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Alcohol Safety in Foodservice Operations: Legal Concerns, Liability, and Training

This chapter discusses the major areas of legal concern for foodservice operations regarding alcohol sales, including illegal sales, licensure issues, sales to minors and visibly intoxicated persons. It also explores the concept of legal liability, including dramshop liability and common law liability, and provides information on detecting signs of intoxication and understanding blood alcohol content (BAC). Additionally, the chapter emphasizes the importance of alcohol training and certification for reducing liability.

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Alcohol Safety in Foodservice Operations: Legal Concerns, Liability, and Training

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Presentation Transcript

  1. Chapter 3 Alcohol Safety

  2. Chapter Objectives Identify the major areas of legal concern for foodservice operations Discuss legal liability related to alcohol sales for foodservice operations Explain what dramshop laws are Detect the signs of intoxication in a person Discuss blood alcohol content (BAC) Identify the BAC line in your state Conduct alcohol training and industry certification

  3. Areas of legal concern Illegal sales and licensure issues Control states and license states Sales to minors Sales to visibly intoxicated persons Sales to habitual drunkards

  4. Legal Liability Dramshop liability Common law liability Negligence per se

  5. Dramshop Laws Third-Party Liability – Creates a statutory cause of action against the seller of alcoholic beverages

  6. Signs of Intoxication Slurred speech Impaired motor skills Bloodshot eyes Heightened emotional senses

  7. Blood Alcohol Content A measure of the amount of alcohol in the human blood system Measured in drops per thousand: for example, 1 drop of alcohol per 1,000 drops of blood = .10 BAC; 1 drop of alcohol per 1,200 drops of blood = .08 BAC

  8. Source: U.S. Department of Labor (June 2001) Affects driving under the influence (DUI) issues in most states All states have now lowered the DUI threshold to .08 State BAC issues

  9. Training and Certification Training and re-training staff is important for reducing the operation’s liability T.I.P.S. training C.A.R.E. training

  10. CONCLUSION

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