HSP-MGMT 1133 1st Edition Lecture 31Outline of Last Lecture I. Alternative theories to negligencea. Breach of warrantyb. Strict liability c. Tort theoriesd. Contract theoriesi. Common fact situations in food lawsuitsOutline of Current Lecture II. Qualifications for liquor license III. Jurisdiction of agencyIV. Things regulated by Mo liquor lawsV. Agency procedureVI. Dram shop liabilitya. History of dram shopb. Dram shop in MO Current LectureQualification for license under State law- Must be of good moral character- Must be a tax payer- No limit on number of liquor licenses distributed in MOCities and Counties occasionally set additional standards for licensesThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Usually the standards are consistentJurisdiction of agency-Powers of liquor control agents- Liquor and Tobacco Control Agency- They do three things: o Licensing- investigating liquor license applicationso Inspection- inspects places that do have a licenseo Enforce the liquor lawso Have the power to arrest for violation of liquor laws...not things like drunk driverso Have the power to carry firearms-usually don’t unless they are investigating illegal production of alcohol like people who make moonshineo A lot of the tasks that were formally done by the Liquor and Tobacco Control Agency is now done by police officersThings regulated by MO liquor laws: Selling without a license- This is a crime- even if you buy a keg and have a party and are charging $5 for people to drink from the kegHours of sale- generally between 6am and 1:30am; some bars can sell until 3am in STL and KC because they fall in special convention districts where this is allowedActivity on the licensed premises- restricts things that border obscene behavior- Juice bar- places that don’t have a liquor license - Ex: Club Vogue- cannot drink there because they voluntarily gave up their liquor license because they kept getting patrolled for lude and lascivious conduct which comes along with having a liquor licenseRestrictions on locations of bars- new bars cannot be within 100 ft of a school or a church under state law- If a bar is there first before the school or church then it is okay - Bar has to deal with local zoning ordinances which can restrict where they can be locatedAges of Employees and customers- National Minimum Drinking Age act of 1984- To pour alcohol- must be 21- If 50% of sales are due to food then 18 year olds can serve alcohol, but not pour it- Customers- must be 21 to drink or purchase- No law regulates the age a person has to be to be inside of a bar—it doesn’t violate any state law for an 18 year old to be inside a bar... only if they purchase alcohol or consume alcohol or attempt any of those things- Bars are free to exclude people under 21 if they want to - National Minimum Drinking Age act of 1984- conditioned federal highway funds on increasing the drinking age in a particular stateSelling to a minor- Good Faith defense- Misdemeanor- Can result in getting your license taking away if happens repeatedly- Good Faith defense- if you card somebody and the ID picture looks like them and the IDis from one of the bordering states of MO; so, you did everything you were supposed to do but you got burned by a fake ID— this a potential defense for selling to a minorAgency procedure:- Complaint- customer, parent, competitor, police officer, someone must log a complaint- Investigation- they will investigate the complaint- Show cause- show cause order-- says we’ve made a preliminary investigation and we invite you to show us why we shouldn’t impose discipline on you - Conference- talk about what happened and why- Decision/Hearing- possible charges, or dropping them Pepper’s Night Club problems- they were allowing drug deals to go on on the premise, allowing prostitution and fights to happen regularly; county prosecutor closed the club because itwas a public nuisance Dram shop liabilityMissouri liquor control law Section 311- Plaintiff is an innocent victim who has been injured by somebody who left the bar after getting too drunk there- Sues the bar for serving this person until they were too drunk 1.History of Dram shop liabilitya. Definition- civil liability placed on a seller of alcohol for problems related to consumptionof the alcoholb. Why called Third party liability?- also called third party liability because in a typical dram shop case the plaintiff is suing a third party who is indirectly responsible for harming him; - Plaintiff is an innocent victim who has been injured by somebody who left the bar after getting too drunk there- Sues the bar for serving this person until they were too drunk—because the bar has money and insurance so they’ll get more money out of the case if they sue the bar serving them c. Common law rule- no dram shop liability used to exist; changed with the invention of the automobile because so many problems started to occur with drunk driversd. Dram shop statutes- laws within individual states that provide standards for which you cansue sellers of alcohol in the area2. Dram shop liability in Missouri a. 537.053 of Missouri statutes------Prior version Former law allowed for limited dram shop liability Who targeted? Who defendant?- Only person who could be sued was a bar (“a liquor by the drink licensee”) Procedural requirements under prior version- Required that before a civil dram shop case could be filed the plaintiff had to show that there had been a successful criminal prosecution of the bar for selling to a minor or intoxicated person… which is backwards in some form (its harder to win acriminal case than a civil case) Why were dram shop cases difficult to win for the Plaintiff?- Because there had to be a successful criminal prosecution first3.Kilmer et al v. Stefanina's Pizzeria--May 9, 2000Facts- Individual went into Stefanina’s alone and ordered three pitchers of beer while he was there and no food, left drunk (0.15 BAC) and drove on the wrong side of thehighway and hit the Kilmer family, killed one of them and severely injured the rest of them- Charged with manslaughter, he had the lowest amount of insurance which would not cover this whole situation, so the Kilmer’s lawyer wanted to sue Stefanina’s for over serving this guy and letting him leave drunk- Lawyer filed suit even though he