Posts Tagged ‘Selling Alcohol’
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.
Wisconsin Bartender License Course
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.
Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses
Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses
Keep your establishment safe and keep current by taking our Responsible Alcohol Manager Training.
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
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
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
U N P U B L I S H E D O P I N I O N
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.
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
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
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.
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.