Being held responsible fro committing a crime. Servers can be held criminally liable for violating alcohol-service laws. These laws are often created and enforced by states, counties, cities, towns, and villages
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Civil Liability
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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 serving alcohol leads to an injury.
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Dram Shop Laws
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Laws that allow an establishment's owners and employees to be sued by someone injured by a guest who had been drinking alcohol at the establishment.
Alloa a third party to sue as well
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Liquor Authority
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State or municipal agency that enforces alcohol regulations and licensing laws.
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Municipality
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City, Town, County, or Village
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Being liable means that you have legal responsibilities, if you break the liquor laws you could face:
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Law suits, Criminal charges, fines, imprisonment, closure of your establishment
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Criminal liability
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serve alcohol to a minor, serve a guest who is or appears to be intoxicated, possess sell or allow the sale of drugs on the premises
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What are the Alcoholic Beverage Control, or Liquor Control Commission agencies responsible for?
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Enforcing alcohol laws, Issuing and monitoring liquor licenses, Issuing citations for violations, holding hearings for violators of the liquor code
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The liquor authority can issue citations for:
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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,
selling or serving alcohol when it is not permitted.
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Laws restricting alcohol service
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legal age to drink, the legal age to serve alcohol, the legal age to enter an establishment, serving intoxicated guests, serving a pregnant guest, hours of service, happy hours and other drink promotions
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State or municipal liquor authorities can issue citations for:
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serving alcohol to a minor
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Which is a role of the liquor authority?
a) issue liquor licenses
b) initiate law sits against drunk drivers
c)issue citations to minors for presenting fake IDs
d)Initiate criminal charges against establishments who serve minors
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a) issue liquor licenses
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Which is a criminal violation related to the sale and service of alcohol?
a) Serving alcohol to a minor
b) Failing to fill out an incident report
c)Firing a server who over-served a guest
d) Refusing to serve a guest who already appears to be intoxicated
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a) Serving alcohol to a minor
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Which situation best describes dram shop liability?
a) a manager is fined for allowing the sale of drugs on the premises
b) a server is fined by the liquor authority for serving alcohol to a minor
c) a bartender is given jail time for a guest who appears to be intoxicated
d) A person sues the bartender who served the intoxicated guest who injured him
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d) A person sues the bartender who served the intoxicated guest who injured him
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Which is a possible consequence for violating the liquor code?
a)jail time
b)probation
c)misdemeanor
d)liquor-license probation
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d)liquor-license probation
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Blood alcohol content (BAC)
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Amount of alcohol that has been absorbed into the bloodstream. Stated as a percentage
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Small intestine
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Organ from which most alcohol (80%) is absorbed into the bloodstream
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Liver
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Organ responsible for breaking down alcohol in the body. It does this at a rate of one drink per hour
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Tolerance
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Ability to deal with the effects of alcohol without showing signs
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Proof
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Measure of a liquor's strength. The percentage of alcohol in liquor can be determined by dividing its proof in half
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Alcohol's path through the body
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1. mouth (small amount of alcohol is absorbed here)
2. stomach
3. small intestine (80% is absorbed here)
4. throughout the body (travels quickly throughout the body, it will reach the brain in minutes)
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Factors that affects BAC
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Drinking rate and amount consumed
Drink strength
Body size
Body fat
Gender
Age
Emotional state
Medications
Food
Carbonation
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Assessing a guest's level of intoxication
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Observe behavior
Count the number of drinks you serve
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Counting drinks
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Ex: 3 ounces of 80 proof whiskey / 1.5 ounces= 2 drinks
Divide ounces of drink by standard drink
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Standard Drinks
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5 ounces of wine
12 ounces of beer
1.5 ounces of 80 proof liquor
1 ounce of 100-proof liquor
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Calculating BAC
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Count # of drinks, estimate weight, use a chart to determine. *use only as a reference*
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Relaxed inhibitions
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Guests become:
overly friendly, or unfriendly/depressed/quiet
use foul language
become loud
make rude comments
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Impaired judgment
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Guests may:
Complain about drink strength after drinking others of the same strength
Begin drinking faster
Make irrational/argumentative statements
Become careless with money
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Slowed reactions
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Guests may:
Talk or move slowly
Be unable to concentrate,lose their train of thought, or become forgetful
Become drowsy
Become glassy eyed, lose eye contact, or become unable to focus
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Impaired Motor control
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Guests may:
Stagger, stumble, fall down, bump objects, or sway when sitting or standing
Be unable to pick up objects or may drop them
Spill drinks or miss their mouths when drinking
Slur their speech
Having difficulty lighting a cigarette
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How do you prevent guests from becoming intoxicated:
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Offer food, offer water, avoid over pouring when mixing drinks, avoid serving the guest more than one drink at a time.
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A guest has consumed three 12-ounce beers in an hour. How many drinks have built up in the guest's bloodstream?
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2 drinks
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What is the best type of food to help prevent intoxication?
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Fatty foods
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