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ALCOHOL SERVER RESPONSIBILITY
*Provided by the Law Offices of David M. Manilla, Esquire - (610)
584-0364
The reputation of a licensed alcohol-serving establishment
relies heavily on the people who deal directly with the customers;
the servers. Servers can most closely monitor an individual's amount
and rate of consumption. Therefore, as the alcohol server, you are
the key to the prevention of excessive alcohol consumption.
The Pennsylvania Liquor Code makes it illegal for
a licensee, employee, or any other person to serve or sell alcoholic
beverages to visibly intoxicated persons. The licensee and/or server
may be held administratively and criminally liable and may
face fines of up to $5,000.00. The licensee and/or server may also
be held responsible under Pennsylvania's Dram Shop Laws. These laws
hold licensees and their employees liable to a visibly intoxicated
person who then causes death, injury or property damage. Dram Shop
cases have resulted in verdicts rewarding substantial amounts of
money to those parties.
RECOGNIZING INTOXICATION
"Visible intoxication" is a level of impairment
that any person can observe. While servers of alcohol are not expected
to know the consumer's Blood Alcohol Content (BAC), they are required
to recognize the behavioral warning signs of impairment. Servers
must observe and talk with their customers to determine whether
they are visibly intoxicated. Servers should always be observant
of changes in behavior. As soon as visible intoxication is determined,
service of alcoholic beverages should be stopped immediately. At
this time you may wish to complete and file an Incident Documentation
Form.
Visible intoxication can occur at a high or low SAC
level, depending on a person's tolerance to alcohol. A person with
a high tolerance to alcohol may exceed the legal BAC driving limit
(.08 in Pennsylvania) before showing behavioral warning signs of
visible intoxication, such as:
• LOUD SPEECH
• BOASTING
• DRINKING ALONE
• DRINKING TOO FAST
• ORDERING DOUBLES
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• BUYING ROUNDS
• CRUDE BEHAVIOR
• SLURRED SPEECH
• STUMBLING
• FALLING ASLEEP |
These are just a few of the many signs a person may show when becoming
intoxicated. These signs, appearing independently, can often indicate
the beginning stages of intoxication while a combination of signs
is generally a fair indication of visible intoxication.
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PREVENTING INTOXICATION
You can minimize a customer's chance of becoming intoxicated
by following some basic rules:
- Size up your customer. What is his/her build (large, medium
or small?) Is your customer male or female? Is he/she relaxed,
tired, excited or feeling ill?
- Ask subtle questions to promote conversation.
- Measure and monitor the strength of the drinks.
- Monitor the rate of consumption.
- Have food available, either free or from a menu
- Never serve a co-worker's customer without first checking how
much alcohol they've already consumed.
- Remove the empty glass/bottle from the previous drink before
serving another.
- Slow down service when the customer is drinking or ordering
rapidly.
- A sound house rule is that "last call" means "last
drink". Serve only one drink. Do not stack drinks.
- Closely monitor customers who are celebrating their 21St birthday.
- Make a limit on the number of shots permitted to one customer.
SLOWING DOWN SERVICE
It is important to identify the onset of intoxication
before it develops into a problem situation. It is easier to slow
down service during the early stages of consumption than to stop
service when a customer has become visibly intoxicated.
Service should be slowed down without the customer
becoming aware of it. Success in handling a customer depends largely
on maintaining a friendly demeanor and paying attention to the customer's
needs. Slowing down service "buys time." Only time will
sober up your customer.
Even with the best intentions and most responsible
serving procedures, you may still encounter a customer who shows
behavioral signs which indicate visible intoxication. When this
occurs, service of alcoholic beverages to that customer must be
stopped immediately! This might mean having to remove the customer's
unfinished drink and refunding their money. Remember to be courteous,
but firm. You may also find it helpful to enlist the help of a friend,
but never embarrass a customer. If necessary, try scaring the customer
with the risks of driving while intoxicated by using such comments
as, "if you're caught, you will be fined, lose your driver's
license and go to jail,' and "if you insist on driving, 1 will
have to notify the police." If your efforts fail, it is recommended
that you complete and file an Incident Documentation Form.
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Arrange a safe way home for your customer by calling
a taxi or asking a sober friend to drive him/her home. Remember,
liability does not end when a customer leaves your establishment.
In fact, that's when its tragic consequences can begin.
INCIDENT DOCUMENTATION
A completed Incident Documentation Form is a written
record of any unusual event that causes you to worry, such as; an
accident, a fight, refusing service to a minor or intoxicated person,
or a police call. The form can help build a defense in the event
of the filing of a lawsuit or an insurance claim. It is your record
of responsible service which could prove to be extremely useful
for law enforcement, regulatory agencies or courts.
An Incident Documentation Form should be completed
IMMEDIATELY following an incident. Do not wait until the end of
a shift or the next day. Complete the form while the event is still
fresh in the minds of the persons involved. Never
rely on memory. It is also important that you file the report and
keep it for at least two years because under the Dram Shop Laws
that is the period of time the parties involved have to file a lawsuit.
The following are some examples of when an Incident
Documentation Form may be completed:
When service is refused to an intoxicated individual
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