A Title 4 Off-Sale Basic Training Provider Approved by the Arizona Department of Liquor Licenses and Control

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AACEA

Welcome to America’s Alcohol Certified Education Association, Inc; a Title 4 Off-Sale Basic Training Provider approved by the Arizona Department of Liquor Licenses and Control.

AACEA is a group of Hospitality Industry Professionals who are well versed in all aspects of Alcohol Sales and Service. The founder of AACEA is considered to be an "Expert" in the field of Alcohol Service amongst the legal community.

Our philosophy is to provide Alcohol Server Education focused on customer safety by Promoting Responsible Alcohol Sales and Service.

You can be assured that with AACEA you will be given quality information to help you in your employment as a seller server of alcohol.

Thank you so much for choosing AACEA for your online training.

The Arizona DLLC requires that all persons who work in the capacity of an alcohol seller, server, bartender etc. know the laws pertaining to Spirituous Liquor sales and service. The best way to ensure this is to attend an approved Title 4 training seminar. In fact some employers, for the condition of employment, require this training in order to be considered for a job at their establishment.

You as an employee, of either an on-sale licensed location, or an off-sale licensed location have a responsibility to your customers and to your establishment to maintain a safe environment. This fact is taken so seriously that a liquor license could be revoked if the licensee or staff doesn’t take reasonable steps to protect the customer. The tools you will need to accomplish this will be learned in this seminar.

All materials and components of AACEA, Inc. courses are subject to copyright protection. This includes content, computer codes, presentation, as well as audio recordings and video used throughout this course. This content is owned by Americas Alcohol Certified Education Association, Inc. These materials may not be copied or distributed, in whole or in part, without the prior written permission of AACEA, Inc.

Some sections of this course may have originated from other sources such as content published by the Arizona DLLC, United States Federal Government, as well as other state or local government authorities/agencies that are available for public use. AACEA, Inc. makes no claim of copyright or ownership relating to these works not originated from AACEA.

2 SEMINAR OBJECTIVES

By the end of this course, you should have a clear understanding of the following topics:

1) The liability you as an alcohol seller/server can be accountable for

2) The importance in preventing alcohol sales to intoxicated individuals and minors

3) The importance of preventing drunk driving

4) Arizona Liquor Laws

5) Alcohol and its physical impact on the body

6) The proper way to cut off an individual

7) How to check ID’s and identify fake ID’s

8) How to deny service to a minor

3 Title 4 Training Requirements

The State of Arizona DLLC approves providers that have written programs in compliance with Arizona Statute 4-112(G)(2). The Arizona DLLC requires that all “licensees” also known as owners’ and managers who are actively involved in the daily operations of establishments that hold a liquor license attend a Title 4 Basic and Manager Course. They must complete the course which includes a final exam before a certificate will be issued. This is required for all applicants applying for a liquor license, and training must be completed prior to application submission. The Title 4 Manager Certification is valid for five years from the date of the seminar completion. Those who work in the capacity of an Alcohol Seller, Server, Bartender etc. are not required to attend Title 4 training but they are required to know the laws pertaining to Spirituous Liquor sales and service. The best way for that to happen is to attend an approved Title 4 training seminar. In fact some employers, for the condition of employment, require this training in order to be considered for a job at their establishment. The certificate for Basic Title 4 training is good for three years from the date of the seminar being completed. The DLLC Investigation unit is the Department that oversees Title 4 Education Training. In the case of a state liquor law being violated, the Director of the DLLC might require training or re-training by an approved Title 4 Training Program.

The seminar you are taking part of does not represent all legal issues concerning liquor laws in Arizona State. For any questions that you may have concerning additional laws not covered in this seminar, please contact the Arizona Department of Liquor Licenses and Control at (602) 542-5141

4 Definitions:

This section presents specialized terms used in this seminar and their meanings.

ACQUISITION OF CONTROL: Acquiring CONTROL of a license or licensee. It is subject to passing a background check by the Department. ARS 4-203(F,H).

ABSORPTION: The way alcohol enters the bloodstream. Alcohol is absorbed into the blood through the stomach and small intestine.

ACT OF VIOLENCE: An incident in which one or more of the following occurs:

1. Obvious bodily injuries are sustained.

2. Disorderly conduct of sufficient intensity to require a peace officer to restore order.

3. A weapon is displayed or used.

An "act of violence" must be reported to either the Department or the local law enforcement agency within seven (7) days. ARS 4-101(1), 4-210(A), 4-244(36); Rule R19-1-234

ADDICTION: Physical dependence upon a drug, characterized by withdrawal symptoms in the absence of the drug.

ADVERTISING: Signs and other print material advertising a product and/or an event sponsorship are subject to regulation. Rule R19-1-210, R19-1-250(D).

AGENT: A natural person who is the named representative of and acts on behalf of, or for the benefit of a legally distinct entity such as a club, corporation, limited liability company, partnership, or out of state licensee who holds a liquor license in Arizona. An agent must meet the qualifications of an individual licensee; except that, an agent for an out of state licensee need not be a resident of Arizona. An agent is not synonymous with MANAGER but may be the manager. See MANAGER. ARS 4-202(A).

AGGRIEVED PARTY: A person who resides at, owns or leases property within a one mile radius of a premises proposed to be licensed and who filed a written request with the department to speak in favor of or opposition to the issuance of the license no later than sixty days after the filing of the application or fifteen days after action by the local governing body, whichever is later.

ALCOHOLISM: An addiction to alcohol. A chronic, progressive, treatable disease characterized by a person’s inability to control or stop drinking alcohol. “Denial” that alcohol interferes with a person’s physical, psychological or social problems is common.

5 ALCOHOL POLICY: A policy written by establishments to partner with staff in the In House Policies concerning the sales and service of alcohol.

BAC: Blood Alcohol Content. The amount of alcohol in the blood, determined by the percentage of alcohol in relation to other blood components. For example, .08% BAC means there are eight parts of alcohol per 10,000 parts of blood.

BEER: Any beverage obtained by the alcoholic fermentation or infusion of barley, malt, hops or other ingredients, or any combination of them. ARS 4-101(3).

BONA FIDE GUEST: A person who is actually a house guest or a person whose presence as a guest is in response to a specific and personal invitation. ARS 4-101(5).

CENTRAL NERVOUS SYSTEM (CNS): The brain and spinal cord, which collect, process, and transmit information.

CHEMICAL TEST: If arrested for DUI in Arizona you will be required to take a chemical test. The test will come from either testing your blood, breath, or urine.

CRIMINAL LIABILITY: Crime against the state for which an officer of the state can bring legal action. Society is harmed by an individual breaking the laws of the state. Usually there is no statute of limitations for criminal liability. Property and casualty insurance is not designed to provide coverage for the criminal acts of an insured individual.

CRIMINAL NEGLIGENCE: A person fails to meet a standard level of care that an ordinary person under these conditions would meet, e.g. checking IDs, calculating age, refusing to over- serve patrons, and looking for signs of intoxication.

DELIVERY: The holder of a retail license with off-sale privileges may deliver spirituous liquor off the premises, provided:

1. A record of the delivery is made on a form approved by the Director and retained for two (2) years.

2. The deliverer is at least twenty-one (21) years old.

3. The receiver is at least twenty-one (21) years old.

4. Delivery is made only during LAWFUL HOURS.

5. Payment is received at the time of delivery.

ARS 4-203(H); Rule R19-1-221.

DEPENDENCE: The physical or psychological need for a drug, resulting from continuous use characterized by physical or mental withdrawal in the absence of the drug.

6 DEPRESSANT: A chemical that slows down the processes of the central nervous system.

DESIGNATED DRIVER: A person chosen to be the driver for others who are consuming alcohol. A designated driver does not drink alcohol to ensure that everyone in the group gets home safely.

DETOXIFICATION: The act of removing a poison or toxin, such as alcohol, and its effect from the body. The liver is the human body’s detoxification organ.

DIAGNOSE: Determine an illness from the signs and symptoms a patient exhibits.

DISTILLED SPIRITS: Alcoholic beverages made by distilling the product of fermented grains, fruits, and vegetables. Alcohol content is 40 to 50% or 80 to 100 proof equivalent.

DLLC: The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, employs law enforcement, licensing, auditing, education, publicity, and communication.

DRAM SHOP STATUTE: A law that allows a victim to sue a server or licensee or a social host for damages and injuries resulting from the action of a customer

DRINK EQUIVALENCY: There is the same amount of ethyl alcohol in a 12 ounce bottle of beer, a 5 ounce glass of wine, and 1-1/2 ounces of 80 proof equivalent.

DRUG: A chemical substance that produces a physical, mental, emotional, or behavioural change in the user.

DUI: Driving under the influence.

EMPLOYEE: Any person who performs any service on licensed premises on a full-time, part- time or contract basis with the consent of the licensee. This does not include a person exclusively on the premises for musical or vocal performances, for repair or maintenance or for the DELIVERY of goods to the licensee. ARS 4-101(14).

EMPLOYEE LOG: Each ON-SALE RETAILER must maintain, at the licensed premises, a current log of all persons employed at the licensed premises, including each employee's full legal name, date and place of birth, address and responsibilities. ARS 4-119.

ETHYL ALCOHOL: The alcohol in beverages and the only alcohol that can be consumed without causing severe immediate physical damage.

FERMENTATION PROCESS: A chemical breakdown of fruits and or grains.

GAMBLING: The act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill. ARS 13-3301.

7 IDENTIFICATION: The only acceptable types of identification for the purchase of spirituous liquor are:

1. An unexpired driver's license, from any state or Canada, provided it includes a picture of the licensee.

2. An Arizona identification license.

3. An armed forces identification card.

4. A valid passport or border crossing identification card issued by a government, or voter card issued by the government of Mexico which contains a photograph of the person and date of birth. ARS 4-241(A).

IMPLIED CONSENT LAW: Says that anyone who drives on Arizona’s roads must gives consent to a single test or multiple tests of their blood, breath, urine or other bodily substances so law enforcement can determine alcohol concentration and/or drug content if the person is arrested for DUI under A.R.S. 28-1321.

INCIDENT LOG (LOGBOOK): A daily record of any events occurring in an establishment kept by the licensed premises.

INDUCEMENTS: No ON-SALE RETAILER shall directly or indirectly offer or furnish any gifts, prizes, coupons, premiums, rebates or assumptions of any tax or similar inducements wherein the purchase or consumption of spirituous liquor is required to receive such gifts, etc. This shall not prohibit on-sale licensees from furnishing ADVERTISING novelties of nominal value, as long as such furnishing is not dependent upon the purchase or consumption of spirituous liquor. Rule R19-1-206.

INTOXICATED: Means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would be obvious to a reasonable person. ARS 4- 244(14), 4-311(C). I.P.See INTERIM PERMIT.

LAWFUL HOURS: The sale of SPIRITUOUS LIQUOR is allowed between the hours of 6:00 a.m. -2:00 a.m. Monday - Saturday; and 10:00 a.m. - 2:00 a.m. on Sundays. ARS 4-244(15).

LAW ENFORCEMENT: Government which enforces law. Example: The DLLC enforces Alcohol Law.

LEGAL DRINKING AGE: The age of twenty-one (21) years or older. ARS 4-101(16).

LIABILITY: Responsibility.

LICENSE: Means a spirituous liquor license or an INTERIM PERMIT. ARS 4-101(17).

8 LICENSEE: A person who has been issued a license or an interim permit, or a special event license in accordance with ARS 4-203.02, ARS 4-101(19).

LIQUOR BOARD: Consists of seven (7) members, appointed by the Governor, for a term of three (3) years. ARS 4-101(4), 4-111.

MANAGER: A natural person approved by the Department having the authority to organize, direct, carry on, CONTROL or otherwise operate a licensed business on a temporary or full-time basis. The person responsible for the day to day business. ARS 4-101(20).

MANSLAUGHTER: Causing a death with criminal negligence.

METABOLIZATION: The chemical process of breaking down a substance, such as alcohol, in the body.

MINOR: A person under the age of 21.

NON-ALCOHOLIC BEVERAGE: Any drink that contains less than one-half of one percent (.05%) of alcohol by volume. These beverages are not controlled by the Department and they can be sold to anyone at any time. ARS 4-101(29).

OFF-SALE RETAILER: Any person selling SPIRITUOUS LIQUOR in an established retail liquor store, or a retail store selling other commodities. The spirituous liquor is sold only in the original unbroken package, to be consumed off the premises. ARS 4-101(21).

ON-SALE RETAILER: Any person operating an establishment where spirituous liquor is sold for consumption on or off licensed premises. ARS 4-101(22).

OXIDATION: The process by which the body burns alcohol for elimination. The liver oxidizes 90% of alcohol, at a rate equal to about one average drink per hour

PERSON: Includes partnerships, associations, limited liability companies or corporations, as well as a natural person. ARS 4-101(23).

PREGNANCY WARNING SIGNS: All ON-SALE and OFF-SALE RETAILERS must post one (1) or more of the following sign (which must be obtained from the Department) "Warning - Drinking alcoholic beverages, including distilled spirits, BEER, coolers and WINE, during pregnancy can cause birth defects." These signs must be posted either within twenty (20) feet of each register or behind the bar. ARS 4-261; Rule R19-1-235.

PREMISES: The "licensed premises" means the area from which the licensee is authorized to sell, dispense or serve spirituous liquor, as determined by the diagram on file with the Department. ARS 4-101(24).

9 PRIMARY PURPOSE: The basic fundamental purpose of a business. For example: the primary purpose of a bowling alley is "bowling" and the sale of spirituous liquor is secondary. ARS 4- 201(H), 4-244(23).

REFILLING BOTTLES: No liquor bottle may be re-used for the packaging of distilled spirits, nor may the original contents, or any portion of such contents, be increased by the addition of any substance. Rule R19-1-207.

RENEWAL: Every license expires annually. The Department issues licenses with staggered renewal dates to distribute the workload throughout the calendar year. A licensee who fails to renew his license on or before the due date, shall pay a penalty of $150.00. A license which is not renewed within sixty (60) days after the due date is considered terminated. The Director shall assess (as part of the renewal) a SURCHARGE on all series of licenses. ARS 4-209(J,K,L) The Department shall not renew a license for any person who, on the request of the Director, fails to provide a complete financial disclosure statement. A liquor license will not be renewed for any person who has been convicted of a felony within five (5) years or convicted of an offense in another state that would be a felony in this state. ARS 4-209(A,C), 4-202(D,F).

RESTAURANT: An establishment that obtains at least forty percent (40%) of its gross revenue from the sale of food, and also meets the requirements and guidelines established by the Director. ARS 4-205.02.

RETAIL AGENT: Any person who is authorized to purchase and accept delivery of spirituous liquor for and on behalf of himself and other retail licensees. ARS 4-101(26), 4-222; Rule R19- 1-303.

SAMPLING: Licensed producers, wholesalers, and retails may offer samples of spirituous liquor in specified quantities and under specific circumstances. See Sampling Options ARS 4- 243(B)(2) and (3), ARS 4-206.01(J). For domestic farm winery (series 13) sampling see ARS 4- 244.05, ARS 4-205.04(C)(2), ARS 4-243(B)(2) and (3), ARS 4-206.01(J). For microbrewery (series 3) sampling see ARS 4-205.08(C)(4), ARS 4-243(B)(2) and (3), ARS 4-206.01(J).

SELL: Includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in spirituous liquor. ARS 4-101(28).

SELLER: An individual who sells/sold alcohol.

SERVER: And individual who serves/served alcohol.

SERVICE: The service of alcohol.

10 SIGN LIMITATIONS: No permanent interior or exterior sign, given to a retailer by a supplier, or a sign ADVERTISING spirituous liquor, shall exceed eight-hundred sixty-four (864) square inches. Rule R19-1-210.

SPIRITUOUS LIQUOR: Includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, porter, ale or beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and any liquid mixture or preparation which produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent (.05%) of alcohol by volume. The Department refers to all alcoholic beverages as spirituous liquor. ARS 4-101(29).

TITLE 4 TRAINING: Arizona liquor law training course. The Department may require Title 4 training for applicants, licensees, managers, agents and other employees as provided by A.R.S. 4-112(G)(2).

TORT: A wrongful act, whether intentional or negligent, which causes an injury and can be remedied at civil law, usually through awarding damages.

TOXIC: Poisonous; causing death, harm, or impairment.

UNDERAGE: Means under the age of twenty-one (21) years. ARS 4-101(16).

VENDING MACHINE: A machine that dispenses merchandise through means of coin, token, credit card or other non-personal means of accepting payment for merchandise received. ARS 4- 101(31).

WHOLESALER: Means any person, firm or corporation licensed in this state to sell to retailers and who is engaged in the business of warehousing and distributing brands of various suppliers to retailers generally in the marketing area in which the wholesaler is located. ARS 4- 243.01(E.2).

WINE: A product obtained by the fermentation of grapes or other agricultural products containing natural or added sugar or any alcoholic beverages fortified with grape brandy and containing not more than twenty-four percent (24%) alcohol by volume. ARS 4-101(34).

WINE COMMISSION: Established to promote the ARIZONA WINE industry. It is made up of seven (7) members, appointed by the Governor. ARS 3-552.

11 Responsibilities of a Seller-Server:

The most important responsibility of a Seller/Server is to follow the laws intended to prevent the sale and service of alcohol to minors and intoxicated persons.

Breaking the laws for selling alcohol puts you, your employer, and your customers at risk.

Liability

What are the potential legal consequences of over serving? There are three: Administrative Consequences, Civil Consequences and Criminal Consequences. A liquor licensee in Arizona can be held liable for damages if the licensee or their employee serves an underage person or an intoxicated person if they knew or should have known that such conduct would create an unreasonable risk of harm to others.

Under A.R.S. § 4-311, a “licensee is liable for property damage and personal injuries” including death if the jury finds that the licensee sold alcohol to either:

1. a purchaser who was “obviously intoxicated”; or 2. an underage purchaser without requesting identification containing proof of age or with knowledge that the person was under the legal drinking age.

The licensee is liable if the purchaser consumed the alcohol and the consumption of the alcohol was a proximate cause of an injury, death or property damage.

What can I be sued for?

The legislature defines “obviously intoxicated” as follows:

“Inebriated to such an extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.”

Thus, an Arizona liquor licensee can be sued by customers or strangers for violating A.R.S. § 4- 311 by selling alcohol to an “obviously intoxicated” person or for violating the common law by selling alcohol to a person when the licensee knew or should have known that such conduct creates an unreasonable risk of harm to others.

Important things to remember:

1. You can over serve someone even if you have no evidence that they have had anything to drink beforehand. The only question is whether a reasonable person would believe that

12 you should not have served the person. Under the common law theory, the intoxication does not have to be “obvious.” 2. If you believe that a customer is “obviously intoxicated” when they enter the business, after they have been drinking, or if the customer is “disorderly,” Arizona law requires that you make the person leave the premises within 30 minutes from when you knew or should have known that the person was “obviously intoxicated” or “disorderly.” In other words the liquor licensee has up to 30 minutes in order to find a safe ride to transport the intoxicated person off the premises. If a person is disorderly, however, the licensee should ask them to leave immediately. 3. Any person who seems intoxicated or who has been served an unreasonable amount of drinks should not be served any further alcohol. Counting the number of drinks served should be a general tool you use to determine when alcohol service should cease.

What if the person I over serve does something other than drink and drive?  If you serve someone who is “obviously” intoxicated and that person assaults someone else, you will be liable to the person who is assaulted if you knew or should have known that the person might act violently. This also includes Sexual Assault.  Several Arizona courts have found that a liquor licensee is liable, at least in part, for injuries caused by “acts of violence” ranging from shootings to physical assaults. Juries have awarded damages in excess of $1 million. Many more cases have been settled for several hundreds of thousands of dollars.

What if I serve a minor?

Serving any liquor to a minor can lead to civil liability lawsuit for any foreseeable act that the minor does. You can even be liable to the minor if the minor hurts himself or herself, but you can protect yourself from some liability if you demand to see identification from the person.

You will want to:

1. Examine identification in order to determine whether that identification reasonably appears to be a valid, unaltered identification that has not been defaced. 2. Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification. 3. Record and retain a record of the person’s identification on a particular visit. Records should be kept for a minimum of two years under liquor laws, but you should keep the record for three years in case a lawsuit is filed.

The Identification you demand from your customer must be only one of the forms of Identification that is acceptable in Arizona. A.R.S. § 4-241.

This defense is used in response to a statutory violation, but it should be equally available in response to a common law claim. This defense is not valid if the person serving the underage person knows that the person is underage.

13 Is there anything you can do to avoid being liable? Yes.  Do not serve or sell alcohol to anyone who appears intoxicated or being disorderly.  Do not serve too much alcohol to someone based on the amount of time the person is in your business.  Do not serve or sell alcohol to anyone who is a minor.

Who can sue me?

The person injured can sue you.  This includes someone who chose to get into the car with the person you over-served.  This also includes innocent bystanders who were harmed.

The family of the person injured can sue you.  If it is just an injury, the person’s parents, children, stepchildren, and/or spouse can all sue you. Each can claim his or her own damages.  If there is a death, then the Estate of the person who was injured, as well as the spouse, parents or children can sue you.

Sometimes the person you over-served can sue you.  Particularly if that person was a minor.  If that person dies, his or her family members may still be able to sue you.

What types of damages will I have to pay?

You could be required to pay both compensatory and punitive damages. Compensatory damages compensate a person for out of pocket expenses as well as pain and suffering. The following is a list of what constitutes compensatory damages in Arizona:

 The injured person’s pain and suffering, both the suffering already experienced and to be experienced in the future.  The injured person’s lost earnings. o If the person died: that person’s projected lost earnings over his or her lifetime.  The injured person’s medical and hospital expenses. Even if that person had insurance.  The loss of certain relationships. o If a parent died, the child can sue you for losing out on having a parent. o If a child died (even an adult), the parent can sue you for losing his/her child prematurely. o If a spouse died, the spouse can sue you for losing out on having a spouse. o The loss of enjoyment of life. For instance, if the injured person can no longer jog, or play sports, or read like he or she used to, the person can request damages in addition to the “pain and suffering.”

14 Punitive Damages is defined as Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.

In Arizona, punitive damages may be awarded, but the evidence must establish “something more” than commission of the underlying tort. That “something more” is conduct guided by an “evil mind.” Linthicum v. Nationwide Life Ins. Co., 150 Ariz. 326, 723 P.2d 675 (1986).

The requisite “evil mind” requires proof of one of the following:

1. Intent to cause injury; 2. Wrongful conduct motivated by spite or ill will; or 3. Consciously pursuing a course of conduct knowing that it creates a substantial risk of significant bodily harm.

RAJI Personal Injury Damages 4 (3d ed. 1997). In addition to proving motive of an “evil mind” plaintiff must also show that the conduct involved was aggravated and outrageous Punitive damages are awarded to “punish” the defendant and to send a signal to similarly situated parties not to do what the defendant did. Punitive damages are based upon the wealth of the defendant, thus a bar owner will have to produce detailed financial records so the jury can determine how much it should award to punish you.

Plaintiffs often request punitive damages in “over service” claims. An Arizona jury has awarded as much as $5.5 million in punitive damages against a bowling alley that over served a customer. In Arizona, an insurer may not cover any claim for punitive damages. Thus, even if you have insurance, the insurance company may not pay a punitive damages award.

Criminal Consequences = Criminal Liability

Serving to a minor is a misdemeanor.

In bad enough circumstances, you can be charged and convicted of criminal Manslaughter.

What is manslaughter? “Recklessly causing the death of another person.”

This actually happened in Kansas in 2007, where a man was charged and convicted by a jury of manslaughter for over serving an obviously intoxicated patron who eventually died of alcohol poisoning. The man was sentenced to 4 years in prison.

In one case, an Arizona court held that a person’s conduct in supplying a car’s underage driver with drugs and alcohol satisfied the definition of manslaughter in Arizona. (This was not an over service case, but the principle could be used in an over service situation.)

In Arizona, manslaughter is a Class 2 felony.

15 The punishment for manslaughter also includes the loss of civil rights, like the right to carry a firearm and the right to vote.

Logbook

Below is an example of a logbook entry; first off, by law you do not have to keep one. It is just a very valuable tool that can be used in defense of a Dram Shop lawsuit. For a logbook to be effective, it has to be a book that you cannot add or remove pages from.

16 What to write down: You want to describe in detail every incident in which you refuse to serve or sell someone alcohol. This is a good way to communicate to others who come on shift after you to be aware of persons who might have been cut off or refused sales/service earlier and who might be waiting for you to get off shift before returning to your establishment. Write down the person’s name if possible or at least their description as well as any witnesses. Write down anything the person had to drink. Also describe any type of disturbances in detail. If minors attempt to drink at or frequent your establishment, note that as well. In an eventual lawsuit, a well kept log book can be the best evidence for your defense. If you are working at an On-Sales establishment: Say a person comes into your bar. Leaves sober, gets drunk at another bar and then eventually kills someone. The deceased family sues you and the other bar. The other bar claims you over served them. Well if you have a well kept logbook that logs every patron who appears to be intoxicated and what you did to prevent them from becoming intoxicated, you can use that log book in your defense. And because the log entries would have been made well before you would have any reason to lie, the logbook can be powerful evidence for your defense. If you are working at an Off-Sales establishment: Let’s say you work at a grocery store and a customer comes in and attempts to purchase a six pack of beer from your establishment. You notice they are intoxicated so you deny them the sale. Once you get off work they might attempt to come back and purchase the beer from another employee, but if the first denial has been documented in the log book then the staff just starting their shift will have read the documentation and will be able to “spot” and keep an eye on this customer. The same would go for a minor attempting to purchase alcohol.

Laws about Minors and Alcohol

The act of Minors consuming, possessing, or purchasing alcohol is strictly forbidden and furnishing spirituous liquor to a person who is obviously intoxicated is also strictly forbidden.

You need to know that, the committing any of the following acts constitute a class 1 misdemeanor:

1) If you are of legal drinking age and knowingly allow a gathering of two or more persons who are under the legal drinking age to be in possession of or consume any alcoholic beverages on the/your premises. A.R.S.. §4-241(H)(1)

2) If you sell or furnish alcoholic beverages to a person under the legal drinking age. A.R.S. §4- 244(9)

17 3) If you receive or procure alcoholic beverages with the intent of giving or selling it to a person under the legal drinking age. A.R.S. §4-241(G)You serve, sell or furnish alcoholic beverages to a disorderly or obviously intoxicated person. A.R.S. §4-244(14)

The penalties you face: All of these violations are class 1 misdemeanors. If you are convicted of a class 1 misdemeanor, the maximum penalty is a fine of $2,500 and six months in jail. If it is your first offense, you will probably face a fine of several hundred dollars. However, if you are convicted or plead guilty, you will have a criminal conviction on your record for the rest of your life.

It is a violation of the law if:

 You are under the legal drinking age and you buy, receive, have in your possession or consume alcoholic beverages. A.R.S.. §4-244(9) (class 1 misdemeanor)  You are under the legal drinking age and solicit another person to purchase, sell, give, serve or furnish you alcoholic beverages. A.R.S. §4-241(D) (class 3 misdemeanor)

The penalties you may face:

 The maximum penalty for a class 3 misdemeanor is a fine of $500 and and 30 days in jail.  The maximum penalty for a class 1 misdemeanor is a fine of $2,500 and six months in jail.  If you are a first-time offender, the penalty will probably be a fine only, but you will have a criminal conviction on your record for the rest of your life.

Legal Hours of Alcohol Sales and Service

The legal hours of alcohol sales and service are from 6 am to 2 am, Monday Through Saturday, and 10 am to 2 am on Sundays. However, there is some other information you need to be aware of. For off sale premises all alcohol sales must stop at 2 am. For an on sale licensed premises, at 2 am all alcohol sales and service must stop and all tabs have to be closed out, although your guest does have until 2:30 am to finish their drink. Once it is 2:30 am the drink must be pulled from the guest. If your establishment is licensed to sell ‘to go’ spirituous beverages, such as a six pack of beer, then the alcoholic beverages must be removed from the premises by 2 am.

18 Signs

Pregnancy Warning Sign

An off-sale retailer or an on-sale retailer shall post one or more signs on the premises where spirituous liquor is sold that clearly warns pregnant women of the dangers of consuming spirituous liquor during pregnancy. A sign shall be conspicuously placed in the retail establishment in a position that assures it is likely to be read.

Post Liquor License

All retail licensees must display the liquor license in a conspicuous public area of the licensed premises that is readily accessible for inspection by any peace officer, distributor, wholesaler or member of the public.

Firearm Sign

It is illegal for a person to be on or in a licensed premises consuming spirituous liquor while carrying a firearm. (This does not include peace officers working on assignment). Firearms are not allowed in an On-Sale licensed premises unless it

is the licensee, an employee who has the owner’s

permission, a peace officer, or a person who has a concealed weapons permit.

But, if the licensee has posted the sign that prohibits firearms in their establishment then no person may enter the premises with a firearm, even if they have a concealed weapons permit. If a customer enters the premises with a firearm.

19 WHAT IS ALCOHOL?

Before we go any further, I would like to make a point to you. A pharmacist goes to college for 6-8 years to learn how to dispense drugs. You are learning in 2 hours how to dispense one of the most addictive drugs in the world today. We could very easily make this a 2-day class; a lot of information is being taught to you in a very short period of time. What is Alcohol? Alcohol is alcohol. It doesn’t matter if it’s beer, wine, vodka, gin, bourbon or the alcohol that goes into your automobile’s gasoline. It all has the same molecular break down.

The alcohol we drink is made one of two ways. Beer and wine are made by a fermentation process that is a chemical break down of either fruits and/or grains. Whereas, hard alcohol; bourbon, scotch, vodka, gin, etc. are made by a distilling process. That is a separation of the alcohol from the other fluids via a heating process which creates a stronger more concentrated beverage. Think frozen orange juice. You take the can of thick pulpy O.J., pour it into a pitcher, and add three cans of water. The same amount of OJ is there, it’s just that the volume of the beverage has changed.

That is why twelve ounces of beer, five ounces of wine, and one and a half ounce of 80 proof liquor are all the same. They all have approximately ½ an ounce of pure alcohol in each and every one of them.

What is a standard drink?

20 BAC CHART

How drunk someone will become is measured by a BAC. The Blood Alcohol Concentration is the amount of alcohol in the blood stream according to the body weight. Here is an example of a BAC chart:

Find your weight and see how many drinks you can have before you reach a BAC of .08.

According to this chart, a 180 pound male can consume 4 drinks before he reaches a Blood Alcohol Content of .08.

You know what would be nice if you could do? If you could just post, right in your entrance to your establishment, a great big poster of the BAC chart, you have scales underneath the chart. Your guests walk right in, they step on the scales, you walk over, look at how many drinks they can have, write that number on a post it note, slap it on their forehead, and send them in. But the BAC chart is nothing more than a general guide for you. Other things will factor into the absorbency rate of alcohol that the BAC chart does not consider, such as; were they drinking before they came in? How fast are they drinking? What are they drinking? How has that drink been mixed? Is it a warm, or is it a cold beverage? Are they hungry? Are they dieting? What is their emotional state? Your emotions will change the chemistry of your body at any given point in time during the day.

21 Drugs and Alcohol

Cocaine and alcohol – Increases heart rate and affects coordination and attitude. Marijuana and alcohol – Slows reaction time considerably. Caffeine and alcohol – Creates a false sense of sobriety and insomnia. Prescription medicines - combined with alcohol consumption may be deadly Analgesics (pain killers), cold remedies, or cough medicines – Increases the effect of alcohol.

Amphetamines and alcohol – Creates forgetfulness causing the person to take more of the drug, which can cause an overdose. Over the counter sleeping pills combined with alcohol can cause death. Club drugs mixed with small doses of alcohol can cause death, and have been used as a date rape drug such as GHB, Ecstasy, Ketamine, and Rohypnol. These four can cause an individual to lose control of muscles, drowsiness, and loss of memory.

You also need to be aware of those with disabilities or those who have an illness. An illness or disability can be mistaken for intoxication. It can be very embarrassing to both parties.

Examples of this could be: A stroke victim, Diabetics, Injuries of some kind, Surgery, Cerebral Palsy, Multiple Sclerosis even a head cold can people to come across as being intoxicated. Look for Medic Alert jewelry, as some who have possible life threatening problem wear the jewelry to alert medical professionals.

Alcohol Poisoning

Alcohol depresses nerves that control involuntary actions such as breathing and the gag reflex (which prevents choking). A fatal dose of alcohol will eventually stop these functions. It is common for someone who consumed excessive alcohol to vomit, since alcohol is an irritant to the stomach. There is also the danger of choking on vomit, which could cause death by asphyxiation in a person who is not conscious because of intoxication.

Here are the signs and symptoms of Alcohol Poisoning.

Mental confusion, stupor, coma, or person cannot be roused  Vomiting  Slow breathing (fewer than eight breaths per minute)  Irregular breathing (10 seconds or more between breaths)  Hypothermia (low body temperature), bluish skin color, paleness see the red highlighted below.

If you suspect someone has alcohol poisoning:  Know the danger signals.  Do not wait for all symptoms to be present.

22  Do not leave a person who passes out to “sleep it off”. Be aware that a person who has passed out may die.  If there is any suspicion of an alcohol overdose, call 911 for help. Do not try to guess the level of drunkenness. If they look like they need help, they need help.

If alcohol poisoning goes untreated?  The victim may choke on his or her own vomit.  Breathing slows, becomes irregular, or stops.  Heart beats irregularly or stops.  Hypothermia (low body temperature) may occur.  Hypoglycemia (too little blood sugar) leads to seizures.  Untreated severe dehydration from vomiting can cause seizures, permanent brain damage, or death.

Observe Listen and Evaluate – Guide the guest

Observe, Listen, and Evaluate in order to recognize those who are becoming intoxicated. When people consume alcohol it is going to affect them and they will begin to show signs of intoxication.

50 Likely Signs of Intoxication

1. Loud speech 26. Drowsy 2. Bravado, boasting 27. Bloodshot, glassy eyes 3. Overly animated or entertaining 28. Slurred speech 4. Boisterous 29. Difficulty remembering 5. Overly friendly to other guests and 30. Slow response to questions employees 31. Spilling drinks 6. Drinking alone 32. Rambling conversation, loss of train 7. Drinking too fast of thought 8. Careless with money 33. Trouble making change 9. Urging other people to have another 34. Difficulty handling money, picking drink up change 10. Ordering doubles 35. Lack of focus and eye contact 11. Annoying other guests or servers 36. Difficulty lighting a cigarette 12. Complaining about drink prices 37. Lighting more than one cigarette at 13. Complaining about drink strength a time or preparation 38. Letting a cigarette burn without 14. Argumentative smoking 15. Aggressive or belligerent 39. Clumsy, uncoordinated 16. Obnoxious or mean 40. Difficulty standing up 17. Inappropriate comments about 41. Unusual gait (walk) others 42. Stumbling

23 18. Crude behavior 43. Bumping into things 19. Inappropriate sexual advances 44. Swaying, staggering 20. Foul Language 45. Unable to sit straight in chair or on 21. Irrational statements bar stool 22. Depressed or sullen 46. Can’t find mouth with glass 23. Crying or moody 47. Falling down 24. Radical changes in behavior 48. Mussed hair 25. Speaking loudly, then quietly 49. Disheveled clothing 50. Falling asleep

React - Taking Corrective Action

Once your guest begins to show signs of intoxication, you have to take corrective action:  Slow down the service  Avoid going to the table as often  Offer Food or non-alcoholic drinks  Suggest other activities

Be Clear and Firm If possible, get the guest off to the side. Get back up. Get your manager involved, or another co-worker, the one backing you up should just be aware of the situation in case they are needed. Managers and owners should always back the server and never override the server’s decision. If a manager or owner overrides the server or sellers’ decision, the guest will never see the bartender or the server as someone who has the authority to deny alcohol sales or service.

Keep your temper under control, even if the situation is annoying. Show the customer you won’t change your mind.

At times, the wipe and swipe method is a good way to remove the drink from the guest. Using a bar towel, wipe the bar and when you get to the drink that needs to be removed, simply pick the drink up as if you are wiping under it and remove it from the guest.

Express your concern for their safety and let them know you would like to see them return to your establishment.

Do not make judgmental statements such as “you’re drunk.” Be courteous and firm about your refusal to serve them any more alcoholic beverages and walk away.

24 Be Consistent Do not stay and argue and do not bargain or back down once you make the decision to stop service. The intoxicated person does not have normal use of their mental faculties and arguing will escalate the situation.

Identifying Minors

Characteristics of Minors If a person has the physical characteristics of a minor, they likely are a minor. However, the opposite is not true! People mature at different rates. Many minors may have physical characteristics of an adult. Don’t be fooled!

Physical Characteristics of Minors

Minors generally have common physical characteristics. The following is a list of some characteristics.

 Immature physical appearances: little or no facial hair on boys. Un-developed appearance of girls.  Skin complexion – Smooth, unlined faces.

Be aware that not all minors have these physical characteristics and do not rely on them solely to identify a minor.

 Some minor males may have beards and mustaches.  Some minor males are big, which may make them appear older.  Some minor females may wear makeup or clothing that makes them appear older.

Fads and Fashions of Minors

Minors tend to dress in the latest fads and fashion trends. These will change frequently. Some other things to look for are:

 School uniforms  Class rings  Too much makeup  Trendy hair styles

25 Behaviors and Reactions of Minors

Certain behavior patterns may also be characteristic of minors or people that may purchase alcohol for minors.

 May appear nervous – May not make eye contact with you  Self conscious about appearance  Some minors act very confident and sure of themselves when attempting to purchase alcohol.  Young people gathering in groups and sending one to make a purchase.  Young people approaching adults that are on their way in to make a purchase.

A minor might display one or more of these characteristic reactions:

 Acting nervous or insecure  Being overly friendly or acting “cool”  Not making eye contact or trying to hide their face  Checking the area or glancing around  Showing an ID but trying to put it away quickly

When to Ask for an ID

You should ask for an ID before you begin to serve or begin to ring up an alcohol sale.

 For off-premise sales, you can place your hands on the alcohol packaging and then ask for an ID, in case you need to remove the alcohol from reach.  For on-premise sales, ask for an ID before pouring or serving the alcoholic beverage.

Acceptable forms of IDs that can be used in Montana State:

1. A driver's license from any US state, District of Columbia, US Territory, and Canada, provided it includes a picture of the licensee. 2. An identification card issued from any US state, District of Columbia, US Territory, and Canada. A side note about the Arizona vertical Drivers license and vertical identification card is this. If the form of ID the person is using is a vertical drivers license or vertical identification card issued by the state of Arizona the credential cannot be beyond 30 days of the persons 21st birthday. If it is longer than 30 days then the credential cannot be accepted. If the credential is vertical and from another U.S. state or Canada than the ID is acceptable. 3. An armed forces identification card 4. A valid passport or passport card 5. A valid resident alien card.

Unacceptable form of ID: A college ID. 26 Older Driver’s License: The below Arizona Driver’s License format is no longer valid.

Prior Driver’s License (replacing older license):

27 Current Arizona Drivers License

Drivers License Features: Arizona issues driver’s licenses and identification cards that have specific security features.  The blue sky at the top of the Drivers License has “Arizona” written in red and all Capital Letters.  The type of driver’s license is noted under “Arizona”.  The license number, expiration date, date of birth and issue date are on the upper right side of the license.  An image of the Grand Canyon is below the blue sky, with the photograph of the License bearer at the bottom right.  The license holder’s name and address are just below the blue sky on the left.  Below that, just above the white box with the license holder’s signature, is the class and the person’s physical description. Next to the signature box, if needed, will be the words “Medical Alert” in either green or yellow.  The back of the ID has a magnetic stripe, bar code and other information.  When a black light is held next to the Drivers License, the Arizona state seal can be seen. It also has “Grand Canyon State" repeated in the overlay of the driver's license.

 If using a magnifying glass to examine ID’s, under the signature you will see a line that reads in micro words “Grand Canyon State.”

28  When a flashlight is held to the back of the License, just to the left of the photo, an outline of the state of Arizona will appear. The vertical ID features the same information, but to the left of the photo and under the white signature box, the Under 21 until statement and date will be shown.An Identification card will look the same as a Driver’s License except it will not have an expiration date. The Under 21 ID will be vertical and 21 and older ID will be horizontal just like you would see on a Driver’s License. A person cannot legally hold a Driver’s license and Identification card at the same time.

Security features of the current DL/ID.

 A larger primary portrait with a smaller redundant ghost portrait ensuring customer appearance is clearly reflected.  A high-security, design comprised of unique Arizona geological features in the background created through the use of Guilloché innovative symmetry. A Guilloché design involves techniques consisting of intricate, repetitive patterns that are interwoven to guard against counterfeiting, altering or other fraudulent use, making for a more secure credential.  A laser perforation in the shape of Arizona, which when held up to the light is used to quickly authenticate the credential. 29  Tactile date of birth field to assist in authenticating the credential using the sense of touch. The date in this field will have a raised feel to it.  Tri-color Optically Variable Device consisting of the state outline, the state name “Arizona,” the state seal, a saguaro cactus and a star. This laminate overlay provides the final layer of the credential and provides one more feature for authentication.  The ringtail, declared the state mammal in 1986, is illustrated on the front of the new credential. Ringtails, found throughout the state, are cat-sized carnivores resembling a small fox with a long raccoon-like tail

10 POINT ID CHECKING GUIDE

There are 10 things I’m going to ask you to look at on an ID. You may be thinking to yourself: “10 things on an ID? I don’t have time to look at 10 things on an ID”. You don’t have time not to. If you serve a minor in this day and age, the ramifications, both civil and legal, can be huge.

1. EXPIRATION DATE 2. PHOTOGRAPH 3. YEAR OF BIRTH 4. DAY OF BIRTH 5. MONTH OF BIRTH 6. DOES AGE MATCH UP? 7. HEIGHT 8. WEIGHT 9. GENDER 10. INSIGNIFICANT HOLOGRAMS

While you are comparing the id with the 10 point checking guide also look for these:

 The word duplicate  Consistency of type set. Do the address and other information font match the birth date and expiration date font?  Cuts or breaks in the seams  Right thickness.  Cards reverse side lettering. Is it blank, on straight, or blurry, at times it will say “Not Valid Id across the back. Look at the bar codes, notice the bar codes on your own id, are different widths, sometimes the fake one will be all of the same width. Run your fingers over the card is it too thin or too thick? Bend the ID a bit (If it is made out of card board it might break)

You can also ask them questions about the ID. If they are using a fake ID, they will probably have memorized the information from top to bottom. Ask them questions that are on the ID, and other questions that are NOT on the ID.

If it is not their ID, they will have a hard time distinguishing between the real ID information and the fake ID’s information. Have them sign their name for you. When you do this, have them sign it three times on three separate pieces of paper. Watch to see if they are very careful when they sign, or if they just simply sign. Also look to see if they spell/write the name correctly.

31 Alcohol Policy Example

(Your establishment) is committed to the responsible sales and service of alcoholic beverages. In accordance to this commitment, all employees are required to follow the procedures listed below:

1. No employee will sell or serve an alcoholic beverage to anyone under the age of 21. 2. All employees will carefully check Identification of anyone who appears to be under 30 years of age. a. Acceptable documentation is a valid driver's license from any US state or Canada provided it includes a picture of the licensee, An identification card issued by any US state or Canada, An armed forces identification card, A valid passport or passport card, A valid border crossing card, Mexico or Canada, A valid Mexican Voters ID as long as it is within 75 miles of the border. b. The employee will carefully check the identification to determine its authenticity. The manager should be informed if there is any appearance of forgery or tampering and the incident will be entered into the log book. c. In the absence of authentic identification, or in case of doubt, the employee will refuse the sale or service of alcoholic beverages to the customer. 3. No employee will sell or serve an alcoholic beverage to anyone who is intoxicated and the incident will be recorded in the log book 4. No employee will sell or serve alcoholic beverages to anyone to the point of intoxication. 5. It is the employee’s responsibility to notify a customer they have 30 minutes to leave the premises upon noticing their intoxication or disorderly conduct. 6. Any intoxicated customer wishing to leave the establishment will be urged to find a sober driver (This can be a cab service, designated driver, etc,, and the incident will be recorded in the log book) 7. All employees are obligated to inform law enforcement authorities when intervention attempts fail. The incident will be recorded in a log book. 8. No employee will drink alcoholic beverages while working. 9. No employee will be intoxicated on the premise. 10. All employees who serve/sell alcoholic beverages will successfully complete an Arizona Department of Liquor Licenses and Control certified Title 4 Training Seminar when beginning employment.

The sale/service of alcoholic beverages should not be a routine! It is one of the few legal products you can sell that could put you in jail.

THE MANAGEMENT FULLY SUPPORTS THESE POLICIES AND WILL STAND BEHIND OUR EMPLOYEES IN THEIR DECISIONS TO PROMOTE RESPONSIBLE SERVICE.