Hsp_mgmt 1133 1st Edition Lecture 32 Outline of Last Lecture I. Qualifications for liquor license II. Jurisdiction of agencyIII. Things regulated by Mo liquor lawsIV. Agency procedureV. Dram shop liabilitya. History of dram shopb. Dram shop in MO Outline of Current Lecture VI. Dram shop liability continueda. Aramark caseb. Negligent entrustment examplec. Liability of social hostsVII. ARTOSa. DWIsCurrent LectureSale of alcoholic beverage may be proximate cause of personal injuries or death--requirements--(dram shop law). (Continued from last lecture)537.053. 1. Since the repeal of the Missouri Dram Shop Act in 1934 (Laws of 1933-34, extra session, page77), it has been and continues to be the policy of this state to follow the common law of England, as declared in section 1.010, RSMo, to prohibit dram shop liability and to follow the common law rule that furnishing alcoholic beverages is not the proximate cause of injuries inflicted by intoxicated persons. These 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.2. Notwithstanding subsection 1 of this section, a cause of action may be brought by or on behalf of any person who has suffered personal injury or death against any person licensed to sell intoxicating liquor by the drink for consumption on the premises when it is proven by clear and convincing evidence that the seller knew or should have known that intoxicating liquor was served to a person under the age of twenty-one years or knowingly served intoxicating liquor to a visibly intoxicated person. 3. For purposes of this section, a person is "visibly intoxicated" when inebriated to such an extent that the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction. A person's blood alcohol content does not constitute prima facie evidence to establish that a person is visibly intoxicated within the meaning of this section, but may be admissible as relevant evidence of the person's intoxication. 4. Nothing in this section shall be interpreted to provide a right of recovery to a person who suffers injuryor death proximately caused by the person's voluntary intoxication unless the person is under the age of twenty-one years. No person over the age of twenty-one years or their dependents, personal representative, and heirs may assert a claim for damages for personal injury or death against a seller of intoxicating liquor by the drink for consumption on the premises arising out of the person's voluntary intoxication. 5. In an action brought pursuant to subsection 2 of this section alleging the sale of intoxicating liquor by the drink for consumption on the premises to a person under the age of twenty-one years, proof that theseller or the seller's agent or employee demanded and was shown a driver's license or official state or federal personal identification card, appearing to be genuine and showing that the minor was at least twenty-one years of age, shall be relevant in determining the relative fault of the seller or seller's agent or employee in the action. - Says that the Good Faith applies in dram shop cases6. No employer may discharge his or her employee for refusing service to a visibly intoxicated person.Miscellaneous other dram shop issues:Is dram shop limited to traffic cases?- Most are based on traffic cases but it does not limit it to traffic cases- Any problem behavior caused by alcohol can result in a dram shop case (assault, sexual assault, etc)Should you take a customer’s car keys?- Should a bar accept car keys from a person who says to take their keys because they’re drunk and don’t want to do anything stupid?o Yes- it is public safety, promoting responsible activity, etco No- by accepting the keys you are accepting responsibility of your own because you are now responsible for they keys o Don’t accept keys but call the person a cab to accept some responsibility Recent examples Aramark- food service company- Had a contract to sell alcohol at NY Giants football game, during a game they sold a man 10 beers, more than one at a time and past the 3rd quarter which are both illegalo He got in a car and killed 4 people on the highwayo Family sued Aramark, NFL, Giantso Family received verdict for 135 million dollars Negligent entrustment example- Westport KC- customer locked his keys in his car and asked bar employees for a hanger to open it, bar employee went out and helped him open his door and he got inside and drove away; he ended up being very drunk and hitting and killing someone o Sued the bar for negligent entrustment of a dangerous instrumentLiability of Social hosts- Social host- private person or organization who does not have a liquor licenseo Are social hosts liable? There is no civil liability for social hosts in MO. You cannot sue social host in MO for a dram shop case because they do not have a liquor licenseo You can impose criminal liability on social hosts for doing something like serving an underage person Alcohol related traffic offenses---aka ARTOSDWI----What two adverse legal consequences?1. Criminal charge under which law(s)- under state or local laws, (DWI is not a federal crime, only state or local laws)2. Administrative- agency that gives you your drivers license can revoke itHow many Criminal prosecutions?- 1 criminal prosecution under 1 DWI- you can only be charged under state or local laws, not both.If the person has never had DWI before the city will handle it, if they have had more than one or if the DWI resulted in hurting or killing someone the state will prosecute it“Driving a motor vehicle in an intoxicated condition”- The government must prove that a person is driving a motor vehicle in an intoxicated condition in order to give a DWI- What do these terms mean?- Driving---What does this mean? Car does NOT have to be moving, you only have to be in control of it (so if you’re behind the wheel and the engine is running you can get a DWI even if it is stopped)- Motor vehicle? Includes riding lawn mowers, and motorized wheel chairs- Intoxicated condition---may be alcohol, controlled substances or a combination of the both; Ex: booze and cocaine, or just cocaine Typical DWI stop:(1)Legal initial encounter- Probable cause or reasonable suspicion- objective grounds, so if the person was speeding, weaving, had expired license tags, tail light out, almost anything