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3 Types of Illegal Alcohol Sales

1. Underage - guests under 21
2. Third Party - guests who are buying for someone underage
3. Visibly 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)
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

What can lower BAC level

Time is the only thing that can lower BAC

4 decision point questions when determining whether or not to serve a guest

1. Do you need to check this person's ID
2. Is the guest buying alcohol for someone who is underage
3. Is the guest showing any signs of intoxication
4. Do you have any doubts about serving this guest alcohol?

Four responses that can apply to any given situation


Intervention Model

Assess, decide, implement


1. Observe guest for behavioral cues
2. Engage your guest in conversation
3. Note how other guests respond to and interact with guest
4. Gather info and impressions of guest

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