Attachment 2 Dramshop - Sports Lounge October 2008.pdf

Dram Shop

Dram Shop Liability

Dram Shop Liability:

Refers to the body of law government governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties as a result of alcohol-related car crashes and other accidents.

• Alcohol - What is it?

- Whether called ethyl alcohol or “beverage alcohol”, it is a chemical that affects the brain and nerves in the spinal cord

- Alcohol is found in night-time cough medicine, vanilla extract, vinegar, and pickles

- One drink = one beer = one cocktail = one straight drink

• Intoxication

- Occurs when there is more alcohol in the body than the body can eliminate

- Factors such as speed of intake, type of drink, weight, medication and tolerance can affect intoxication level

• Blood Alcohol Concentration (BAC)

- Affected only by the amount of alcohol, amount of time, and body weight

- Can be arrested for DWI with a BAC of .08%

-- BAC may not peak for up to 1 hour after a drink

(See attached blood alcohol concentration chart)

• How alcohol affects the body

- Liver turns 95 percent of the alcohol into carbon dioxide and water

- After one drink, it takes 6 hours for the body to become alcohol free

- Remember, BAC may not peak for up to 1 hour after one drink

• Food and Alcohol

- Alcohol does not break down in the stomach like food, but enters the blood stream through the small intestine

- When stomach is full of food, the muscle that joins the stomach and small intestine closes some to regulate the amount of food (and alcohol) entering the small intestine

- Food doesn’t protect against intoxication but lowers the level of intoxication

• Old wives tales about alcohol

- Hangovers are caused by (a) red wine (b) switching drinks (c) cheap liquor/beer/wine

- It’s a sign of maturity to be able to hold your liquor

- Beer drinkers don’t become alcoholics

- Alcoholics have to drink every day

- Beer drinkers get fat; Wine /liquor drinkers don’t

- Alcohol is a stimulant . . .that’s how the “life of the party” gets that way

- Alcohol makes a good “warm up” when its cold

- Black coffee or a cold shower will sober you up

• Tolerance

- Because people feel or appear to be normal, they attempt or are permitted to do things that require physical skills and decision making abilities such as driving

- Some people appear to function normally after drinking above average amounts

- Tolerance occurs when the liver begins to break down alcohol more efficiently or the brain and nerves become “used” to alcohol. More drinks are needed to get “Happy”

- Tolerance is short lived. It decreases as body organs become damaged.

• Fatal effects of alcohol

- Drunken drivers account for approximately half of all U.S. driving deaths

- Traffic deaths involving drunken drivers occur every 23 minutes

- Alcohol is a factor in up to 70 percent of all drowning deaths

- Approximately 30 percent of all suicides involve alcohol

- Approximately 19 percent of all boating accidents are alcohol related

• Background

- Committed to reducing alcohol related problems

-- Particular emphasis on drinking and driving

-- The seller plays a vital role

• HQ USAF/SV and AFSVA/SVOHC

- Makes and issues policy on control, sale, & use

(AFI 34-119)

• MAJCOMS are responsible to enforce policies

- Approving authority for requests for exceptions

• Wing Commanders

- Should discourage excessive use, create environment that makes nonuse acceptable

- Must supplement AFI 34-119 through MAJCOM

General Responsibilities

• General Responsibility

- As a matter of policy, the Armed Forces, consistent with mission needs, will cooperate with federal, state, and local officials even though there is no legal obligation to do so

»Extent of Control

»Hours of Operation

»On-premise Consumption

»Social Functions

»Sales Promotions

Alcohol Deglamorization Policy

Liability

• The Dram Shop Theory

• Publish operating instructions

• Servers read OIs and sign a statement of understanding

- Annotate on employees training record

• Safeguards/Controls

• Management Responsibilities

- Train the seller

- Retrain the seller when necessary

- Offer patrons activities independent of alcohol

- Support employee decisions

• Server/Seller Responsibilities

- Encourage responsible use of alcohol

- Recognize symptoms of intoxication

- Techniques to approach patrons that are intoxicated

- Techniques to cut-off patrons that are intoxicated

- What to do after you cut-off patrons that are intoxicated

• Recognizing symptoms of intoxication:

Fumbling Weaving Stuttering

Excessive Profanity Gulping Drinks

Telling Jokes Slurred Speech Daydreaming

Nausea Droopy Eyelids Dancing

Excessive Touching Staggering Crying

Trembling Leg Jiggling Mood Change

Not Answering Whining Losing Balance

Faulty Thinking Hostility Yawning

• How alcohol affects the body

- Inhibitions are relaxed

- Judgment is impaired

- Reactions are slowed

- Coordination shows marked decrease

• First stage - Inhibitions

- Being overly friendly

- Speaking loudly

- Drinking alone

- Acting “BIG”

- Annoying other customers

- Changing from loud to quiet

- Changing from quiet to loud

• Second Stage - Judgment

- Complaining about strength of drink

- Ordering doubles

- Using foul language

- Buying “rounds” for strangers or for the house

- Being belligerent

- Changing consumption rate

- Arguing

- Being careless with money

- Making irrational statements

• Third Stage - Reactions

- Lighting more than 1 cigarette at a time

- Glassy eyes

- Losing train of thought

- Unable to light a cigarette

- Eyes not focused

- Slurring speech

• Fourth Stage - Coordination

- Unable to pick things up

- Can’t find mouth with the glass

- Stumbling

- Bumping into things

- Swaying, falling

- Spilling drink

- Unable to sit straight on chair or stool

- Dosing

• Prevention of intoxication

- How you can make a difference

• Think ahead of your patrons

• When a patron arrives, chat with them before selling alcohol

• Do not sell a new drink before ensuring the old drink container is thrown away (if they are within your sight)

• Do not serve more than one drink per person (local policy??)

> Remember that you have the right and the responsibility to refuse service of alcohol to any person who is:

» Obviously intoxicated

» In danger of becoming a drunk driver

» Below legal drinking age

Liability

• Cut-off tips

- Use a non-judgmental approach

- Be firm

- Minimize the confrontation

- Alert a backup prior to cut-off

• What to do after cut-off

- Find a sober buddy that will take the matter in hand

- Offer food or a nonalcoholic beverage from your sundry sales

- Arrange alternate transportation for them (call a taxi or SPS if you have to...don’t let them drive)

- Get them a room for the night

- Try to make sure your patron leaves with all personal possessions

• What to do after cut-off

- Alert management of SPs if it looks like things are getting out of hand

- Try to get patron’s keys if he or she tries to drive

- Promptly report any incident that could result in a potential claim to the SV/CC or director

• Aiding in responsible use of alcohol

- Perceived disadvantages

• Potential loss of tips

• Manager will overrule me/fire me

• Against my nature

• Not humanly possible

> Too Dark

> Crowded

• Potential loss of customers

• Fear of being wrong about need to cut-off

• Fear of violence

• Aiding responsible use of alcohol

- Advantages

• Getting rid of intoxicated patrons helps business

> Drunks scare other customers away

• Tips increase from those who appreciate your help

• Offering nonalcoholic drinks and good times will attract new customers you never had before

• Stopping drunk driving keeps everyone safe

• Lowers risk of being used

• Decreases drunken hassles or advances