Liquor Laws And Liability

Driving Under the Influence
Driving under the influence accounts for 30 percent of all driving fatalities.
In California it is illegal to operate a motor vehicle with a blood alcohol content of 0.08% or higher.
Driving above the legal limit is punishable by suspension of a driver's license, expensive fines, and jail time.

Legal Age for Drinking and Serving Alcohol
The legal age for drinking is 21 years of age or older
The legal age to serve alcohol for bartenders and cocktail servers, is 21 years of age.
Minors between the ages of 18 and 21 are allowed to serve alcohol if they are working in an area intended for the sale of food.
If you are a server and you serve alcohol to a minor you could face a $1,000 fine, community service, and six to 12 months in jail.

3 Types of Liability
Administrative - Extends to anyone who holds a liquor license or permit to serve / sell alcohol.
When a liquor license is issued, the permit holder must abide by certain regulations. Failure to do so can result in fines, suspension or revocation of liquor license.
Civil - Disputes between two parties.
An employee or owner of establishment can be held liable for damage that has been caused to a third party by an intoxicated guest. If a lawsuit is brought about, both parties can be forced to pay compensatory damages or punitive damages.
Criminal - Results from breaking state, county or municipal law by selling alcohol irresponsibly.
For criminal liability, the state or county will bring a lawsuit for an act against society. Depending on the seriousness of the allegation, the owner and server can face fines, probation, or even jail time.

Seller's Responsibility and Liability
It is your responsibility to protect the public, your employer and yourself from liability.
Your responsibilities include:
• Not selling alcohol to individuals under 21 years of age(minors).
• Not selling alcohol to individuals who are showing signs of intoxication.
• Intervene if someone is showing signs of intoxication.
Liability is not just limited to the owner of the restaurant. Every single employee who fails to check for a valid ID and serves alcohol to a customer showing signs of intoxication or a minor, can be subject to liability.

Hours of Service & Promotional Offers
Establishments are allowed to only sell alcohol between the hours of 6:00 a.m. to 2:00 a.m. Selling alcohol between 2:00 a.m. and 6:00 a.m. is illegal.
Happy Hour
Establishments in California are allowed to sell food and drink combinations for a discounted price. The only restriction is that the drink can not be complimentary.
Disorderly Conduct
Establishments in California must take measures to prevent unruly behavior inside their establishment such as fights, assaults and prostitution.

3 Types of Liability
Administrative - Extends to anyone who holds a liquor license or permit to serve / sell alcohol.
When a liquor license is issued, the permit holder must abide by certain regulations. Failure to do so can result in fines, suspension or revocation of liquor license.
Civil - Disputes between two parties.
An employee or owner of establishment can be held liable for damage that has been caused to a third party by an intoxicated guest. If a lawsuit is brought about, both parties can be forced to pay compensatory damages or punitive damages.
Criminal - Results from breaking state, county or municipal law by selling alcohol irresponsibly.
For criminal liability, the state or county will bring a lawsuit for an act against society. Depending on the seriousness of the allegation, the owner and server can face fines, probation, or even jail time.

In California, establishments serving alcohol are generally not held liable for damages caused by intoxicated guests to third parties. However, there is one exception to this rule, which is if the intoxicated guest is a minor. In such cases, the establishment can be held responsible for any harm caused by the minor's intoxication. This exception recognizes the increased duty of care that establishments have when serving alcohol to underage individuals.

Lets take a look at the following scenario...
A group of friends go to a college bar with their 20 year old friend. They order a few beers, then a few more rounds of cocktails, everyone is having a great night.
The 20 year old friend orders two shots, the server in charge of the table serves them. Ten minutes later the server noticed that the friend is trying to dance on the table.
The manager of the bar asks her to 'please do not climb on top of the furniture'. She responds visibly upset and agitated. Her friends convince her to calm down. The customer leaves on her own accord without being escorted by management. She drives home.
On her way home she runs a stop sign, swerves and crashes head on with another car. She suffers severe head trauma, with a few broken bones. The passengers of the other car, a 33 year old mom and her 8 year old daughter die as a result of the accident.
Later the police go to the college bar to ask a few questions.
When they ask the server if he knew she was a minor, he looked stunned. He said "she looked much older and I assumed that the bouncer at the door had previously checked her ID". He added that he knew she was intoxicated due to the incident that occurred at the bar, but figured that her friends would not allow her to drive drunk. It was normal for people to come back the following day for their cars.
Who can be held Criminally Liable?
A) The Bouncer
B) The Minor
C) The Bar Owner
D) The Server
E) All of the Above

The answer is E) All of the above
The bouncer, the bartender, the server and the minor all may face criminal charges for several reasons:
The bouncer could be in trouble for allowing the minor to enter the bar.
The minor could be in trouble for drinking alcohol while under the legal age of 21 as well as driving under the influence. Since she caused the death of two people, she could face charges for manslaughter.
Both the server and the owner of the bar can be held liable for serving alcohol to a minor as well as for serving alcohol to an intoxicated guest.

3 Types of Liability
Administrative - Extends to anyone who holds a liquor license or permit to serve / sell alcohol.
When a liquor license is issued, the permit holder must abide by certain regulations. Failure to do so can result in fines, suspension or revocation of liquor license.
Civil - Disputes between two parties.
An employee or owner of establishment can be held liable for damage that has been caused to a third party by an intoxicated guest. If a lawsuit is brought about, both parties can be forced to pay compensatory damages or punitive damages.
Criminal - Results from breaking state, county or municipal law by selling alcohol irresponsibly.
For criminal liability, the state or county will bring a lawsuit for an act against society. Depending on the seriousness of the allegation, the owner and server can face fines, probation, or even jail time.