Developing A Socially Responsible Alcohol Service Policy

2. Developing A Socially Responsible Alcohol Service Policy Stephen Barth, J.D. Elizabeth A. DeConti HospitalityLawyer.com GrayRobinson, P.A.

3. Basic Elements of a Responsible Alcohol Service Policy – How to Treat Customers • Do not serve or sell to those under 21 • Do not serve or sell to the obviously intoxicated • Do not serve or sell to known alcoholics / “habitual drunkards” • Do not sell multiple drinks at the same time • Do not encourage overconsumption with discounts/specials

4. Basic Elements Continued – How to Treat Servers • Mandate state training/certification for all servers • Create tickler system to maintain training / certifications • Draft employee policy prohibiting: • Service to minor friends • Arrival at work under the influence of alcohol or other drugs • Consumption of alcohol on the premises before, during, or after a shift • Removal of alcohol from the premises • Articulate penalties for violation of the employee policy up to and including termination

5. Focus on Employee Issues • Many states (37 and D.C.) allow 18 and over to serve (deliver alcohol beverages to customers) • Many states (24) allow 18 and over to tend bar (mix drinks/dispense alcohol beverages) • Depending on the jurisdiction, even younger employees may be able to stock coolers and clear alcohol beverages from tables • Result: Increased liability exposure for on-premises establishments

6. Legislative Component • Amethyst Initiative would lower the drinking age to 18 • Targeted at college campus drinking, but would also impact retail environment • MADD and other groups oppose • To date, more than 130 college presidents have signed a petition in favor of the Amethyst Initiative

7. Discussion Break

8. Cases Reflect Need for Responsible Alcohol Policy • 20801, Inc. v. Parker, 249 S.W. 3d 392 (Tex. 2008) • Policy element: Training • Defendant must establish that it required employees to attend classes and that the employee actually attended the classes in order for Texas safe harbor [defense] to apply

9. Cases Reflect Need for Responsible Alcohol Policy • Nunez v. Carrabba’s Italian Grill, Inc., 859 N.E. 2d 801 (Mass. 2007) • Policy element: No serving minor friends • The former employee problem • High standard requiring Plaintiff to prove willful, wanton, and reckless conduct by licensee disappears when intoxicant is minor

10. Cases Reflect Need for Responsible Alcohol Policy • McGough v. G & A, Inc., 2007 WL 2333028 (Al. Ct. App. Aug. 17, 2007) • Policy element: No consumption by employees on the premises • Parents of deceased underage restaurant employee defeated the Defendant restaurant’s summary judgment on appeal when they raised facts about restaurant manager allowing employee to drink

11. The Size and Marketing of Specialty Drinks Yes, size does matter! • Should be part of a responsible alcohol policy • A standard serving is 12 oz. for beer, 5 oz. for wine, and 1.5 oz. for spirits • Each of these standard servings should contain approximately 0.6 oz. of alcohol • Marketers of martinis and other specialty drinks need to focus on the percentage of alcohol by volume, not the size of the glass

12. Questions?