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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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