Posts Tagged ‘alcohol sales’
On June 16, 2011, The National Restaurant Association, The Council of State restaurant Associations, The National Federation of Independent Businesses filed suit against the U.S Dept of Labor over amended FLSA regulations concerning the tip credit for tipped employees. The organizations are suing for declaratory and injunctive relief from a new regulation that the DOL issued April 5th, 2011
The new tip credit notification rule took effect on May 5th, 2011. To see the rules, visit www.dol.gov. or google FLSA fact sheet #15.
The Dept of Labor allows employers to provide written or oral notice to tipped employers if they elect to take the tip credit. If they elect to do so, then the employer must inform the tipped employee how much of a credit they will take. This new rule will help prevent employers from abusing the tip credit and also keep tipped employees informed about the tip credit. Many servers I have spoken with have no idea really how the tip credit works or what is means. This new rule will promotes awareness about the tip credit and may foster compliance with the rules that have historically been abused by many restaurant owners. A recent study,”Broken laws, unprotected workers,” the most comprehensive examination of wage-law violations in a decade found that of workers who received tips, 12 percent of them reported that their employer had stolen some of their tips.
But NRA President and chief executive, Dawn Sweeny states” We believe the DOL new rules put in effect with just one months notice and with out properly considering their impact on the nations nearly 1 million restaurants are confusing and will expose our members to regulation violations and enforcement actions.”
Applebee’s Restaurant who were also unhappy filed suit against the DOL and lost. On April, 21st, 2011 The court of Appeals for the Eight circuit affirmed the DOL’ had the right to impose the new tip credit notification.
The NRA also stated that restaurants now face unnecessary regulatory burden and expense in complying with the new tip credit notice requirements. But familes also face a economic burden when employers don’t follow the laws. Annette Bernhardt, an author of the study, said,”When unscrupulous employers break the law, they’re robbing families of money to put food on the table. they’re robbing communities of spending power and they’re robbing governments of vital tax revenues.”
Knowledge is power and perhaps if more tipped employees understand what the tip credit is and when its abused, more employers will be forced to comply. Perhaps the NRA should invest its time educating business owners about these regulations rather than suing the government.
servingalcohol.com is an approved online Illinois BASSET certification alcohol seller/server training school. The course is completely online, self-paced, available on-demand 24 hours a day, and works on any computer.
Once you complete the course, you will be BASSET certified and you can print your temporary BASSET certificate. Your official BASSET certification card will be mailed to you directly from the Illinois Liquor Control Commission.
The Beverage Alcohol Sellers and Servers Education and Training (BASSET) program is the State of Illinois’ seller/server training program. Under the licensing and regulatory auspices of the Illinois Liquor Control Commission (ILCC), the BASSET Program is designed to encourage sellers/servers of alcoholic beverages to serve responsibly and stay within the law.
- Alcohol Sales and Service
- DUI Laws and Penalties
- How to Properly Check ID’s
- Dram Shop Laws
- Victims Rights
** Citations from the Illinois Liquor Control Act of 1934, Illinois Vehicle Code and Illinois Constitution
ILLINOIS LIQUOR CONTROL COMMISSION
The Illinois Liquor Control Commission (ILCC) is the regulating agency for the Beverage Alcohol Sellers and Servers Education and Training (BASSET) program. A major part of the BASSET program is to make sellers/servers of alcoholic beverages aware of the laws in the State of Illinois pertaining to sales and service of alcoholic beverages, DUI and Dram Shop laws, victims=rights, and how to properly check ID’s. BASSET training is not mandatory in the State of Illinois, but the ILCC does encourage voluntary participation to promote responsible alcohol service and prevent alcohol-related fatalities.
|235 ILCS 5/6-16 (a)(i)||No one may sell or serve alcohol to any person under the age of 21.|
|235 ILCS 5/6-16 (a)(iii)||No one may purchase or provide alcohol to anyone under the age of 21.|
|235 ILCS 5/6-16 (a) (iii) (a)||Violation of the above provisions is a Class A misdemeanor and the sentence shall include, but shall not be limited to a fine of not less than $500.|
|235 ILCS 5/6-16 (a) (i) (a)||Possession of alcohol in either an opened or closed container by anyone under the age of 21 on any street, highway or public place, can result in a Class B misdemeanor.|
|235 ILCS 5/6-16 (iii) (a-1) (c)||Any person can be found guilty of a Class A misdemeanor — or Class 4 felony if resulting in death — if he or she allows or knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the guests is under 21 years of age, the following factors apply:
|235 ILCS 5/6-16 (iii)(a-1)(d)||Any person who rents a hotel or motel room while alcoholic beverages are being consumed by anyone under 21 years of age can be found guilty of a Class A misdemeanor and sentenced up to one year in jail and a $2500 fine. The penalty also applies to the hotel or motel.|
|235 ILCS 5/6-20||Any consumption, possession, purchase or acceptance of any alcoholic beverage as a gift by any person under the age of 21 is forbidden, except during a religious ceremony or under parental supervision in the privacy of a home. Anyone who violates this section shall be guilty of a Class A misdemeanor.|
|OTHER IMPORTANT LAWS|
|235 ILCS 5/6-16(a)(i)||No one may sell, give or serve alcoholic beverages to any intoxicated person.|
|625 ILCS 5/11-502(c)||It is prohibited for any driver or passenger to transport, carry, possess or have any alcohol in a motor vehicle except in its original sealed container.|
|235 ILCS 5/6-24||Every licensee shall cause his or her license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.|
|235 ILCS 5/6-24a(b)||Every retail license holder must hang a sign that reads:A Government Warning: According to the Surgeon General, Women Should not Drink Alcoholic Beverages During Pregnancy Because of the Risk of Birth Defects.|
|HAPPY HOUR LAWS – 235 ILCS 5/6-28(b)|
|It is prohibited to:|
|Serve 2 or more drinks at one time to one person.|
|Sell, offer or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price to any person.|
|Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged to other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor.|
|Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day.|
|Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizesfor such game or contest on the licensed premises.|
|Advertise or promote in any way, whether on or off the licensed premises of the above provisions.|
|DUI penalties for those 21 and over:|
|1st Conviction||A minimum loss of driving privileges for one-year. Imprisonment for a possible one-year term. Up to $2500 in fines.|
|2nd Conviction||A minimum 5 year loss of driving privileges. Possible imprisonment for one year, but 48 hours mandatory jail time, or 100 hours of community service if in 5 year-period. A $2500 fine.|
|3rd Conviction||Class 2 felony with a minimum 10 years loss of driving privileges. Possible imprisonment for 3-7 years. If given probation, possible 30 days of community service. A possible fine up to $25,000.|
|DUI penalties for under age of 21|
|1st Conviction||Loss of driving privilges for a minimum of 2 years. A possible one-year prison term. A fine up to $2,500.|
|2nd Conviction||Revocation of driver’s license for a minimum of 5 years or until the age of 21. Possible imprisonment for one year. Mandatory 2 days jail time or 100 hours community service if in a 5-year period. A fine up to $2,500|
|3rd Conviction||Class 2 felony with loss of driving privileges for 10 years. A possible 3-7 years prison term. If givenprobation, possible 30 days of commmunity service. A fine up yo $25,000|
Preventing underage sales of alcohol begins with properly checking identification. Illinois drivers licenses and identification cards (ID’S) have been redesigned to prevent tampering. The new licenses and ID’s are color coded, consisting of security film and is laminated in plastic to deter any forgery or alteration. Tampering is easier to spot and the new licenses and ID’s are more durable.
If you are not sure of an ID’s authenticity you have the right to refuse service. It would be helpful to have an ID checking guide on the premises of all 50 states.
New, digital driver=s license and ID cards were issued in February of 1998.
- An Illinois drivers license number is located at the top left hand corner with the first initial of the persons last name in front of it followed by 11 digits in red.
- The Illinois logo is blue print. The photos have a blue background and a dark blue box that says either Adrivers licenseds or AID Cardin white. On the top left is written Jesse White- Secretary of State.
- The drivers license expires on the driver(s) birthday.
- On the left side of the driver(s) license and ID, Illinois is printed in blue.
Maria R.-S., 31, of Waukegan, WI was charged with sale/delivery of alcohol to a minor on Oct. 21 at the Pine Meadows Golf Course, 1 Pine Meadow Lane. While conducting alcohol compliance checks within the village, the female subject sold alcohol to an underage person. The subject was subsequently charged and the business was notified of the violation, reports say. She was released and issued a notice to appear in court on Nov. 18 in Mundelein.
November 03, 2010, 03:02 AM
Source: Daily Journal Staff Report (San Mateo, CA)
Clerks at seven businesses were cited for selling alcohol to minors after a decoy operation was conducted by San Mateo police Oct. 28.
The operation used underage cadets acting undercover to attempt to purchase alcoholic beverages from local retailers. The officers and teenage decoys visited 18 establishments that are licensed by the California Department of Alcoholic Beverage Control to sell alcoholic beverages. Seven clerks from different establishments sold alcoholic beverages to the minor decoys.
The following establishments sold alcoholic beverages to minor decoys: Safeway, 860 N. Delaware St.; CVS, 862 N. Delaware St.; 25th Avenue Liquors, 101 W. 25th Ave.; Liquor City, 1230 W. Hillsdale Blvd.; Bob’s Liquor, 522 Peninsula Ave.; Taqueria El Nayarita, 660 E. Third Ave.; and Fiesta Latina Market, 1424 Cary Ave.
In each incident, the clerks selling the alcohol were cited, and the incident involving each establishment was documented for administrative review by ABC, according to police. The cited clerks will face misdemeanor criminal charges and the business owners will face possible administrative charges and fines administered by the ABC.