Questions and Answers
As a seller or server, you must understand _____ regarding alcohol service.
What does criminal liability refer to?
being held responsible for committing a crime
What is civil liability?
being held responsible for payment of damages for injuring a person
What does dram shop law allow?
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During a lawsuit, the court will determine if you _____ guests' intoxication.
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What is the role of liquor authority?
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Liquor authority can issue citations for which of the following?
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You can deny pregnant guests alcohol.
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What might most strictly follow the hours of service?
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What are the signs of intoxication?
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Alcohol tolerance refers to what?
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What should staff do regarding intoxication?
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What should you do when checking ID?
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It's illegal to allow people in an establishment to: _____
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What should you do when stopping alcohol service?
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Study Notes
Alcohol Service Responsibilities
- Sellers/servers must understand legal liability regarding alcohol service.
- Importance of balancing guest satisfaction with legal responsibilities for serving alcohol.
- Serving alcohol responsibly is both a legal obligation and a moral duty.
Liability Types
- Criminal liability: Responsibility for criminal acts, such as serving minors or intoxicated guests, which can lead to criminal charges.
- Civil liability: Financial responsibility for damages resulting from injuries due to negligence or inaction.
Dram Shop Law
- Allows third parties to sue businesses and their employees for injuries caused by intoxicated guests.
Court Evaluation
- Courts assess whether the server contributed to guest intoxication and whether policies protected guests from overconsumption.
Role of Liquor Authority
- Enforces alcohol regulations, issues and monitors liquor licenses, and handles violations through citations and hearings.
Reasons for Citations
- Selling alcohol to minors, failing to check ID, serving intoxicated guests, and allowing illegal activities within the establishment can result in citations.
Alcohol and Pregnancy
- Pregnant guests cannot be denied service, but establishments should post warnings about alcohol's effects on fetuses.
Service Hours
- Hours of alcohol service are regulated and should be strictly followed as per the liquor license.
Promotions and Happy Hours
- States may restrict excessive serving practices, like two drinks at once and unlimited drinks for fixed prices.
Alcohol Absorption and Effects
- Alcohol travels through the body: 10% from the mouth, 20% from the stomach, 80% from the small intestine.
- Blood Alcohol Content (BAC): Measures alcohol in the bloodstream; a level of .30 or higher can cause coma or death, while .08 is the legal limit for driving.
Alcohol Clearance
- Time is the only compensatory factor for significant alcohol removal from the body.
- The liver metabolizes alcohol at a rate of one standard drink per hour.
Factors Influencing BAC
- Drink strength, body fat, gender, age, emotional state, food intake, carbonation, and medication can affect BAC levels.
Tracking Intoxication
- Counting drinks and observing guest behavior are effective methods for monitoring levels of intoxication.
Standard Drink Measurements
- A standard drink is defined as 5 ounces of wine, 12 ounces of beer, 1.5 ounces of 80-proof liquor, or 1 ounce of 100-proof liquor.
Drink Counting Techniques
- Understand liquor strength by dividing proof by two and calculate multiple drinks in larger servings.
Estimating BAC
- Estimate a guest's BAC through drinks served and body weight with the help of BAC charts.
Monitoring Signs of Intoxication
- Signs include relaxed inhibitions, impaired judgment, slow reactions, and compromised motor coordination.
Alcohol Tolerance
- Regular drinkers may have a higher tolerance, leading to falsely perceived sobriety despite high BAC levels.
Staff Responsibilities
- All staff should actively monitor for signs of intoxication and communicate concerns to management.
Identifying Problematic Behavior
- Valets and busboys should watch for erratic driving and increased loudness, among other behaviors.
Accepted ID Forms
- Valid forms of ID include driver's licenses, military IDs, passports, and state-issued IDs.
ID Verification
- Assess the validity of IDs, ensuring they are not issued to minors and checking expiration dates, signatures, and photos.
Characteristics of IDs
- Minors' IDs typically feature vertical design and specific markings, while real IDs include security features like holograms and barcodes.
Procedure for Checking IDs
- Approach calmly, verify the ID's authenticity, and address any inconsistencies in signatures or details.
Refusal of Service
- If refusal is necessary, communicate that legal obligations prevent serving without valid ID or if the guest appears intoxicated.
Stopping Alcohol Service
- Be firm in halting service when signs of intoxication are present; offer non-alcoholic alternatives to maintain guest comfort.
Designated Driver Policies
- Ensure designated drivers are not over-served to maintain safety regardless of the driver's status.
Handling Intoxicated Guests
- Politely refuse service, seek alternative transportation when necessary, and avoid serving intoxicated individuals.
Managing Violent Situations
- Early involvement of management and possible police notification are crucial steps when threats arise.
Addressing Illegal Activities
- Prompt communication with management and law enforcement is essential for handling any illegal activities on the premises.
Incident Reporting
- Documentation is required for any situation involving the stopping of alcohol service, transportation arrangements, ID confiscation, or violent incidents.
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Description
Test your knowledge of the responsibilities and liabilities involved in alcohol service. This quiz covers legal obligations, types of liabilities, and the implications of the Dram Shop Law. Understand the balance between guest satisfaction and legal responsibility in serving alcohol.
