FSU HFT 3603 - Chapter 12 Liability and the Sale of Alcohol

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Chapter 12 Liability and the Sale of AlcoholLiquor License- Price of a liquor license depends on your background >> more expensive if you have a bad track record- Must prove he has not abused liquor in the past (consumer, seller, driver), has not been convicted of a felony, and is of good character- Required to identify past 5 employers and addresses of the places they’ve lived (background check)Illegal Sales- Business can be liable if served to habitual drunkards and people who are visibly intoxicatedo This can be hard to prove though- Serving underage >> criminal liability- Violating the law = jail time, pay legal fees, injuries, business closed, property damagesUnderage peeps- Acceptable forms of proof of age:o Passport, state issued ID, state issued non-ID card, military ID How many pictures are on your license? Three Shouldn’t accept cracked ID but Florida license does that sometimeso Cannot use birth certificate (must be picture ID…sorry guys)- An establishment (licensee) may not be liable for an underage person acquiring alcoholo Could be out of the scope of the employee >> In this case, the bar cannot foresee the illegal consumption- If a college permits, minors can drink if it is for a class (wine tasting/bartending)- Knowingly selling alcohol to a minor can result in revocation/suspension of license and possibly losing your bar altogetherIf they look drunk…- You should not sell them anymore alcohol- Signs of a drunk person, for those who are oblivious o Slurred speech, bloodshot/glassy/watery eyes, flushed face, poor coordination, buying randos a round of shots, picking fights for no reason, slapping random girls asses as they walk by, thinking you will really join that dance team someone suggested you join while showing your stuff at Coliseum (guilty)- Proving someone is wasted:o Proving signs of intoxication (bartender, customers, and other people who saw this person can testify) >> use expert witnesso Checking BAC levels (breathalyzer) >> .08 or higher is a no noCommon law- Business who sold alcohol is not liable- Imposes liability on the drunk patrono It is the drunk person who CONSUMED the alcohol is liable for injuries to otherso The drunk people are the ones who have to pay for all the damage if they get into a car accident- Drawbacks to lawo Restaurants/bars usually have insurance and assets to help cover the damage, but they are not considered liable, so this money does not helpo The drunk person usually does not have enough money to pay the injured damages, so the injured person does not get any money- Statute for parents to be arrested at a house party if they supply alcohol to minors- Some places you can’t gamble and drink (strip clubs + alcohol = no)Dram Shop Acts- “Dram shop” = what they used to call a bar in the olden days- Imposes liability on a restaurant or bar for certain injuries (law in favor of the plaintiff/injured party)o Purpose of this act: Changed the common law to keep up with the times (cars are now considered weapons b/c they are faster/stronger…think Kanye West song; people did not have access to cars as easily as they do today)- Minority rule: allows patron to sue the bar for injuries when the bar is negligento Bar may claim comparative negligence applies >> will still probably have to pay fines and will probably have their liquor license suspended- Case 12-1 Jell-O shot/Shooters bar >> Plaintiff tried to blame the bar for the death of a boy who voluntarily drank at Shooters and drowned while urinating in the ocean behind the bar >> Did not win the case because the kid voluntarily drank, therefore it is not the bar’s fault under the Dram Shop laws- Bar responsible for injuries from car accidents or fist-fights/violent actsLiability to third parties under dram shop act- 3rd party = person hit by drunk driver- Most states have these laws if you are a visible third person.o You are drunk driving, have an accident, and hit another person. The person who was hit by drunk driver can sue, but the drunk driver can’t- Must be able to prove the person was intoxicated/would be driving a car after drinking- You can sue more than one bar for injuries, but it will usually be allocated between the two barso If you go bar hopping, then all the bars you were visibly drunk at will be liableLiability to passengers in patron’s car- Some states look at passengers conducto If your friend in the car was the one who wanted you drinking, the patron won’t be liable because the friend egged them on (they were asking for it basically)- The bar will be liable if the driver was drinking and the passenger wasn’t- Some states believe that if the passenger gets into a car knowing the driver is drunk, it is negligent to do so and they will have to pay for some of the damage done (comparative negligence) >> A jury will be asked to allocate the liabilityo Page 436 Oklahoma caseo Apportioned between driver, bar, and passenger Bar paid $129,000; bar was 43% liable Total amount is $300,000 $300,000 x .43 = $129,000- Some states say that the passenger could not have foreseen that the bar would continue giving drinks to a visibly drunk person, so the passenger should not take all of the blame- Nevada doesn’t have dram shop lawso If a third party is injured, the bar/restaurant is not liableo The drunk person who caused injury will be completely liableLiquor Liability Insurance- ALWAYS buy liquor liability insurance- Can be bought by bars to protect their establishment from being sued- Cost based on: volume of alcohol sold, prior illegal sales incidents, nature of the establishment, and the hours it’s open- Strategies to avoid liability pg. 438-439- For those of you who don’t have the book, these are just common sense things you would do to avoid liability (Post signs deterring underage drinking, promote non-alcoholic beverages, offer free rides home to intoxicated drivers, limit number of drinks a patron can have)Florida- Florida has very strict social host provision liability- Server in FL has to be 18- Sunday sales restrictions >> Quincy can’t buy alcohol on Sunday; many places can’t buy Sunday before noon***Wisconsin drinking law***- Binge drinking capital of the world- If your parent/guardian/spouse is 21, you CAN drink…even if you are 7 years old- At discretion of bar or restaurantAWOL = Alcohol Without Liquid- People get drunk off inhaling alcohol vapors...considered illegal in 17 states, including Florida (sorry guys,


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FSU HFT 3603 - Chapter 12 Liability and the Sale of Alcohol

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