AACEA. You can be assured that with AACEA you will be given quality information to help you in your employment as a seller server of alcohol.

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1 AACEA Welcome to America s Alcohol Certified Education Association, Inc; a Responsible Alcohol Sales and Service Course Provider approved by the Montana State Department of Revenue. AACEA is a group of Hospitality Industry Professionals who are well versed in all aspects of Alcohol Sales and Service. The founder of AACEA is considered to be an "Expert" in the field of Alcohol Service amongst the legal community. Our philosophy is to provide Alcohol Server Education focused on customer safety by Promoting Responsible Alcohol Sales and Service. You can be assured that with AACEA you will be given quality information to help you in your employment as a seller server of alcohol. Thank you so much for choosing AACEA for your online training. The State of Montana Department of Revenue Liquor Control Division requires that all persons who serve or sell alcoholic beverages, whether for pay or as a volunteer, their immediate supervisors, and all licensees or owners of licensees who personally serve or sell alcoholic beverages on behalf of the licensee, have completed an approved responsible alcohol sales and service training class. It doesn t matter if you are a tavern or restaurant owner, clerk, server, waiter or waitress; you need to know your legal responsibilities and liabilities regarding alcohol sales and service at all venues. This program offers comprehensive education on these responsibilities and liabilities. 1

2 . All materials and components of AACEA, Inc. courses are subject to copyright protection. This includes content, computer codes, presentation, as well as audio recordings and video used throughout this course. This content is owned by Americas Alcohol Certified Education Association, Inc. These materials may not be copied or distributed, in whole or in part, without the prior written permission of AACEA, Inc. Some sections of this course may have originated from other sources such as content published by the Montana Department of Revenue, United States Federal Government, as well as other state or local government authorities/agencies that are available for public use. AACEA, Inc. makes no claim of copyright or ownership relating to these works not originated from AACEA. 2

3 SEMINAR OBJECTIVES By the end of this course, you should have a clear understanding of the following topics: 1) The liability you as a server can be accountable for 2) The importance in preventing alcohol sales to intoxicated individuals and minors 3) The importance of preventing drunk driving 4) Montana codes and regulations 5) Alcohol and its physical impact on the body 6) The proper way to cut off an individual 7) How to check ID s and identify fake ID s 8) How to deny service to a minor 3

4 Alcohol Seller/Server Requirements 1. In order to bartend in Montana you do not have to have a bartender license, you only have to attend a state approved alcohol server/seller training class. 2. Employees must receive training within 60 days of hire and every three years thereafter, while Licensees or owners of licenses must receive training within 60 days of department approval of their ownership interest if they personally serve alcoholic beverages, or within 60 days of when they begin personally serving alcoholic beverages, and every three years thereafter. 3. A licensee will certify annually on their license renewal form that the licensee is in compliance with MCA that all employees who are authorized to sell or serve alcoholic beverages and their immediate supervisor have attended a Responsible Seller Server Training Program and passed the final exam. 4. The server / seller proof of training is valid for three years. Once it has expired, you must retake a state approved program and pass the final exam. 5. Lost, stolen, or destroyed proof of training can be replaced by contacting the provider who gave the seminar and exam. 6. Licensees must maintain proof of your training. 7. You must have a proof of completion for each business you are employed or volunteer. Make a copy for each establishment. 4

5 Definitions: This section presents definitions of words used in this curriculum. Absorption: The way alcohol enters the bloodstream. Alcohol is absorbed into the blood through the stomach and small intestine. Alcoholic Beverage: 1. An alcoholic beverage is alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 2. A toxic drug; a depressant that slows activity in the central nervous system, resulting in impaired mental and physical performance. Alcohol Policy: A policy written by establishments to partner with staff in the In House Policies concerning the sales and service of alcohol. BAC: Blood Alcohol Content. The amount of alcohol in the blood, determined by the percentage of alcohol in relation to other blood components. For example,.08% BAC means there are eight parts of alcohol per 10,000 parts of blood. (Also Breath Alcohol Content. Many law enforcement agencies use breath tests to determine a person s alcohol content.) Certification: Written approval from the Division stating a person or company has met the requirements to become a seminar provider. Compliance checks: Undercover enforcement operations which identify retail establishments that sell alcoholic beverages to minors. Criminal liability: Crime against the state for which an officer of the state can bring legal action. Society is harmed by an individual breaking the laws of the state. Usually there is no statue of limitations for criminal liability. Property and casualty insurance is not designed to provide coverage for the criminal acts of an insured individual. Criminal Negligence: A person fails to meet a standard level of care that an ordinary person under these conditions would meet, e.g. checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of intoxication. Designated driver: A person chosen to be the driver for others who are consuming alcohol. A designated driver does not drink alcohol to ensure that everyone in the group gets home safely. Dram Shop Statute: A law that allows a victim to sue a server or licensee or a social host for damages and injuries resulting from the action of a customer. In Montana State, Dram Shop Lawsuits apply when the seller/server or licensee violates the law by serving or selling alcohol to a minor or a visibly intoxicated person. The first party is the customer, the second party is the serving party (you and your establishment), and the third party or third parties are the persons or property outside of the alcohol transaction that are damaged as a result of the alcohol transaction. 5

6 Drink equivalency: There is the same amount of ethyl alcohol in a 12 ounce bottle of beer, a 5 ounce glass of wine, and 1-1/2 ounces of 80 proof equivalent. DUI: Driving under the influence of intoxicants. Implied consent law: Says that anyone who drives on Montana s roads must give their consent to submit to a BAC test or a blood test upon request of a police officer. If you refuse to take the chemical test your license will be suspended. Incident log: A daily record of any events occurring in an establishment kept by the licensed premises. Intoxication: Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more. Liability: Responsibility. License: a legal document giving official permission to do something. Licensee: A person or entity granted the privilege of selling alcoholic beverages. Manslaughter: Causing a death with criminal negligence. Minor: A person under the age of 21. Premises: An establishment s building and grounds, including parking lots. Proof: The alcohol content of distilled liquor. Equal to two times the percentage of alcohol; For example, 100 proof equal 50% alcohol content. Stimulants: Chemicals that speed up the processes of the central nervous system. Sometimes called uppers. Tolerance: The condition when a drug user requires increasingly larger amounts of the drug to produce the same effect. A change in the system of the user, developing with prolonged or increased use of a drug. (Remember, alcohol is a drug.) Tort: A wrongful act, whether intentional or negligent, which causes an injury and can be remedied at civil law, usually through awarding damages. Toxic: Poisonous; causing death, harm, or impairment. 6

7 Responsibilities of a Seller-Server: The most important responsibility of a Seller-Server is to follow the laws intended to prevent the sale of alcohol to minors and intoxicated persons. The person who actually serves, sells, or delivers the alcoholic beverage is legally responsible for the sale. Breaking the laws for selling alcohol puts you, your employer, and your customers at risk. If you knowingly break the laws governing alcohol sales, you may be found guilty of a crime, and you may be found responsible for any damage caused by people to whom you sold or served alcohol. The employer is at risk because they could lose their license to sell alcohol. The customer is at risk because they may be violating the law by purchasing alcohol. Liability What are the potential legal consequences of over serving? There are three: Administrative Consequences, Civil Consequences and Criminal Consequences. Administrative consequences. You lose your license you lose your livelihood. Your employer loses his license also. Civil Consequences. You lose your home, your life savings, and whatever else you ve accumulated. Criminal Consequences. You pay a fine and go to jail. With regards to Administrative, Department of Revenue s Liquor Control Division may; (i) reprimand a license; (ii) proceed to revoke the license of the licensee; (iii) suspend the license for a period of not more than 3 months; (iv) refuse to grant a renewal of license after its expiration; or (v) impose a civil penalty not to exceed $1,500. The civil consequences require more in-depth treatment. When looking at the civil consequences, there are a few specific questions to ask: What can I be sued for? You may be sued for violations of various Montana statutes including MCA , , You may be sued under other legal theories including negligence and negligence per se. Who can sue me? The bar patron whom you have over served, anyone that person injures, the survivors of deceased parties, estates of deceased parties and guardians of incapacitated parties may sue you for violations for over-service. What types of damages will I have to pay? There is no cap on direct damages and can range into the millions of dollars. Indirect damages and punitive damages are capped at $250,000 a piece. This penalty may extend to both the server and the tavern itself. 7

8 Penalties for infractions of this law may also result in other fines and fees to both the server and the tavern. What can I be sued for? In Montana it is unlawful for any license holder, license holder s employee, or any other person to sell, deliver, or give away an alcoholic beverage to (i) anyone under 21 years of age; or (ii) any person actually, apparently, or obviously intoxicated. MCA (4) Additionally: (1) No store manager, retail licensee, or any employee of a store manager or retail licensee may sell any alcoholic beverage or permit any alcoholic beverage to be sold to any person apparently under the influence of an alcoholic beverage. (2) No person may give an alcoholic beverage to a person apparently under the influence of alcohol. Mont. Code Ann In fact, furnishing a person with an alcoholic beverage to the following persons will constitute civil liability for both the person serving and the establishment if: The consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age; The consumer was visibly intoxicated; or The furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol. MCA In Montana, you can be held liable for damages if you serve someone who is visibly intoxicated. Visibly means perceptible to the eye. If a person is visibly intoxicated you must not serve them alcohol. What if the person I over serve does something other than drink and drive? If you serve someone who is visibly intoxicated and that person assaults someone else, you may be liable to the person who is assaulted. What if I serve a minor? Serving any liquor to a minor can lead to civil liability for any reasonable foreseeable act that the minor does. You can even be liable to the minor if the minor hurts himself or herself. 8

9 Who can sue me? The person injured can sue you. This includes someone who chose to get into the car with the person you over-served. This also includes innocent bystanders who were harmed. The family of the person injured can sue you. If it is just an injury, the person s parents, children, stepchildren, and/or spouse can all sue you. Each can claim his or her own damages. If there is a death, then the group of people who can sue you gets even bigger, expanding to sisters and brothers in some circumstances. Sometimes the person you over-served can sue you. Particularly if that person was a minor. If that person dies, his or her family members may still be able to sue you. If incapacitated, the injured party may sue you through a guardian appointed by the Court. What types of damages will I have to pay? The injured person s pain and suffering, both the suffering already experienced and to be experienced in the future. The injured person s lost earnings. o If the person died: that person s projected lost earnings over his or her lifetime. The injured person s medical and hospital expenses. Even if that person had insurance. The loss of certain relationships. o If a parent died, the child can sue you for losing out on having a parent. o If a child died, the parent can sue you for losing out on having a child. o If a spouse died, the spouse can sue you for losing out on having a spouse. o Punitive damages up to $250,000. Criminal Consequences = Criminal Liability Serving or selling alcohol to a minor is a misdemeanor and can land you a fine and/or imprisonment for up to six months. Selling or Serving alcohol to someone who is apparently intoxicated can land you a $1,000 fine and six months in jail. In bad enough circumstances, you can be charged and convicted of negligent homicide. What is negligent homicide? Negligently causing the death of another human being. 9

10 This actually happened in Kansas in 2007, where a man was charged and convicted by a jury of manslaughter for over serving an obviously intoxicated patron who eventually died of alcohol poisoning. The man was sentenced to 4 years in prison. In Montana, the punishment for manslaughter is up to 20 years in prison and a $50,000 fine. The punishment also includes the loss of civil rights, like the right to carry a firearm and the right to vote. Logbook Below is an example of a logbook entry; first off, by law you do not have to keep one. It is just a very valuable tool that can be used in defense of a Dram Shop lawsuit. For a logbook to be effective, it has to be a book that you cannot add or remove pages from. 10

11 What to write down: You want to describe in detail every incident in which you refuse to serve someone alcohol. This is a good way to communicate to others who come on shift after you to be aware of persons who might have been cut off earlier and who might be waiting for you to get off shift before returning to your establishment. Write down the person s name if possible or at least their description as well as any witnesses. Write down what the person had to drink. Also describe any type of disturbances in detail. If minors attempt to drink at or frequent your establishment, note that as well. In an eventual lawsuit, a well kept log book can be the best evidence for your defense. Say a person comes into your bar. Leaves sober, gets drunk at another bar and then eventually kills someone. The deceased family sues you and the other bar. The other bar claims you over served them. Well if you have a well kept logbook that logs every patron who appears to be intoxicated and what you did to prevent them from becoming intoxicated, you can use that log book in your defense. And because the log entries would have been made well before you would have any reason to lie, the logbook can be powerful evidence for your defense. Laws about Minors and Alcohol Any person under 21 years of age or any other person who knowingly misrepresents the person's qualifications for the purpose of obtaining an alcoholic beverage from the licensee is equally guilty with the licensee and, upon conviction, is subject to the below penalties provided in First offense: Fine between $100 and $300, 20 hours community service, driver's license confiscated for 30 days, pay for all costs for participation in a community-based substance abuse information course. Second offense: Fine between $200 and $600, 40 hours community service, driver's license confiscated for 6 months, pay for all costs for participation in a community-based substance abuse information course, and complete a chemical dependency assessment and treatment. Third offense: Fine between $300 and $900, 60 hours community service, driver's license confiscated for 6 months, pay for all costs for participation in a community-based substance abuse information course, and complete a chemical dependency assessment and treatment. For purposes of and this title, the establishment of the following facts by a person making a sale of alcoholic beverages to a person under the legal age constitutes prima facie evidence (which is they used a fake ID, made themselves look older than they are etc.) of innocence and a defense to a prosecution for sale of alcoholic beverages to a person under the legal age: (a) the purchaser falsely represented and supported with documentary evidence that an ordinary and prudent person would accept that the purchaser was of legal age to purchase alcoholic beverages; 11

12 (b) the appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be of legal age to purchase alcoholic beverages; and (c) the sale was made in good faith and in reasonable reliance upon the representation and appearance of the purchaser that the purchaser was of legal age to purchase alcoholic beverages Unlawful transactions with children Except as provided for in a person commits the offense of unlawful transactions with children if the person knowingly: sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority sells or gives an alcoholic beverage to a person under 21 years of age Endangering welfare of children: A parent or guardian who is 18 years of age or older, whether or not that they are the parent or guardian or any other person supervising the welfare of the child, commits the offense of endangering the child if they knowingly give or allow, or encourage a person under the age of 18 to consume an intoxicating beverage In order to buy, possess, or use tobacco products, the person must be a minimum of 18 years of age. It is against the law for someone to knowingly sell, give or encourage persons under the age of 18 to use tobacco products. Minimum age to sell or serve alcoholic beverages: To serve or bartend on an on-premise licensed location, all employees involved in the alcohol transactions must be a minimum of 18 years of age. Employees who work at on-premise establishments cannot buy an alcoholic beverage for a customer or consume alcohol themselves. Legal Hours of Alcohol Sales and Service For the most part, you can legally sell and serve alcohol from either an on premise or off premised licensed location from the hours of 8a.m. until 2a.m. By 2a.m. all alcohol has to be pulled from the guests and all alcohol sales stop. This also includes employees. Contrary to some peoples belief, when day light savings time occurs in the fall and clocks are set back an hour, the establishment cannot remain open for the extra hour. There are also some other restrictions to when alcohol can be sold or served on a licensed premise, either on premise or off premise. All licensed establishments where alcoholic beverages are sold, offered for sale, or given away at retail shall be closed each day between 2 a.m. and 8 12

13 a.m.; provided, however, that when any municipal incorporation has by ordinance further restricted the hours of sale of alcoholic beverages, then the sale of alcoholic beverages is prohibited within the limits of any such city or town during the time such sale is prohibited by this code and in addition thereto during the hours that it is prohibited by such ordinance. During such hours all persons except the alcoholic beverage licensee and employees of such licensed establishment shall be excluded from the licensed premises. But if the business has other operations that remain open then the operations that do not sell or serve alcohol can remain open. The department of Revenue will impose progressive penalties for multiple violations of any laws, ordinances and rules within any three-year period unless mitigating circumstances indicate the penalty should be reduced, or aggravating circumstances indicate the penalty should be increased. Violations and progressive penalties include, but are not limited to, those listed on the following chart. Any combination of four of the violations listed below occurring within a threeyear period could result in a license revocation action. Violation 1 st Offense 2 nd Offense 3 rd Offense 4 th Offense Sale to an Underage Peron $250 $1,000 $1500/20-day Suspension Revocation Sale to an Intoxicated Person $250 $1,000 $1500/20-day Suspension Revocation Open after Hours $150 $600 $1000/12-day Suspension Revocation Sale after Hours $150 $600 $1000/12-day Suspension Revocation Re-pouring $250 $1,000 $1500/20-day Suspension Revocation Denial.of.Right.to Inspect $150 $600 $1000/12-day Suspension Revocation No Approval to Alter $300 $600 $1000/12-day Suspension Revocation No.Management Agreement $150 $600 $1000/12-day Suspension Revocation Improper.use.of.Catering Endorsement Accept.more.than.7 Days credit Extend.more.than.7 Days credit Licensee.or.employee without valid alcohol sales.and.service training certificate Undisclosed Ownership Interest 90-Day.Nonuse Without Approval $150 $600 $1000/12-day Suspension Revocation $250 $1,000 $1500/20-day Suspension Revocation $250 $1,000 $1500/20-day Suspension Revocation Penalty for violations of this type as specified by (7) and by statute. Revocation for fourth violation. Fine, Suspension, or Revocation Lapse 13

14 Signs Under 21 Sign You must display a placard that fully states the consequences of violations of the provisions of this code by persons under 21 years of age. It states that an individual under the age of 21 is subject to penalties for possession of alcoholic beverages and/or for misrepresenting their age for the purpose of obtaining alcoholic beverages. Includes a warning about consequences for three offenses. Tobacco Sign You must display a sign that states "Montana law prohibits the sale of tobacco products to persons under 18 years of age." 14

15 Over Service Sign Montana law says: it is illegal for this establishment to serve or sell alcohol to any person who is actually, apparently, or obviously intoxicated. Age Cards There is one for alcohol, and one for tobacco. Tells you when a person is old enough to purchase alcohol or tobacco. Alcohol Age Card: In order to figure out if someone is old enough to purchase alcohol, simply take the current year and subtract 21 from it. As long as their birth month and day has passed the current date, the customer is old enough to make the purchase. Tobacco Age Card: In order to figure out if someone is old enough to purchase tobacco, simply take the current year and subtract 18 from it. As long as their birth month and day has passed the current date, the customer is old enough to make the purchase. 15

16 WHAT IS ALCOHOL? Before we go any further, I would like to make a point to you. A pharmacist goes to college for 6-8 years to learn how to dispense drugs. You are learning in 2 hours how to dispense one of the most addictive drugs in the world today. We could very easily make this a 2-day class; a lot of information is being taught to you in a very short period of time. What is Alcohol? Alcohol is alcohol. It doesn t matter if it s beer, wine, vodka, gin, bourbon or the alcohol that goes into your automobile s gasoline. It all has the same molecular break down. The alcohol we drink is made one of two ways. Beer and wine are made by a fermentation process that is a chemical break down of either fruits and/or grains. Whereas, hard alcohol; bourbon, scotch, vodka, gin, etc. are made by a distilling process. That is a separation of the alcohol from the other fluids via a heating process which creates a stronger more concentrated beverage. Think frozen orange juice. You take the can of thick pulpy O.J., pour it into a pitcher, and add three cans of water. The same amount of OJ is there, it s just that the volume of the beverage has changed. That is why twelve ounces of beer, five ounces of wine, and one and a half ounce of 80 proof liquor are all the same. They all have approximately ½ an ounce of pure alcohol in each and every one of them. What is a standard drink? 16

17 BAC CHART How drunk someone will become is measured by a BAC. The Blood Alcohol Concentration is the amount of alcohol in the blood stream according to the body weight. Here is an example of a BAC chart: Find your weight and see how many drinks you can have before you reach a BAC of.08. According to this chart, a 180 pound male can consume 4 drinks before he reaches a Blood Alcohol Content of.08. You know what would be nice if you could do? If you could just post, right in your entrance to your establishment, a great big poster of the BAC chart, you have scales underneath the chart. Your guests walk right in, they step on the scales, you walk over, look at how many drinks they can have, write that number on a post it note, slap it on their forehead, and send them in. But the BAC chart is nothing more than a general guide for you. Other things will factor into the absorbency rate of alcohol that the BAC chart does not consider, such as; were they drinking before they came in? How fast are they drinking? What are they drinking? How has that drink been mixed? Is it a warm, or is it a cold beverage? Are they hungry? Are they dieting? What is their emotional state? Your emotions will change the chemistry of your body at any given point in time during the day. 17

18 Drugs and Alcohol Cocaine and alcohol Increases heart rate and affects coordination and attitude. Marijuana and alcohol Slows reaction time considerably. Caffeine and alcohol Creates a false sense of sobriety and insomnia. Prescription medicines - combined with alcohol consumption may be deadly Analgesics (pain killers), cold remedies, or cough medicines Increases the effect of alcohol. Amphetamines and alcohol Creates forgetfulness causing the person to take more of the drug, which can cause an overdose. Over the counter sleeping pills combined with alcohol can cause death. Club drugs mixed with small doses of alcohol can cause death, and have been used as a date rape drug such as GHB, Ecstasy, Ketamine, and Rohypnol. These four can cause an individual to lose control of muscles, drowsiness, and loss of memory. You also need to be aware of those with disabilities or those who have an illness. An illness or disability can be mistaken for intoxication. It can be very embarrassing to both parties. Examples of this could be: A stroke victim, Diabetics, Injuries of some kind, Surgery, Cerebral Palsy, Multiple Sclerosis even a head cold can people to come across as being intoxicated. Look for Medic Alert jewelry, as some who have possible life threatening problem wear the jewelry to alert medical professionals. Alcohol Poisoning Alcohol depresses nerves that control involuntary actions such as breathing and the gag reflex (which prevents choking). A fatal dose of alcohol will eventually stop these functions. It is common for someone who consumed excessive alcohol to vomit, since alcohol is an irritant to the stomach. There is also the danger of choking on vomit, which could cause death by asphyxiation in a person who is not conscious because of intoxication. Here are the signs and symptoms of Alcohol Poisoning. Mental confusion, stupor, coma, or person cannot be roused Vomiting Slow breathing (fewer than eight breaths per minute) Irregular breathing (10 seconds or more between breaths) Hypothermia (low body temperature), bluish skin color, paleness see the red highlighted below. If you suspect someone has alcohol poisoning: Know the danger signals. Do not wait for all symptoms to be present. 18

19 Do not leave a person who passes out to sleep it off. Be aware that a person who has passed out may die. If there is any suspicion of an alcohol overdose, call 911 for help. Do not try to guess the level of drunkenness. If they look like they need help, they need help. For those under 21, if you call for medical assistance and help with the investigation you will be granted immunity for criminal prosecution. If alcohol poisoning goes untreated? The victim may choke on his or her own vomit. Breathing slows, becomes irregular, or stops. Heart beats irregularly or stops. Hypothermia (low body temperature) may occur. Hypoglycemia (too little blood sugar) leads to seizures. Untreated severe dehydration from vomiting can cause seizures, permanent brain damage, or death. Observe Listen and Evaluate Guide the guest Observe, Listen, and Evaluate in order to recognize those who are becoming intoxicated. When people consume alcohol it is going to affect them and they will begin to show signs of intoxication. 50 Likely Signs of Intoxication 1. Loud speech 2. Bravado, boasting 3. Overly animated or entertaining 4. Boisterous 5. Overly friendly to other guests and employees 6. Drinking alone 7. Drinking too fast 8. Careless with money 9. Urging other people to have another drink 10. Ordering doubles 11. Annoying other guests or servers 12. Complaining about drink prices 13. Complaining about drink strength or preparation 14. Argumentative 15. Aggressive or belligerent 16. Obnoxious or mean 26. Drowsy 27. Bloodshot, glassy eyes 28. Slurred speech 29. Difficulty remembering 30. Slow response to questions 31. Spilling drinks 32. Rambling conversation, loss of train of thought 33. Trouble making change 34. Difficulty handling money, picking up change 35. Lack of focus and eye contact 36. Difficulty lighting a cigarette 37. Lighting more than one cigarette at a time 38. Letting a cigarette burn without smoking 39. Clumsy, uncoordinated 40. Difficulty standing up 19

20 17. Inappropriate comments about others 18. Crude behavior 19. Inappropriate sexual advances 20. Foul Language 21. Irrational statements 22. Depressed or sullen 23. Crying or moody 24. Radical changes in behavior 25. Speaking loudly, then quietly 41. Unusual gait (walk) 42. Stumbling 43. Bumping into things 44. Swaying, staggering 45. Unable to sit straight in chair or on bar stool 46. Can t find mouth with glass 47. Falling down 48. Mussed hair 49. Disheveled clothing 50. Falling asleep React - Taking Corrective Action Once your guest begins to show signs of intoxication, you have to take corrective action: Slow down the service Avoid going to the table as often Offer Food or non-alcoholic drinks Suggest other activities Be Clear and Firm If possible, get the guest off to the side. Get back up. Get your manager involved, or another co-worker, the one backing you up should just be aware of the situation in case they are needed. Managers and owners should always back the server and never override the server s decision. If a manager or owner overrides the server or sellers decision, the guest will never see the bartender or the server as someone who has the authority to deny alcohol sales or service. Keep your temper under control, even if the situation is annoying. Show the customer you won t change your mind. At times, the wipe and swipe method is a good way to remove the drink from the guest. Using a bar towel, wipe the bar and when you get to the drink that needs to be removed, simply pick the drink up as if you are wiping under it and remove it from the guest. Express your concern for their safety and let them know you would like to see them return to your establishment. Do not make judgmental statements such as you re drunk. Be courteous and firm about your refusal to serve them any more alcoholic beverages and walk away. 20

21 Be Consistent Do not stay and argue and do not bargain or back down once you make the decision to stop service. The intoxicated person does not have normal use of their mental faculties and arguing will escalate the situation. Identifying Minors Characteristics of Minors If a person has the physical characteristics of a minor, they likely are a minor. However, the opposite is not true! People mature at different rates. Many minors may have physical characteristics of an adult. Don t be fooled! Physical Characteristics of Minors Minors generally have common physical characteristics. The following is a list of some characteristics. Immature physical appearances: little or no facial hair on boys. Un-developed appearance of girls. Skin complexion Smooth, unlined faces. Be aware that not all minors have these physical characteristics and do not rely on them solely to identify a minor. Some minor males may have beards and mustaches. Some minor males are big, which may make them appear older. Some minor females may wear makeup or clothing that makes them appear older. Fads and Fashions of Minors Minors tend to dress in the latest fads and fashion trends. These will change frequently. Some other things to look for are: School uniforms Class rings Too much makeup Trendy hair styles 21

22 Behaviors and Reactions of Minors Certain behavior patterns may also be characteristic of minors or people that may purchase alcohol for minors. May appear nervous May not make eye contact with you Self conscious about appearance Some minors act very confident and sure of themselves when attempting to purchase alcohol. Young people gathering in groups and sending one to make a purchase. Young people approaching adults that are on their way in to make a purchase. A minor might display one or more of these characteristic reactions: Acting nervous or insecure Being overly friendly or acting cool Not making eye contact or trying to hide their face Checking the area or glancing around Showing an ID but trying to put it away quickly When to Ask for an ID You should ask for an ID before you begin to serve or begin to ring up an alcohol sale. For off-premise sales, you can place your hands on the alcohol packaging and then ask for an ID, in case you need to remove the alcohol from reach. For on-premise sales, ask for an ID before pouring or serving the alcoholic beverage. Acceptable forms of IDs that can be used in Montana State: 1. Current Driver License from a US State or Canadian Jurisdiction 2. Current Identification Card from a US State or Canadian Jurisdiction 3. Current armed service identification card 4. Merchant Marine I.D. Card (Issued by U.S Coast Guard.) Example shown 5. Valid Passport or Passport Card Example shown 6. Immigration Card 7. Montana Tribal Identification card. Some of the Tribal Identification cards; Have no expiration date Use No Identification number Some will use the members Social Security number. 8. Prison Identification Card Unacceptable form of ID: A college ID. 22

23 Montana issues driver s licenses and identification cards that have specific security features. Older Driver s License: Card Features: Montana repeats diagonally across front in UV ink State seal in center Non-hyphenated social security number OR an assigned 9 alpha and numeric characters. Middle Driver s License (replacing older license): The Birth date format is as such: First two digits = month of birth Card Features: Next 3 digits = number assigned by system Next 4 digits = year of birth Next 2 digits = Montana Statehood Last 2 digits = day of birth For those who are 21 years of age and older Montana is repeated diagonally in UV ink. The Montana State seal is in the center. The photo is on the left A ghost photo is seen at the upper right hand of the card. The Under 21 ID: The security features are the same but the photos are swapped on the ID. The main photo is to the right, and the ghost photo is to the left. The ID with the ghost photo on the left is for those who are under 21 years of age and are not valid to use for identification for the purchase and or consumption of alcohol, but if the person is 18 years of age or older, then the ID is valid for persons 18 years of age or older to purchase tobacco products. 23

24 New Montana Driver s License (Began issuing in July of 2008) Montana IDS are color coded by type: Commercial = gold, Regular=Blue, Motorcycle=black, & non-driver ID card=green. Drivers License Features: All of the driver s licenses will have a salmon colored sky in the top banner of all drivers licenses; Green sky on non-driver ID cards. Montana printed in upper right in large custom lettering, with Big Sky Country underneath. Map of Montana containing a quick reference identifier indicating the type of document; map overlaps the corner of the photograph on licenses for people over 21. Repeated overlapping data Grizzly design that floats in overlay The silhouette of Lewis and Clark with Sacagawea appears as a shadow within the Montana card stock. 24

25 Under ultraviolet lighting, a repeated crossed pick and shovel displays in a wallpaper pattern. Back of ID The back of the ID features: Two barcodes, 1D barcode on the left used for internal tracking, and 2D barcode in the middle which contains the data from the front of the card, a pictograph denoting the class of the permit, a serial number matching the barcode, and a Description of any restrictions and/or endorsements pertaining to the cardholder. \ If the ID is horizontal it was issued to them when they were 21 years of age or older, if they were under the age of 21 when the ID was issued it will be vertical. But, it will expire on their 21st birthday, so a vertical id is not v alid identification to purchase or consume alcohol. But it will be valid identification to purchase tobacco. In essence, a vertical ID is never acceptable when it comes to purchasing or consuming alcohol, but it is acceptable to purchase tobacco products, as long as the person is 18 years of age or older. But if the person receives the vertical card before their 18th birthday next to the red bar that states Under 21 until their 21st birthday a yellow bar will also state Under 18 until. 25

26 10 Point Checking System There are 10 things I m going to ask you to look at on an ID. You may be thinking to yourself: 10 things on an ID? I don t have time to look at 10 things on an ID. You don t have time not to. If you serve a minor in this day and age, the ramifications, both civil and legal, can be huge. 1. EXPIRATION DATE 2. PHOTOGRAPH 3. YEAR OF BIRTH 4. DAY OF BIRTH 5. MONTH OF BIRTH 6. DOES AGE MATCH UP? 7. HEIGHT 8. WEIGHT 9. GENDER 10. STATE SEAL While you are comparing the id with the 10 point checking guide also look for these: The word duplicate The state seal to be blurry, partial or the correct state for the ID. Consistency of type set. Do the address and other information font match the birth date and expiration date font? Cuts or breaks in the seams Right thickness. Cards reverse side lettering. Is it blank, on straight, or blurry, at times it will say Not Valid Id across the back. Look at the bar codes, notice the bar codes on your own id, are different widths, sometimes the fake one will be all of the same width. Run your fingers over the card is it too thin or too thick? Bend the ID a bit (If it is made out of card board it might break) You can also ask them questions about the ID. If they are using a fake ID, they will probably have memorized the information from top to bottom. Ask them questions that are on the ID, and other questions that are NOT on the ID. If it is not their ID, they will have a hard time distinguishing between the real ID information and the fake ID s information. Have them sign their name for you. When you do this, have them sign it three times on three separate pieces of paper. Watch to see if they are very careful when they sign, or if they just simply sign. Also look to see if they spell/write the name correctly. 26

27 Alcohol Policy Example (Your establishment) is committed to the responsible service of alcoholic beverages. In accordance to this commitment, all employees are required to follow the procedures listed below: 1. No employee will serve an alcoholic beverage to anyone under the age of All employees will carefully check Identification of anyone who appears to be under 30 years of age. a. Acceptable documentation is a valid Montana driver s license with a photo or a photo ID issued by the state of Montana, any other US State, a current Driver s License or Identification card from a Canadian Jurisdiction, Military ID, a Passport issued in a language you can read, An Immigration card, a Montana Tribal Identification Card, or a Prison Identification Card. b. The employee will carefully check the identification to determine its authenticity. The manager should be informed if there is any appearance of forgery or tampering and the incident will be entered into the log book. c. In the absence of authentic identification, or in case of doubt, the employee will refuse service of alcoholic beverages to the customer. 3. No employee will serve an alcoholic beverage to anyone who is intoxicated and the incident will be recorded in the log book 4. No employee will serve alcoholic beverages to anyone to the point of intoxication. 5. It is the employee s responsibility to notify a manager when a customer shows signs of intoxication or is requesting alcoholic beverages above the limits of responsible beverage service. 6. Any intoxicated customer wishing to leave the establishment will be urged to use alternative transportation provided by the establishment. (This can be a cab service, designated driver, etc,, and the incident will be recorded in the log book. 7. All employees are obligated to inform law enforcement authorities when intervention attempts fail. The incident will be recorded in a log book. 8. No employee will drink alcoholic beverages while working. 9. No employee will be intoxicated on the premise. 10. All employees who serve/sell alcoholic beverages will successfully complete a Montana Department of Revenue certified Responsible Alcohol Sales and Service Training Course when beginning employment. The sale/service of alcoholic beverages should not be a routine! It is one of the few legal products you can sell that could put you in jail. THE MANAGEMENT FULLY SUPPORTS THESE POLICIES AND WILL STAND BEHIND OUR EMPLOYEES IN THEIR DECISIONS TO PROMOTE RESPONSIBLE SERVICE. 27