there during the incident
F. Description of the incident
7 Key Laws alcohol servers need to know to be successful
1. Age to be able to sell alcohol is 18
2. DUI BAC= .08, CDL= -.04
3. A licensee or employee can seize the identification of someone who is younger than 21 as long as a receipt is given and card is given to local law enforcement within 24 hours
4. California has dram shop laws
5. Hours of sales are 6am - 2am
Four Behavior Cues and their examples
Lowered Inhibitions - very talkative/over friendly
1. Mood swings
2. Over confidence
3. Boisterousness or loudness
4. Risk-taking or out of character displays
Impaired Judgement
1. Foul Language
2. Off color-jokes
3. Annoying other guests
Slower reactions
1. Glassy unfocused eyes
2. Slurred speech
3. Forgetful
4. Slow speech
Loss of coordination
1. Stumble or sway
2. Drop their belongings
3. Have trouble sitting at a stool or a chair
4. Fall asleep at the bar
Six Intoxication Rate Factors (highlight those that will increase risk that person drinking will be intoxicated
1. Size (everything equal, the person who has the most fat would become intoxicated faster)
2. Food
3. Gender
4. Rate of Consumption
5. Strength of a drink
Mixers absorption rate from fastest to slowest
a. Straight Shot
b. Carbonated Mixer
c. Water mixer
d. Juice mixer
6. Drug use [Show Less]