Responsible Alcohol Server/Seller Presentation By: Daniel Delmore, M.S. Police Officer Wisconsin Dells Police Department Table of Contents 1. Alcohol Law and Your Responsibility 2. Recognizing and Preventing Intoxication 3. Checking Identification Handling Difficult Situations Overview The sales and handling of alcoholic beverages result in serious responsibilities under Federal, State, and Local Laws. All employees shall be required to strictly abide by these laws to maximize efforts to protect guests from alcohol abuse. This course shall build your skills to serve alcohol responsibly with results of: 1. Improved customer relations (protecting your customers) 2. Reduced liquor liability exposure (protect the public and you) 3. Enhanced business (protect your business) Goals This training will better equip you to: 1. Identify alcohol laws and your responsibility. 2. Recognize signs of intoxication. 3. Intervene where customers are intoxicated. 4. Prevent alcohol sales to underage persons. 5. Prevent alcohol related incidents. 6. Ensure all guests have a pleasant experience. Advantages of this Training… 1. Satisfy more customers. 2. Enable servers to better serve all customers. 3. Increase professionalism of staff. 4. Reduce business expenses and liability exposure. 5. Enhance your business. Facts Regarding Alcohol Related Crashes Nearly 11,000 people are killed in crashes each year involving impaired drivers – nearly one-third of all traffic crashes. An average of 30 people die in alcohol related crashes every day. Annually, our nation’s police forces arrest an estimated 1.4 million persons for driving under the influence – 2013 statistics. Alcohol related motor vehicle crashes kill someone every 51minutes and non-fatally injure someone every two minutes. In 2013, 10,322 people in the U.S. died in alcohol related motor vehicle crashes, representing 31% of all motor vehicle deaths. Countless other deaths and injuries non-driving related. Annual cost per year; $59 billion. Now, do you still want to chance serving an intoxicated person??? Definitions Adult – a person who is 18 years of age or older. Minor – a person who is under 18 years of age. Legal Drinking Age – 21 years of age and older. Underage Person – a person who is not of legal drinking age. Beer – a fermented malt beverage containing .5% or more of alcohol by volume. Intoxicating Liquor – all alcohol beverages (other than beer) containing .5% or more alcohol by volume, and all wines. Alcohol Beverages – a statutory term which includes beer, wine, and liquor. Review of…. Class “A” Fermented Malt Beverage License. Class “A” Liquor License. Class “B” Fermented Malt Beverage License. Class “B” Liquor License. Class “C” Wine License. Class “A” Fermented Malt Beverage License Authorizes the retail sale of beer and beer-based coolers, in the original sealed container, for consumption off the licensed premises. 1. No sales to other licensees for resale; 2. May sell in any quantity to the public; 3. No beer sales between 12 a.m. and 6 a.m. 4. May furnish customers with two 3 fluid ounce taste samples of beer between 11 a.m. and 7 p.m. Class “A” Liquor License Authorizes the retail sale of liquor and wine, in the original sealed container, for consumption off the licensed premises. 1. No sales to other licensees for resale; 2. May sell in any quantity to the public; 3. May not sell intoxicating liquor and wine between 9 p.m. and 6 a.m. 4. May furnish customers with two 3 fluid ounce taste samples of wine between 11 a.m. and 7 p.m. Class “B” Fermented Malt Beverage License Authorizes the retail sale of beer and beer based coolers for consumption on the licensed premises and for consumption off the licensed premises. 1. No sales to other licensees for resale; 2. May sell in any quantity to the public; 3. Must be closed between the following hours: - Monday – Friday – 2 a.m. – 6 a.m. - Saturday – Sunday – 2:30 a.m. – 6 a.m. - New Year’s Eve – No closing required. **No off-premises sales between 12 a.m. and 6 a.m.** Class “B” Liquor License Authorizes the retail sale of liquor by the drink for consumption on the licensed premises, and in the original sealed container for off-premises consumption. A single, open bottle of wine may be taken off premises if ordered with a meal and re-corked prior to being taken off premises. 1. No sales to other licensees for resale; 2. Off-premises sales of liquor, limited to 4 liters or less; 3. Wine may be sold in the original package, in any quantity, for on and off-premises consumption; 4. Closing hours the same as Class “B” Fermented License already discussed 5. A winery that has a Class “B” (wine only license) must close between 9 p.m. and 8 a.m. Class “C” Wine License Authorizes the retail sale of wine by the glass or in an opened original container for the consumption on premises only. A single, open bottle of wine may be taken off premises if ordered with a meal and re-corked prior to being taken off premise. 1. No sales to other licensees for resale; 2. Closing hours the same as Class “B.” **All retailers of alcohol may only sell to customers who are physically on at the licensed premises** Daylight Saving Time Wisconsin Statute 175.095 (2), states that daylight saving time begins at 2 a.m. the second Sunday in March and ends at 2 a.m. the first Sunday in November. As such, clocks are set ahead one hour at 2 a.m. the second Sunday in March. Thus taverns would close at 3:30 a.m. daylight saving time on this date. On the first Sunday in November, the clocks are set back an hour at 2 a.m.; taverns gain an extra hour and must close at 2:30 a.m. regular Standard Time. Training Requirements for Completion of the Responsible Beverage Server Training Course (Required as a Condition of Licensing) Applicants seeking a servers license must successfully complete an approved training course, such as courses offered by the Wisconsin Technical College System, or similar approved courses (see “Training” on the department’s web site at www.revenue.wi.gov Exceptions for not having to retake the training course 1. The person is renewing their retail or an operator’s (bartender/sales clerk’s) license with the City. 2. The person was the agent (within the last two years) for a corporation that held a Class “A” Liquor, Class “B” Liquor, or Class “C” wine license. 3. The person held a retail license or an operator’s or manager’s license during the past two years. 4. The person completed such an approved course within the past two years. Note… A license is a privilege granted by the City to a person, partnership, or corporation to run a particular place for the time period specified, and just as one’s driver’s license can’t be used by another, an alcohol beverage license can’t be used by someone other than the licensee to sell alcohol beverages. Also, a person that violates this provision can have their, or the corporation’s beverage license revoked. The City may refuse to issue a license as long as it uses good judgment, and does not discriminate between applicants of such a license. Sale of Alcohol Beverages The term “sale”, “sold”, or “sell” includes the transfer, gift, barter, trade, exchange, or any shift, device, scheme, or transaction whatever, whereby alcohol beverages may be obtained. If not a licensed establishment, giving away alcohol beverages or using any other device to evade the law relating to its sale is an unlawful sale!! The following are some examples of illegal transactions for an unlicensed premises: 1. A “free” drink with a meal; 2. A cover charge, whereby mix is furnished at a price, with “no charge” for liquor. 3. A “free” bottle of liquor tied into the sale of some other item. 4. The fine for this offense is not more than $10,000.00 or imprisonment for not more than nine months, or both. Seller’s Permit Every individual, partnership, corporation, or other organization selling tangible personal property in Wisconsin must have a Seller’s Permit. A licensee may not conduct business without a Seller’s Permit, which must be issued in the same name as the licensee. i.e. if the retail liquor license is issued to a partnership or corporation, the Seller’s Permit must be too; not to the agent, officer, or individual. For more information on this you may contact the Wisconsin Department of Revenue at (608)266-2776 or email at [email protected] Federal Tax Stamp Every retail licensee must file a Federal Special Occupational Tax Return before the beginning and before July 1 each year, and there after. The Special Occupational Tax Return (TTB Form 5630.5) is available from the National Revenue Center by telephoning, 1-800-937-8864. Licenses Framed and Posted All liquor and beer licenses must be framed and posted in the room where the business is carried on. Everyone visiting the business must be able to easily see the licenses in that room. Any related permits and licenses should be posted with the Alcohol Beverage License. Required Onsite Supervision of Licensed Premises Except in Class “A” beer premises between 12 a.m. and 6 a.m., one of the following must be present on all licensed premises during all business hours: 1. The licensee; or; 2. An adult member of the licensee‘s immediate family (actually living in the licensee’s household); or; 3. The corporation agent, (the agent’s immediate family members must have an operator’s license, if they supervise the premises in the agent’s absence); or; 4.