New York Training Supplement to the ServSafe Alcohol Course (Instructor-Led and Online)

Similar documents
POST TEST Alcohol Training Awareness Program

South Dakota Training Supplement to the ServSafe Alcohol Course (Effective 2015)

ServSafe Alcohol Training Course. State of Virginia Supplement. Effective June 2012

DAWSON COUNTY, GEORGIA ALCOHLIC BEVERAGE LICENSE FREQUENTLY ASKED QUESTIONS. Eating Establishment X X X

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 224

Drug and Alcohol Abuse/Prevention Policy and Program

Training Supplement. For Use with the TIPS for On Premise Program in conjunction with the. New York Alcohol Training Awareness Program (ATAP)

Florida Senate SB 224

Responsible Alcohol Management Program Frequently Asked Questions

It is illegal to serve more than 40 oz of beer, 1 liter of wine or 4 oz distilled spirits at one time to a guest.

Model Underage Alcohol Consumption Reduction Act

ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS; TRANSACTION SCANS.

IC Chapter 10. Unlawful Sales

SENATE, No. 359 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

ORDINANCE NO. CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO TOBACCO

REQUEST FOR COUNCIL ACTION

Oklahoma Statutes on Prevention of Youth Access to Tobacco

Village of Berkeley Liquor License Guide

UNIVERSITY FOOD SERVICES, INC. POLICIES AND PROCEDURES REGARDING THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES

MUNICIPAL COUNCIL OF THE CITY OF BAYONNE

CHAPTER 120: TOBACCO

TOBACCO LICENSING AND SALES REGULATION ORDINANCE ORDINANCE NO. 29

Idaho State Police Alcohol Beverage Control

INGHAM COUNTY. Effective January 1, 2016 as amended November 10, 2015

CHAPTER 62 - SOCIAL HOST ORDINANCE OF DUBUQUE COUNTY, IOWA. Adopted September 27, Table of Contents. Part 1 Introduction...2

CHAPTER 52 ALCOHOLIC BEVERAGE

THE WALTHAM LICENSE COMMISSION RULES & REGULATIONS FOR THE SALE OF ALCOHOL CONSUMED ON PREMISE

Department of Legislative Services Maryland General Assembly 2009 Session

youth access to tobacco ms al ar l a tn

This license is required for any businesses offering tobacco products for sale.

AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

BR F.txt (1) ARTICLE F. OFFENSES RELATING TO ALCOHOL, CIGARETTES AND AMUSEMENT ESTABLISHMENTS

RPSGT Recertification Application

(4) Be as detailed as necessary to provide history of work performed; and:

Human Resources All Personnel BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE

AN ORDINANCE to amend and re-ordain Section of the Code of the City of New Orleans relative to

The ABLE Commission s Role in Protecting Public Safety

SANDESTIN WINE FESTIVAL RESPONSIBLE VENDOR OUTLINE

LICENSING OF THE RETAIL SALE OF TOBACCO PRODUCTS

Adopted by the RYC Bridge and Board on August 6, 2015

1. Which of the following functions is affected by alcohol consumption? A. Vision B. Steering C. Attention D. All of the above

ORDINANCE NO

State Report. Ohio. This document is excerpted from: The December 2015 Report to Congress on the Prevention and Reduction of Underage Drinking

Getting Server Ready (Bars, Restaurants etc.)

LEGISLATION PENRITH/ST MARYS LIQUOR ACCORD

Consequences of Underage Drinking

PREVENTION OF MINORS' ACCESS TO TOBACCO

POLICY 5434 ALCOHOL AND OTHER DRUGS - STUDENTS

POLICIES TO REDUCE COMMERCIAL ACCESS TO ALCOHOL

Bellarmine University Student Handbook ( Academic Year)

State Report. Pennsylvania

The Tennessee Alcoholic Beverage Commission enforces and regulates alcoholic beverages with an alcohol content greater than 5% by volume.

Campus Crime Brochure

e-cigarette Regulation

Vermont Department of Motor Vehicles. Total Abstinence Program

First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP HOUSE SPONSORSHIP

AN ORDINANCE TO ESTABLISH TWO ENTERTAINMENT DISTRICTS IN DOWNTOWN MOBILE. WHEREAS, the State of Alabama has passed into law Act No.

Responsible Alcohol Service for Ascension Parish

Campus Crime Brochure for academic year

VIRGINIA MILITARY INSTITUTE Lexington, Virginia GENERAL ORDER) NUMBER 2) 27 September VMI Alcohol and Controlled Substances Policy

CITY OF PALMER, ALASKA. Ordinance No

A. The unlawful possession, use, distribution, manufacture, or dispensing of illicit drugs on EVMS property or at an EVMS off-campus activity.

This Chapter shall be known as the Marijuana Use and Regulation Ordinance for the City of Palm Desert.

Amd SS1399-aa & 1399-cc, Pub Health L; amd S17-706, NYC Ad Cd; add S399-gg, Gen Bus L

CHAPTER 17 SALE OF TOBACCO ADMINISTRATION

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL AN ACT

MARIJUANA LEGALIZATION. INITIATIVE STATUTE.

ServSafe Alcohol Training Course. State of Nebraska Supplement. Effective January 2013

Adopted May 3, 2011 by Apache County Board of Supervisors Draft for P & Z Commission December 2015

Liquor Licensing Act 1997 (South Australia)

Averett University. Alcohol and Other Drugs Biennial Review. Fall 2015

REGULATIONS OF THE PLYMOUTH BOARD OF HEALTH FOR TOBACCO SALES IN CERTAIN PLACES & SALE OF TOBACCO PRODUCTS TO MINORS

The Effectiveness of Drinking-and-Driving Policies in the American States: A Cross-Sectional Time Series Analysis for

Understanding Liquor Liability The Legal Basis for Liquor Liability

Alcohol/Drug Abuse and Prevention Statement (Updated, January 2016)

Whereas, the prevention of the illegal sale and use of marijuana, particularly involving youth is a public health priority; and

Social Host. Laws and Enforcement Options. A Webinar for The Illinois Higher Education Center October 11, 2012

Young People and Alcohol: Some Statistics on Possible Effects of Lowering the Drinking Age. Barb Lash

THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN AS FOLLOWS:

Chapter 13 TOBACCO AND ALTERNATIVE NICOTINE PRODUCTS

ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Drug and Alcohol Awareness

How Mystery Shopping Programs Improve Compliance with Underage Drinking Laws

Responsible Alcohol Service for Rapides Parish

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, Nos and 4228 STATE OF NEW JERSEY. 213th LEGISLATURE ADOPTED NOVEMBER 23, 2009

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 2760

The Cannabis Control (Saskatchewan) Regulations

Rebecca Ramirez, MPH, Executive Director National Liquor Law Enforcement Association

City of Bryant Alcohol Permits, Fees, and Regulations. Table of Contents: ARTICLE 1 - GENERAL PROVISIONS.. 2 APPLICABILITY.. 2 DEFINITIONS..

ORDINANCE NO The Town Code of Guadalupe, Chapter 10, entitled Health and Sanitation is hereby amended by adding Article 10-5.

LANDMARK THEATRES RESUME FOR Business Plan Requirements Establishments with Beverage Alcohol

Responsible Alcohol Service for St. Mary Parish

Lawrence University Policy Drug-Free Campus

SECTION #900 USE AND SALE OF TOBACCO AND TOBACCO PRODUCTS

HEALTH REGULATION # 13 TOBACCO HANDLERS PERMITS

State of Minnesota HOUSE OF REPRESENTATIVES

What every student should know about. Alcohol & Other Drug Policies

Drug and Alcohol Prevention Program

STATE OF COLORADO REREVISED

Transcription:

New York Training Supplement to the ServSafe Alcohol Course (Instructor-Led and Online) To complete the ServSafe Alcohol Course in New York, you must learn the content of this supplement in addition to what you ve learned in the course. We highly recommend that you study this supplement after you have finished the training portion of the course. The content of this supplement is used with permission from the New York State Liquor Authority. Table of Contents Giving Alcohol to an Underage Person...2 Mitigation of Penalties for Serving an Underage Person...3 Checking Identification...3 Penalties for Delivering Alcohol to Underage People...4 Powers of the New York State Liquor Authority...4 Prohibited Sales...5 Penalties for Underage People Purchasing Alcohol...5 Licensee Bonds...6 Refusal to Reinstate a Revoked Liquor License...6 Penalties for Violations...6 Compensation for Injuries...7 Offenses and Penalties for Licensees and Servers....8 Penalties for Corporations...9 Unlawfully Dealing with a Child in the First and Second Degree...9 Case law...10 page 1 of 10

Giving Alcohol to An Underage Person Alcoholic Beverage Control Law 65.1 Direct Delivery of Alcohol to Underage People It is illegal to sell, deliver, or give away alcohol to an underage person. That s true whether the person is or appears to be under 21 years old. A licensee or server can legally refuse to sell or deliver alcohol to an underage person without penalty. However, service cannot be refused based on a person s race, creed, color or national origin. There are specific rules when it comes to delivering alcohol to an underage person. It s illegal to do so whether the licensee or server: y Directly delivers the alcohol to the underage person. y Permits another individual to deliver the alcohol to the underage person. Indirect Delivery of Alcohol to Underage People Licensees and servers are expected to monitor the establishment, within reason, to ensure that alcohol is not being delivered to underage people. If an incident occurs, pleading ignorance will not be a defense if those involved should have known the situation had occurred. See Matter of Beverly Lanes v. Rohan. If a licensee or server knows or should know that a patron is delivering alcohol to an underage person, they must stop that delivery. If the alcohol has already been delivered, it must be removed. Failure to do so is a violation and the licensee or server will be held responsible. Charges may also be brought against the patron for delivering alcohol to an underage person. See Matter of Al Ronick, Inc. v. New York State Liquor Authority; Matter of Austin Lemontree, Inc. v. New York State Liquor Authority. If a licensee or server has provided more than one alcoholic beverage to a patron, that patron must be accompanied back to the area where the drinks will be consumed to ensure that no alcohol will be given to an underage person. The licensee or server will be held liable if they fail to do this and an underage person is served alcohol. (See Matter of Jo Mar Jo Restaurant Corp. v. New York State Liquor Authority; See Matter of Culligan s Pub, Inc. v. New York State Liquor Authority) Off-premises licensees or store clerks can also be held legally liable if they knowingly sell alcohol to a patron who is likely to provide it to an underage person and actually does so. page 2 of 10

Mitigation of Penalties for Serving an Underage Person Alcoholic Beverage Control Law 65.4, 65.6, 65.7 Affirmative Defense Licensees and servers may be able to present an affirmative defense against the charge of delivering alcohol to an underage person. To do so, they must present evidence which proves that when checking the age of the person: y They relied upon a photo identification card that appeared to be issued by a government agency. y They personally checked the card at the time of the incident. Licensees and servers charged with delivering alcohol to an underage person (or to a person that appears visibly intoxicated) may receive a lesser penalty if they: y Have had a clean disciplinary record for at least five years y Have a valid certificate of completion (or renewal) from an Approved Alcohol Training Awareness Program (ATAP) The fine for those who meet these conditions will be limited to $1,000. If a licensee or server has not completed an ATAP, the licensee must submit written proof within 90 days that all employees involved in the direct sale of alcohol have completed or renewed one. This will reduce the civil penalty from the liquor authority by 25%. Checking Identification Alcoholic Beverage Control Law 65-b.2(b), 65.4, Acceptable IDs Only certain types of identification are acceptable as written evidence of age in New York: y A valid driver s license or non-driver identification card issued by: The commissioner of motor vehicles The federal government Any U.S. territory, commonwealth, or possession The District of Columbia A state government within the U.S. A province of Canada y A valid passport issued by the United States government or any other country y An identification card issued by the armed forces of the United States. It is legal for a licensee or server to scan any valid form of identification that includes a bar code or magnetic stripe if the scanning device is capable of reading the information encoded on it. Checking Identification Cards An identification card must be checked to make sure it is valid. If the card has expired, it cannot be used to verify a person s age. Identification cards must also be carefully checked until the licensee or server can reasonably conclude that the card: y Belongs to the person who presented it y Has not been altered page 3 of 10

Penalties for Delivering Alcohol to Underage People Alcoholic Beverage Control Law 65.1 and 130.5, 17.3, 112 and 113 General Obligations Law 11-100 and 11-101 Criminal Penalties A server who delivers or allows the delivery of alcohol to an underage person can be charged with a class A misdemeanor. A class A misdemeanor is punishable by: y Imprisonment up to one year y A fine up to $1,000 y A fine for the establishment up to $5,000 These charges may be dropped or mitigated if the licensee or server: y Has not been convicted of delivering or allowing the delivery of alcohol to a minor in the last 5 years and y Has completed or renewed an approved alcohol training awareness program (if not, they are allowed to complete or renew one) Civil Penalties The license holder may also be issued penalties by the state liquor authority for violations of the law. Penalties include: y Revocation, cancellation, or suspension of the liquor license y A civil fine up to $10,000 y A bond claim of up to $1,000 y 2-year ban against future licensure of the building containing the licensed premises Civil Liability Licensees and servers who delivered alcohol to an underage person are liable for injuries caused by them as a result of intoxication. This may include paying money damages to innocent third parties to compensate them for personal injury, injury to property, and injury to their means of support. Powers of the New York State Liquor Authority Alcoholic Beverage Control Law 17.3 The New York State Liquor Authority has the power to do the following when liquor laws are violated: y Revoke, cancel, or suspend liquor licenses and permits y Impose civil penalties on holders of liquor licenses and permits page 4 of 10

Prohibited Sales Alcoholic Beverage Control Law 65 Alcoholic beverages cannot be sold, delivered, or given away to any person who is: y Under 21 years of age (or appears to be) y Visibly intoxicated y Known by the server to be a habitual drunkard Licensees and servers can refuse service to these people without fear of criminal or civil action. However, service cannot be refused based on a person s race, creed, color, or national origin. Alcoholic beverages can be served to a person under 21 years of age if the person is a student in a curriculum licensed or registered by the state education department and: y The person is required to taste alcoholic beverages in courses which are part of the registered curriculum. y The beverages are only used for instructional purposes within a class that is part of the curriculum Penalties for Underage People Purchasing Alcohol Alcoholic Beverage Control Law 65b It is illegal for a person under the age of 21 to purchase or attempt to purchase alcoholic beverages using identification that is: y False y Fraudulent y Not their own Penalties for a violation include: y First Offense: Fine of not more than $100 and/or community service not to exceed 30 hours. The person may also be asked to complete an alcohol awareness program. y Second Offense: Fine from $50 to $300 and/or community service not to exceed 30 hours. The person may also be asked to complete an alcohol awareness program if they have not previously done so. y Third or Subsequent Offense: Fine from $50 to $750 and/or community service not to exceed 30 hours. The person must also submit to an evaluation to determine if he or she suffers from alcoholism or alcohol abuse. In addition to these penalties, the court may also suspend the person s license to drive motor vehicles or in the case of unlicensed people, the right to obtain a license. If a New York Driver s license was used for an illegal purchase, or attempted purchase the license may be suspended for: y First Offense: Three months y Second Offense: Six months y Third or Subsequent Offense: One year or until the person reaches 21 years of age (whichever is first) page 5 of 10

Licensee Bonds Alcoholic Beverage Control Law 112 The state liquor authority may require a licensee to file a bond issued by a surety company. The bond will help guarantee that the licensee does not violate liquor laws and ensure that all fines and penalties that accrue will be paid. The sum of the bond will be specified by the state liquor authority. Refusal to Reinstate a Revoked Liquor License Alcoholic Beverage Control Law 113 The state liquor authority may refuse to reinstate a revoked liquor license for up to two years. This is based on a number of considerations. For revocation due to the illegal sale of alcohol to a minor, the state liquor authority will also consider whether a subsequent licensee, through the sale of the premises, has obtained that premises through what is called an arm s length transaction. This is a sale where neither the buyer nor the seller was compelled to participate in the transaction. If the sale was made to allow the original licensee to avoid the effects of the revocation, then the license will not be granted. The following types of sales are not considered arm s length transactions: y Sale between relatives y Sale between related companies or business partners y Sale or lease affected by other circumstances These sales may be allowed and license granted if the parties can prove that the original licensee did not make the sale to avoid the effects of the revocation. Penalties for Violations Alcoholic Beverage Control Law 130 Penalties for violations not spelled out in the Alcoholic Beverage Control Law should be considered misdemeanors. This does not apply to section 106-6(a) of the Alcoholic Beverage Control Law, which addresses the display of nudity in an establishment page 6 of 10

Compensation for Injuries General Obligations Law 11-100 and 11-101 Injuries Caused by Intoxicated Underage People People injured by an underage person who was intoxicated or impaired have the right to recover damages from the licensee or server if: y They knowingly caused the intoxication y They illegally provided alcoholic beverages to the person or assisted the person in getting them y They knew or should have known the person was underage It doesn t matter whether or not the underage person died or not after causing the injury. Damages can be recovered for injuries to the person, their property, or their means of support Injuries Caused by Intoxicated People People injured by an intoxicated person have the right to recover damages from the licensee or server if: y They caused or contributed to the intoxication y They illegally sold alcoholic beverages to the person or assisted the person in getting them It doesn t matter if the intoxicated person died or not after causing the injury. Damages, both actual (those meant to compensate for actual losses) and punitive (those meant to deter the defendant from committing the same crime), can be recovered for injuries to the person, their property, or their means of support. If the plaintiff or the defendant have died, the case continues with their executors. page 7 of 10

Offenses and Penalties for Licensees and Servers Penal Law 55.10, 70.15, 80.05 The Alcoholic Beverage Control Law identifies specific felonies and misdemeanors associated with violations of the laws contained in it. These are explicitly spelled out in each section with different penalties for each. Any felony that is not specifically identified in the Alcoholic Beverage Control Law should be considered a class E felony. These require a minimum sentence of one year in prison. Misdemeanors are classified as either class A or class B misdemeanors in the Alcoholic Beverage Control Law. Any misdemeanor that is not specifically identified should be considered a class A misdemeanor. Sentencing and Fines (does not apply to corporations) Type Sentence Fine Class A Misdemeanors Class B Misdemeanors Will not exceed one year (except for criminal possession of a weapon) Depends on whether or not the person was convicted of previous offenses in the last 5 years Depends upon whether or not the court would consider the sentence unduly harsh Will not exceed three months Will not exceed $1,000 Will not exceed $500 Unclassified Misdemeanors Violations Specified in the law or ordinance that defines the crime Will not exceed fifteen days No imprisonment will be imposed for violations consisting solely of a fine Will be in agreement with the provisions of the law defining the crime Will not exceed $250 If a person has made money or gained property through the commission of a misdemeanor or violation a fine may be imposed that: y Is fixed by the court y May be up to double the amount of the defendant s monetary gain (not to exceed $5,000) page 8 of 10

Penalties for Corporations Penal Law 80.10 Corporations that violate the Alcoholic Beverage Control Law will be required to pay specific corporate fines outlined in the law. In instances where fines are not specified, corporations are required to pay the following fines: y Felony: Fine not exceeding $10,000 y Class A Misdemeanor: Fine not exceeding $5,000 y Class B Misdemeanor: Fine not exceeding $2,000 y Violation: Fine not exceeding $500 y Up to double the amount the corporation has gained from the commission of an offense In the event that a special fine is identified in the Alcoholic Beverage Control Law for a corporate violation, the fine will be: y An amount within the limits specified by the law y Any higher amount not exceeding double the amount the corporation has gained from the commission of an offense Unlawfully Dealing with a Child in the First & Second Degree Penal Law 260.20, 260.21 A person can be charged with unlawfully dealing with a child in the first degree when: y The person knowingly allows a child under 18 years old to enter or remain in a space where there is: Sexual activity as defined by the Alcoholic Beverage Control Law Activity involving controlled substances or marijuana y The person gives or sells alcoholic beverages to a person under 21 years old. This does not apply if: A parent or guardian provides the alcohol to the underage person The underage person is tasting alcohol as a requirement of a curriculum licensed by the state education department Licensees and servers may be able to present an affirmative defense against the charge of unlawfully dealing with a child in the first degree. See the section in this document titled: Mitigation of Penalties for Serving an Underage Person. Unlawfully dealing with a child in the first degree is a class A misdemeanor. A person can be charged with unlawfully dealing with a child in the second degree when: y The person (owner, lessee, manager, or employee) allows a child under the age of 16 years old to enter or remain in a place where alcoholic beverages are sold or given away unless: The child is accompanied by a parent, guardian, or adult authorized by a parent or guardian An entertainment or activity is being conducted on a premises for or by a non-profit school, church, or other educational or religious institution The establishment is closed to the public for a specific time to conduct an activity or entertainment, the child is on the premises and no alcohol is sold, served, or given away It is permitted by law page 9 of 10

y The person tattoos the body of a child under the age of 18 years old with ink that cannot be removed y The person sells tobacco in any form to a child under the age of 18 years old Unlawfully dealing with a child in the second degree is a class B misdemeanor. Case Law Matter of Al Ronick, Inc. v. New York State Liquor Authority, 157 A.D.2d 656 Matter of Austin Lemontree, Inc., v. New York State Liquor Authority, 147 A.D.2d 476, affirmed, 74 N.Y.2d 869 Matter of Jo Mar Jo Restaurant Corp. v. New York State Liquor Authority, 197 A.D.2d 625 Matter of Culligan s Pub, Inc. v. New York State Liquor Authority, 170 A.D.2d 506 The server sold two alcoholic drinks to an adult male at the bar. The adult male then handed one of the drinks to a female seated next to him at the bar. The female was under the legal age. An alcoholic drink was sold to a male patron at the bar. The patron then gave the drink to a female located three feet from the bar. Four or five bartenders were working at the bar at the time. The female was under the legal age. The server sold two alcoholic drinks to an adult male at the bar. The male returned to a table where a female was seated, and gave her one of the drinks. The bartender had an unobstructed view of the table. The female was under the legal age. (If the view of the bartender had been obstructed, the charge could have been sustained as a result of a multiple delivery.) The server sold two pitchers of beer at the bar and provided five glasses. The beer was consumed by five males at a table situated seven or eight feet from the bar. The bartender had an unobstructed view of the table. One of the males was under the legal age. (If the view of the bartender had been obstructed, the charge could have been sustained as a result of a multiple delivery.) page 10 of 10