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Discussing Wisconsin Law for Over-Serving of Alcohol

August 13th, 2012 |

Author: Safe Server

We found these links to discussion of Wisconsin and it’s enforcement of over-serving of alcohol laws.

We thought our bartenders, sellers, and servers might find the information useful.

http://healthymarathoncounty.org/2012/08/bartenders-who-overserve/

http://www.wausaudailyherald.com/article/20120729/WDH0101/207290320/-1/7daysarchives/Watchdog-Report-Overserve-law-seldom-applied-central-Wisconsin?gcheck=1&nclick_check=1

http://www.wausaudailyherald.com/article/20120801/WDH06/208010326/Our-view-Overserving-laws-deserve-enforcement?odyssey=mod%7Cnewswell%7Ctext%7COpinion%7Cs&nclick_check=1

Wisconsin Bartender License Course

Posted in Alcohol Sales, DUI, Managing Alcohol Serving Environments, Wisconsin Alcohol News |

Tags: preventing intoxication, Selling Alcohol, wisconsin state law |

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Vodka can boost problem solving and creativity, finds study

February 16th, 2012 |

Author: Safe Server

Source: NEWJERSEYNEWSROOM.COMBY JOE GREENE
Wednesday, 15 February 2012

I could probably do a better job writing this story if I had consumed some vodka first.

Scientists from the University of Chicago concluded in a recent study that men who are under the influence, but also not legally drunk, were faster and more creative in solving word association problems than men who were sober.

The study, published online in Consciousness and Cognition on Jan. 28, said that sober men approached the task more deliberately, according to psychology graduate student Andrew Jarosz.

This could be why many musicians and artists claim to be more creative after imbibing, researcher Jennifer Wiley was quoted as saying on Gizmodo.com.
“A composer or artist fixated on previous work may indeed find creative benefits from intoxication,” Wiley said.

In the study, two groups of 20 social drinkers were asked to perform a creative problem-solving task, according to an article on the study in sciencenews.org, and the results from both groups were comparable.

Then, both groups watched an animated movie. The volunteers in one of the groups ate a snack and drank enough of a vodka cranberry drink to bring their blood alcohol level just under the 0.08 percent legal limit; the other group of volunteers didn’t eat or drink.

Both groups then took part in another creative problem-solving task. Those with a buzz solved more questions on average, and did so in less time, than those who were clear-headed.

The results of the study support findings of a group at the University of Missouri in Columbia. Psychologist J. Scott Saults’ team related that individuals under the influence become less afraid to make mistakes, which could increase creativity, sciencenews.org reported.

So drink up, and start writing.

Posted in Alcohol Consumption, Alcohol Sales, Bartenders, impairment, Uncategorized |

Tags: drinking, Selling Alcohol |

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Characteristics of Underage Drivers Licenses (All States)

October 29th, 2011 |

Author: laurin

Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses

State	Identifying Licensing Elements
Alaska	License for minors is vertical with “UNDER 21 Until 00-00-0000″ written in white, within a red bar above the photo. For additional information about minor licenses, visit: http://doa.alaska.gov/dmv/akol/teenlaw.htm
Alabama	Minor licenses are vertical. Under 18/21 cards display the words “UNDER 18 UNTIL” and/or “UNDER 21 UNTIL” followed by the date the cardholder will turn 18 or 21 in bold red text. This text is positioned vertically next to the portrait. On older licenses, it is printed in a red header beside the state name and the photo is on the right side of the license. For more information and/or an image, visit: http://dps.alabama.gov/Documents/Miscellaneous/DriverLicenses.html
Arkansas	Vertical format with a black “UNDER 18 UNTIL 00-00-0000″ in a yellow bar below the photo, and a white “UNDER 21 UNTIL 00-00-0000″ in a red bar below yellow bar. Photo and Date of birth have red borders. Also note: an “intermediate” license includes a yellow map of Arkansas and a learner’s permit includes a white map. For more information and/or an image, visit: http://www.dfa.arkansas.gov/offices/driverServices/Pages/samples.aspx
Arizona	Minor license is vertical with newer licenses. “UNDER 21″ (in yellow) Until 00-00-0000″ (in white) beside photo. In older licenses, UNDER 21 Until 00-00-0000 appears in red above the signature and the photo is on the left. A low resolution picture of minor license can be found on page 12 of the Arizona Driver License Manual which can be found here: http://mvd.azdot.gov/mvd/formsandpub/viewPDF.asp?lngProductKey=1420&lngFormInfoKey=1420
California	On minor licenses, photo of minors is on right, with a shadowed image to the left of the photo. White letters “AGE 21 IN (0000)” appears in a red bar; under 18 includes white “PROVISIONAL UNTIL AGE 18″ IN (0000) in a blue bar. For additional information and/or an image, visit: http://www.tobaccofreecatalog.org/productdetails.aspx?id=3&itemno=J611
Colorado	License for minors is vertical. “UNDER 21″ is in red above the photo. Prior licenses included “UNDER 21″ in a yellow bar at the far right of the card or “UNDER 18″ in a red bar at the far right. For additional information about minor licenses, visit: http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1177024843056
Connecticut	License for minors is vertical. “UNDER 21 UNTIL 00-00-0000″ is in red bar to right of primary photo. If under 18, “UNDER 18 UNTIL 00-00-000″ is in yellow bar to left of red bar. Primary photo is on left side with a small duplicate ghosted photo image on bottom right. Learner’s Permit has the state name in yellow. Identification Card has the state name in red in a green bar. For additional information and/or an image, visit: http://www.ct.gov/dmv/cwp/view.asp?a=805&q=447352
Washington, D.C.	Minor licenses are vertical. UNDER 21 UNTIL 00-00-0000 written in red below the photo. Provisional license has a pale green header bar. For additional information about minor licenses, visit: http://dmv.dc.gov/info/adult.shtm
Delaware	License for minors is vertical. Black “18 ON 00-00-000″ in a yellow bar to the right of the photo, or white “21 ON 00-00-0000″ in red bar to the right of the photo. Prior licenses had a white “18 ON 00-00-0000″ and “21 ON 00-00-0000″ in a red block. For additional information about minor licenses, visit: http://www.dmv.de.gov/
Florida	License for minors is vertical. “UNDER 21 UNTIL 00-00-0000″ is in yellow type on a red background to the left of primary photo. State header for Minor License is in yellow type within a green bar. State header for Minor Identification Card is in yellow type within a red bar. For additional information and/or an image, visit: http://www.flhsmv.gov/ddl/newlicense.pdf
Georgia	Minor license is vertical for new licenses with photo on left and red “UNDER 21″ to right of the photo. Birthdate is in black for permanent licenses and in red for interim licenses. Prior licenses are valid until expiration date and have a red header and a red box around the photo with “UNDER 21″ vertically down the left side. “Georgia DRIVER LICENSE” and the birth date are in red. For additional information and/or an image, visit: http://www.dds.ga.gov/news/newsdetail.aspx?id=123 and click on “DDS Brochure additional information and/or an image, New License Design.”
Hawaii	Minor License is vertical with the date of birth printed in black. “21st: 00/00/0000″ and “18th: 00/00/0000″ are printed in white within a red bar to the right of photo. Gradient (dark to light) pink shading exists on top of card with primary photo beneath. Under 21 Licenses and Provisional Licenses have a rainbow appearing underneath photo extending to bottom right. Under 21 Permits do not have rainbow. Previous licenses are valid until expiration date and are vertical with red “UNDER 21 UNTIL 00-00-0000″ above the photo and below the head bar. For drivers under 18, previous licenses have “PROVISIONAL” on the right side in dark pink. For additional information and/or an image, visit: http://www.honolulu.gov/csd/vehicle/hdlsamplesample.pdf
Iowa	Minor license is vertical with “Under 21 UNTIL 00-00-00″ in yellow print in a red block at right. Two photos appear on license with the primary one on the left with “DOB” directly to the right. Previously, minor licenses were vertical with the name, address and date of birth in red. For additional information and/or an image, visit: http://www.iowadot.gov/centralissuance/MM353.pdf
Idaho	Minor under 18 licenses are vertical with a green photo border and white “UNDER 18″ at the top and bottom and a red “UNDER 18 UNTIL 00-00-0000″ at the bottom right. Under 21 licenses have a red border around the photo, with “UNDER 21 UNTIL 00-00-0000″ printed in red in the bottom right part of the license. For additional information, go to: http://www.preventthesale.com/idaho/ids.htm
Illinois	Minor license is vertical, with photo on left. “Under 21 until 00-00-0000″ is printed vertically in white in a red bar to the right of the photo. “Under 18 until 00-00-000″ is printed in black in a yellow bar to the right and beside the red bar. There is a duplicate ghosted image at the bottom right of the card. For additional information and/or an image, go to: http://www.cyberdriveillinois.com/departments/drivers/drivers_license/newdlflyer1.pdf
Indiana	Minor license is vertical with white “Under 21 Until 00/00/0000″ in a red bar to right of photo, and/or a black “Under 18 Until 00/00/0000″ in a yellow bar placed vertically at the right of the photo. If a driver is younger than 18, the word “PROBATIONARY” is printed beneath the state name bar. For additional information about minor licenses, visit: https://myweb.in.gov/BMV/mybmvportal/LicensesAndIDCards.aspx
Kansas	Minor license is vertical with a white “NOT 21 UNTIL 00-00-0000″ in a red bar, or a white “NOT 18 UNTIL 00-00-0000″ in a green bar under the photo. For additional information and/or an image, visit: http://www.ksrevenue.org/pdf/public.pdf
Kentucky	Minor license is vertical. “UNDER AGE 21 Until 00-00-0000″ or “UNDER AGE 18″ UNTIL 00-00-0000″ in red to the right of the photo. For additional information about minor licenses, visit: http://transportation.ky.gov/drlic/Grad/grad_summary.htm
Louisiana	Minor licenses are vertical with a red “Under 21 Until 00-00-0000″ and “Under 18 Until 00-00-0000″ to the right of the photo, at the bottom left with a red frame. The prior license had a “Y” in “MINOR” field, or red “M” in the minor box. For additional information about minor licenses, visit: http://dpsweb.dps.louisiana.gov/OMV1.nsf/58c968bd569b099986256cdc000806eb/f49e283fc26019e8862564ae00546c22?
Massachusetts	Minor license is vertical with red “UNDER 21 DRIVER LICENSE” under the state header. A red “UNDER 18 UNTIL 00-00-0000″ and UNDER 21 UNTIL 00-00-0000 appears above photo. Valid driving times are also noted in red on minor licenses. For additional information and/or an image, visit: http://www.mass.gov/rmv/license/MA_D301brochure1.pdf
Maryland	Minor license is vertical with photo bordered in red and “Under 18 Until 00-00-0000″ or “Under 21 Until 00-00-0000, “both in red, above the photo. UNDER 21 ALCOHOL RESTRICTED is below the photo, in white.
Maine	Minor license is vertical. UNDER 18 UNTIL 00/00/0000″ and “UNDER 21 UNTIL 00/00/0000″ appears stacked to the right of the primary photo. A small duplicate ghosted image is on the right in the middle. For additional information and/or an image, visit: http://www.maine.gov/sos/bmv/licenses/ME_Brochure_8.5x11_Composite.pdf
Michigan	Minor license is vertical. “UNDER 18 UNTIL 00-00-0000″ and “UNDER 21 UNTIL 00-00-0000″ is in red, above the name/address. Date of birth overlaps the shadowed image. For additional information, go to: http://www.michigan.gov/sos/0,1607,7-127-1627_8669-70561–,00.htm
Minnesota	Minor license is horizontal. Photo has a red border and “UNDER 21″ is printed in yellow at the top of the photo. If under 18, the license states “PROVISIONAL” and the date that the minor will turn 18 is in red text to the right of the DOB. For additional information, go to: http://www.municipalbev.com/images/driverslicense.pdf
Missouri	Minor license is horizontal. The primary photo is on the left and “UNDER 21 UNTIL 00-00-0000″ is at the top, in red text. For drivers under 18, “Missouri” is in purple and “INTERMEDIATE LICENSE” is beneath the state name on the top left. A small duplicate ghosted photo is on the bottom in the middle. For more information and/or an image go to: http://dor.mo.gov/pdf/newlicense.pdf
Mississippi	Minor licenses are vertical with state name in green and “UNDER 21 UNTIL 00-00-0000″ in white text, below the photo in a red bar. UNDER 18 UNTIL 00-00-0000 is in black, and is in the yellow bar beneath the UNDER 21 red bar. The year of birth is above the shadowed photo image, and the license may include a yellow “INTERMEDIATE LICENSE” in heading. For more information, see http://www.dps.state.ms.us/dps/dps.nsf/webpages/dlinfo_DriverLocationLocation?OpenDocument
Montana	Minor license is vertical with “Under 18/21 UNTIL 00/00/0000″ in a red bar vertically to the right of the photo. For additional information about minor licenses, visit: http://www.doj.mt.gov/driving/driverlicensing.asp
North Carolina	Minor license is vertical. “Turns 21 on 00-00-0000″ is highlighted in red to the right of the primary photo. “Turns 18 on 00-00-0000″ is highlighted in yellow to the right of the photo if applicable. Small, duplicate ghosted image is at the bottom right. For more information and/or image go to: http://www.ncdot.org/_graphics/site_graphics/dmv_driver_first_vrtlicense1.png
North Dakota	Minor licenses are vertical with a white “Turns 21 on 00-00-0000″ in a red bar, and if applicable, “Turns 18 on 00-00-0000″ in a yellow bar on the right side of the photo. For more information and/or an image, go to: http://www.dot.nd.gov/divisions/driverslicense/dlnewlicense.htm
Nebraska	Minor license is vertical with a red “UNDER 18 UNTIL 00-00-0000″ and/or “UNDER 21 UNTIL 00-00-0000″ under state name. For more information and/or image go to: http://www.dmv.ne.gov/dvr/images/sample_minor_dl.jpg
New Hampshire	Minor license is vertical with photo under state header. “UNDER 18 UNTIL 00-00-0000″ is in white text in a pink bar. “UNDER 21 UNTIL 00-00-0000″ is in white text in a red bar below the pink bar in the lower left of the license. For more information and/or image, go to: http://www.nh.gov/safety/divisions/dmv/driverlic/index.html
New Jersey	Newer minor license is vertical with “UNDER 21 UNTIL 00-00-0000″ in red frame around photo with yellow print. For more information and/or image, go to: http://www.state.nj.us/mvc/manuals/chap_01_02.html
New Mexico	Minor license is vertical. “UNDER 21 UNTIL 00-00-0000″ is in white text in a red bar and “UNDER 18 UNTIL 00-00-0000″ is in white text in a pink bar, in the lower left of the license. For additional information about minor licenses, visit: http://www.mvd.newmexico.gov/Drivers/New-Drivers/pages/Your-First-Driver-License.aspx
Nevada	Minor license is vertical. Red ‘UNDER 21 UNTIL 00-00-0000″ and ‘UNDER 18 UNTIL 00-00-0000″ to the right of the photo. For more information and/or image go to: http://www.dmvnv.com/dldesign.htm
New York	Under 21 Until 00-00-0000 and/or “Under 18 Until 00-00-0000″, ID number and date of birth are printed in red on the right side of the photo. Under 18 licenses have LIMITED in red on the right side of the card. For additional information about minor licenses, visit: http://www.nydmv.state.ny.us/license.htm#drivingage
Ohio	Minor license is vertical, with a red header. The photo is in the top left and has a red border. Red “UNDER 18 UNTIL 00-00-0000″ and “UNDER 21 UNTIL 00-00-0000″ appear at the bottom right and overlap the duplicate ghosted photo. For additional information about minor licenses, visit: http://bmv.ohio.gov/dl_new_driver.stm
Oklahoma	Minor license is vertical, and has the photo in a red border. UNDER 21 UNTIL 00-00-0000 is in white text, in a red border. UNDER 18 UNTIL 00-00-0000 is in a yellow box to the right of the photo. ‘LEARNER PERMIT” or “INTERMEDIATE” is in the header of the license. For additional information and/or image go to: http://www.dps.state.ok.us/dls/gdl.htm
Oregon	Minor license has the photo on the right, bordered in red. UNDER 21 UNTIL 00-00-0000 is in yellow text, at the top of the photo; UNDER 18 UNTIL 00-00-0000 is to the right of the photo. PROVISIONAL LICENSE will be printed on the license if person is under 18. For additional information and/or image go to: http://www.oregon.gov/ODOT/DMV/driverid/SampleCards.shtml
Pennsylvania	Minor license is vertical; black “UNDER 18 UNTIL 00/00/0000″ in yellow bar above photo or white “UNDER 21 UNTIL 00/00/0000″ in red bar above photo. Under 18 licenses have a green head bar with JUNIOR DRIVER’S LICENSE and JR in the map at the bottom right. For more information and/or image, go to: http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-pub7219.pdf
Rhode Island	Minor license is vertical, with blue state name, top bar, and map. If a provisional license, headers are in yellow. The photo is bordered in red, and has UNDER 21 UNTIL 00-00-0000 in white at the top of the license. For more information, go to: http://www.dmv.ri.gov/licenses/
South Carolina	For minors under 18, the license reads UNDER 18 UNTIL 00-00-0000 at the top right, and the photo is framed in green. UNDER 21 UNTIL 00-00-0000 is in the top right, and the photo is framed in red. For additional information about minor licenses, visit: http://www.scdmvonline.com/DMVNew/default.aspx?n=beginner_permits
South Dakota	Below the header, “00-00-0000 – 21st BIRTHDAY” in black, “UNDER 21″ is below photo, and two-digit phantom number of year of 21st birthday below the data area; dates of 18th and 21st birthdays listed on back. Red heading for under 21, green if restricted (shows “R” in restrictions field). For additional information about minor licenses, visit: http://dps.sd.gov/licensing/driver_licensing/teen_drivers.aspx
Tennessee	Minor license is horizontal. If under 21, there is a red bar to the right of the photo with a yellow “UNDER 21 UNTIL 00-00-0000″. Primary photo and address are on the right with license level in yellow title bar. There is small, duplicate ghosted image on the bottom left. For more information and/or image visit page 15 of the Driver’s Manual: http://www.state.tn.us/safety/dlhandbook/DL_HandbookWeb2007.pdf
Texas	Minor license is vertical with red “UNDER 21 DRIVER LICENSE” and red “UNDER 21 UNTIL 00-00-0000″ above person’s name. For Minor license is vertical with red “UNDER 21 DRIVER LICENSE” and red “UNDER 21 UNTIL 00-00-0000″ above person’s name. For additional information about minor licenses, visit: http://www.txdps.state.tx.us/DriverLicense/teenDriver.htm
Utah	Minor license is vertical. Red ‘UNDER 21 UNTIL 00/00/0000″ and if applicable, blue “UNDER 19 UNTIL 00/00/000″ above duplicate ghosted image. For more information and/or an image, visit: http://publicsafety.utah.gov/dld/licensing.html
Virginia	Minor license is vertical with UNDER 21 in the header and on the back. UNDER 18 UNTIL 00-00-0000 and UNDER 21 UNTIL 00-00-0000 is on the front at the bottom left. For more information and/or an image, visit http://www.dmv.state.va.us/webdoc/citizen/drivers/newlook.asp
Vermont	Minor license is vertical. Operator license has the head bar in a plum color, and UNDER 21 UNTIL 00-00-0000 in red and UNDER 18 UNTIL 00-00-0000 below the Under 21 date. Junior Operator license has a yellow/orange head bar and the Learner’s Permit has a pink head bar. For more information and/or an image, visit http://dmv.vermont.gov/licenses/drivers/newdrivers
Washington	Minor license is vertical. AGE 21 ON 00-00-0000 and/or AGE 18 ON 00-00-0000 is in black next to photo. For drivers under 18, INTERMEDIATE LICENSE is under the state name. For additional information about minor licenses, visit: http://www.dol.wa.gov/driverslicense/teens.html
Wisconsin	Minor licenses are vertical with a white “Turns 21 on 00-00-0000″ in a red band and, where applicable, a black “Turns 18 on 00-00-0000″ in a yellow band below the photo. For more information and/or an image, visit http://www.dot.wisconsin.gov/drivers/drivers/apply/types/digital.htm
West Virginia	Minor licenses are vertical. Under 21 licenses have a bright blue background, GRADUATED in red text below the heading and TURNS 21 ON 00-00-0000 in white text in a red bar to the right of the photo. Under 18 licenses have a dark red background, with TURNS 18 ON 00-00-0000 and INTERMEDIATE in red below the heading. For additional information about minor licenses, visit: http://www.transportation.wv.gov/dmv/Driver-Licenses/Pages/default.aspx
Wyoming	Minor license is vertical with the photo on the left. Red “Age 21 on 00-00-0000″ and, where applicable, “Age 18 on 00-00-0000″ are below the heading on the right. For more information and/or image, go to: http://www.dot.state.wy.us/webdav/site/wydot/shared/Driver_Services/Driver%20License%20Rules%20of%20the%20Road.pdf (Page 4).
	This information is provided as an education service on Serving Alcohol, Inc., but is not intended to provide legal advice or analysis. This information is not intended to be a complete representation or description of all driver’s licenses. No person viewing this information should rely on this information as complete or accurate descriptions of applicable identification. Any person viewing this information that has any questions about the law or this information should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from the information depicted here.

Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses

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Posted in Alcohol Sales, Bartenders, Managing Alcohol Serving Environments, Uncategorized, Underage drinking |

Tags: Preventing Underage Drinking, Retail Alcohol Sales, Selling Alcohol, teen drinking, underage drinking |

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Minnesota police test compliance so pay attention to ID cards

August 8th, 2011 |

Author: Safe Server

This is a case where a bartender checked the minor’s identification but still served the minor a beer. The minor was accompanied by a police officer, known to the bartender as a police officer, and was served a beer. Read more about this compliance failure below:

This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2008).
STATE OF MINNESOTA
IN COURT OF APPEALS
A10-304
In the Matter of On-Sale Liquor License
Held by Cooper’s Restaurant, Inc. d/b/a Cooper’s Restaurant,
4185 South Robert Trail, Eagan, MN 55123.
Filed November 9, 2010
Affirmed
Collins, Judge
*
City of Eagan
Robert D. Miller, Minneapolis, Minnesota (for relator Cooper’s Restaurant, Inc.)
Sharon K. Hills, Michael G. Dougherty, Severson, Sheldon, Dougherty & Molenda, P.A.,
Apple Valley, Minnesota (for respondent City of Eagan)
Considered and decided by Bjorkman, Presiding Judge; Kalitowski, Judge; and
Collins, Judge.

U N P U B L I S H E D O P I N I O N
COLLINS, Judge

Relator Cooper’s Restaurant, Inc. (restaurant) challenges the decision of
respondent City of Eagan (city) imposing a civil penalty and suspension of the
restaurant’s liquor license following an administrative hearing. The restaurant concedes
that it sold an alcoholic beverage to an underage person, but contends that the city’s

*
Retired judge of the district court, serving as judge of the Minnesota Court of Appeals
by appointment pursuant to Minn. Const. art. VI, § 10. 2
decision is not supported by substantial evidence and is arbitrary and capricious because
the sale was induced by “trickery or deception.” We affirm.

FACTS

In the evening of December 21, 2009, Eagan Police Officer Christopher Meade
went to the restaurant dressed in plain clothes to conduct an alcohol-compliance check;
he was accompanied by Joshua Grubb, an underage purchaser. The restaurant had been
cited for violations of relevant statutes, regulations, or ordinances three times within the
preceding 36 months: twice for selling alcoholic beverages after 1:00 a.m. without having
the requisite special permit and once for selling an alcoholic beverage to an underage
person.

Officer Meade and Grubb entered the restaurant, took seats at the bar, and each
ordered a beer. The bartender recognized Officer Meade from past visits to the
restaurant, and knew him to be a police officer. The bartender asked each man for his
proof-of-age identification. She first examined the Minnesota identification card
produced by Grubb, which showed his date of birth, October 10, 1989, and bore the
legend “UNDER 21” at the top of his photograph. The bartender asked Grubb “if he had
done the 21 shots on his birthday,” and Grubb said, “No.” After looking at Officer
Meade’s Minnesota driver’s license and confirming that he was of-age, the bartender
examined Grubb’s identification card a second time before serving them each a beer.
The restaurant had a card-swipe device, which if used by the bartender would have
scanned Grubb’s identification card and shown that he was 20 years old and underage.
The restaurant also had a bulletin board displaying the date on or before which a person 3
must have been born in order to be 21 or more years old. The bartender, who had nearly
25 years of bartending experience, simply admitted that she “made a total human error”
and “miscalculated” Grubb’s age.

Because the restaurant failed the alcohol-compliance check, the city initiated
administrative proceedings. Officer Meade, Grubb, the bartender, the restaurant’s owner,
and the restaurant’s attorney appeared at the administrative hearing. The restaurant’s
owner argued that the bartender was misled because Grubb’s answer to her question
about drinking 21 shots could be taken as an acknowledgement that he was 21 years old.
But the bartender specifically testified that she never asked Grubb his age or whether he
was 21 years old; she stated that she always looks at the identification-card picture, but
acknowledged that the picture on “[Grubb’s identification card] says under 21.” Her only
explanation was that she “got confused with the birth dates.”

The restaurant’s owner relied on Officer Meade’s presence in support of his
argument that Grubb misrepresented his age, contending that a fair assumption would be
that “they’re to tell the truth.” The bartender agreed that she respected Officer Meade’s
position as a police officer and did not expect him to try to trick her, and she stated that
Officer Meade’s presence “probably” influenced her decision to serve Grubb. The
restaurant’s owner acknowledged that the restaurant had failed alcohol-compliance
checks in the past and that he was aware that alcohol-compliance checks are conducted
by police officers accompanied by underage persons.

The city’s administrative-hearing officer issued a decision concluding that the
restaurant served alcohol to an underage person. The city ordered the restaurant to pay a 4
$2,000 civil penalty and suspended its liquor license for 30 days. This certiorari appeal
followed.

D E C I S I O N

Municipalities have broad discretion in the issuance, regulation, and revocation of
liquor licenses. Hymanson v. City of St. Paul, 329 N.W.2d 324, 326 (Minn. 1983); In re
On-Sale Liquor License, Class B, 763 N.W.2d 359, 365 (Minn. App. 2009). A
municipality may impose a civil penalty and suspend a liquor license based on the
licensee’s failure to comply with an applicable statute, rule, or ordinance relating to
alcoholic beverages. Minn. Stat. § 340A.415 (2008). The suspension may not take effect
until the licensee has been provided with an opportunity for an administrative hearing.
Id. This court may reverse or modify the municipality’s decision if the decision is
arbitrary and capricious, unsupported by substantial evidence, or affected by an error of
law. Minn. Stat. § 14.69 (2008). Reversible error must be shown by the party claiming
it. On-Sale Liquor License, 763 N.W.2d at 366.
Under Minnesota law, it is unlawful to sell or give an alcoholic beverage to a
person under 21 years of age. Minn. Stat. § 340A.503, subd. 2(1) (2008). Proof of age
may be established only by one of the government-issued forms of identification
enumerated in the statute, including a Minnesota identification card. Id., subd. 6(a)
(2008). A person prosecuted for selling an alcoholic beverage to an underage person has
an affirmative defense of reasonable, good-faith reliance only if the reliance is on proof
of age as established by one of the authorized forms of identification. Id., subd. 6(b)5
(2008). With exceptions not relevant here, the act of an employee of a licensed
establishment is deemed to be the act of the licensee. Minn. Stat. § 340A.501 (2008).
Under the Eagan city code, a licensee’s fourth violation within a 36-month period
calls for a $2,000 civil penalty and a 30-day suspension of its license. Eagan, Minn., City
Code § 5.02, subd. 4(G) (2009). A violation includes any failure to comply with any
applicable statute, regulation, or city-code provision relating to alcoholic beverages. Id.,
subd. 4(F) (2009).

The restaurant concedes that it sold an alcoholic beverage to Grubb, who was 20
years old, but argues that “the deceptive manner in which the [alcohol-compliance] check
was conducted rendered the transaction capricious” and that “evidence gained from the
use of trickery or deception” is not substantial evidence. In support of this contention,
the restaurant relies on Wajda v. City of Minneapolis, in which the supreme court stated
that an administrative agency abuses its discretionary power through “unreasonable,
arbitrary, capricious, or fraudulent action.” 310 Minn. 339, 343, 246 N.W.2d 455, 457
(1976) (quotation omitted).

The restaurant suggests that Grubb’s response to the bartender’s question about 21
shots, coupled with Officer Meade’s status as a police officer, amounts to fraudulent
behavior within the meaning of Wajda. We disagree. It is undisputed that: (1) Grubb
produced his valid Minnesota identification card; (2) the bartender failed to utilize the
readily available card-swipe machine, never asked Grubb’s age, and ignored the
qualifying date of birth displayed on the bulletin board; (3) Officer Meade made no
representation as to Grubb’s age; and (4) the restaurant was aware that the city 6
occasionally conducted alcohol-compliance checks with police officers accompanied by
underage persons. These facts negate the suggestion that the illegal sale was induced by
fraudulent behavior on the part of the city.

Moreover, as a matter of law, the sole source of verification of Grubb’s age upon
which the restaurant was entitled to rely was his Minnesota identification card. The card
stated Grubb’s date of birth, showing him to be 20 years old, and bore the legend
“UNDER 21” at the top of his photograph. See Minn. Stat. § 340A.503, subd. 6(b). The
city’s decision to impose a civil penalty and suspend the restaurant’s liquor license is thus
supported by substantial evidence and is not arbitrary and capricious.
Affirmed.

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Posted in Alcohol Sales, Bartenders, Minnesota Alcohol News |

Tags: compliance check, Preventing Underage Drinking, responsible alcohol service, Selling Alcohol |

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We offer Illinois BASSET certification training online now!

August 1st, 2011 |

Author: Safe Server

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.

Illinois BASSET certification training click here to enroll in our online course.

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.

BASSET- Beverage Alcohol Sellers and Servers Education and Training “Training Servers to Serve Responsibly”

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.

ILLINOIS LAWS AND PENALTIES CONCERNING MINORS:

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

Laws Regarding Alcohol Sales and Service, DUI and Victims= Rights

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.

MINORS

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: The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage and The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition.

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.

DRIVING UNDER THE INFLUENCE (DUI) LAWS-

In 1997, .08 became the legal limit of blood-alcohol content (BAC).

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

ILLINOIS DRIVERS LICENSE AND ID CARDS

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.

Illinois Drivers License

New, digital driver=s license and ID cards were issued in February of 1998.

Features include:

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.

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