Alcohol Server Alcohol Server Awareness TrainingAwareness Training

Add agency name and logosAdd agency name and logos

Why Attend Training?Why Attend Training?

To keep our communities safe of alcohol To keep our communities safe of alcohol related injuries and deathsrelated injuries and deathsTo keep our businesses and servers that To keep our businesses and servers that provide alcohol protected from criminal provide alcohol protected from criminal penalties and liability (law suits)penalties and liability (law suits)

Ways we can Ways we can accomplish this?accomplish this?

– Do not Do not over serve customers (on sale)over serve customers (on sale)

- Already intoxicated customers- Already intoxicated customers

- To the level of intoxication- To the level of intoxication- Regardless of customers mode of priorRegardless of customers mode of prior

transportation: driver, passenger, transportation: driver, passenger, pedestrian, pedestrian, having a designated having a designated driver, etc. driver, etc.

– Do not Do not sell to intoxicated customers (off sale)sell to intoxicated customers (off sale)– Do not Do not sell/serve underage customerssell/serve underage customers

Ultimate Goal:

• Increased Awareness of the Impaired Driving Problem

• Decrease Alcohol-Related Crashes, Injuries and Deaths!

SOCIAL SOCIAL PROBLEM?PROBLEM?

Alcohol related car crashes kill Alcohol related car crashes kill someonesomeone

EVERY 30 minutesEVERY 30 minutesand injures someoneand injures someone

EVERY 2 minutesEVERY 2 minutes

National Highway and Traffic Safety AdministrationNational Highway and Traffic Safety Administration

Minnesota Costs 2011Minnesota Costs 2011Alcohol Related Alcohol Related CrashesCrashes

136 deaths136 deaths $191,760,000 $191,760,000 $1,410,000 per $1,410,000 per

deathdeath

2,375 serious 2,375 serious injuriesinjuries

$54,527,600 $54,527,600 $230,000 per injury$230,000 per injury

Cost of a DWICost of a DWI

Court costsCourt costs Lawyer feesLawyer fees Interlock ignitionInterlock ignition Chemical Chemical

assessmentassessment Relicensing feesRelicensing fees Greatly increased Greatly increased

insurance costsinsurance costs

Total cost:Total cost:

$10,000 - $15,000$10,000 - $15,000

VERSUS:VERSUS:A safe ride homeA safe ride home

TotalTotal cost: cost:

$25-$50?$25-$50?

Who’s Life are you Who’s Life are you Saving?Saving?

The life you save is likely to beThe life you save is likely to be

the customer you are serving!the customer you are serving!

In an impaired driving crashIn an impaired driving crash

67% of the time the impaired67% of the time the impaired

driver is the one who dies!driver is the one who dies!

Minnesota DWI Minnesota DWI ArrestsArrests

30,000 arrests every year30,000 arrests every year 65% male – 35% female65% male – 35% female 1 in every 7 Minnesota licensed drivers has 1 in every 7 Minnesota licensed drivers has

a DWI on their recorda DWI on their record Minnesotan’s between ages 21-34 commit Minnesotan’s between ages 21-34 commit

50% of impaired driving incidents 50% of impaired driving incidents (crash/DWI)(crash/DWI)

Drivers < 21 y/o accounted for 9% of Drivers < 21 y/o accounted for 9% of alcohol related driving incidentsalcohol related driving incidents

More than 6 million people live in Minnesota...

If current trends continue…each year

• Approximately 400 will die in Approximately 400 will die in vehicle crashesvehicle crashes• 33% (132) will die in a crash 33% (132) will die in a crash

involving an impaired driverinvolving an impaired driver

On Typical Friday and Saturday Nights...

At least 1 out of 7 drivers that leave a bar is impaired!

Penalties Associated Penalties Associated with Over serving and with Over serving and Sales to Underage Sales to Underage CustomersCustomers

MisdemeanorMisdemeanor $1000 / 90 Days / $1000 / 90 Days / BothBoth

Gross MisdGross Misd $3000 / 1 Year / Both $3000 / 1 Year / Both

FelonyFelony $$$ /Over 1 Year / Both $$$ /Over 1 Year / Both

Civil Penalties Civil Penalties (Licensees)(Licensees)Minn. State Statute Minn. State Statute 340A.415340A.415

Local Ordinances may be more restrictive:Local Ordinances may be more restrictive:

- Up to $ 2,000 fine per alcohol violation- Up to $ 2,000 fine per alcohol violation

- Between 1 - 60 day license suspension - Between 1 - 60 day license suspension or or

- Permanent License revocation- Permanent License revocation

Civil Penalties are assessed by city/county Civil Penalties are assessed by city/county government that issued liquor licensegovernment that issued liquor license

Sample Civil Penalty Sample Civil Penalty

City: Anytown, MNCity: Anytown, MN Business Alcohol Violation # 1Business Alcohol Violation # 1

- Civil fine ($1000)- Civil fine ($1000)

- Mandatory retraining (all staff)- Mandatory retraining (all staff)

- License suspension (2 days)- License suspension (2 days)

- Suspension days selected by city- Suspension days selected by city

- Business on probation for 36 months- Business on probation for 36 months

Sample Civil Penalty Sample Civil Penalty (cont’d)(cont’d)

Violation # 2 (within 36 month period)Violation # 2 (within 36 month period)

- Civil fine ($1500)- Civil fine ($1500)

- License suspension (7 days)- License suspension (7 days)

- Probationary period (36 months)- Probationary period (36 months) Violation # 3 (within 36 months)Violation # 3 (within 36 months)

- Civil fine ($2000)- Civil fine ($2000)

- License suspension (14 days)- License suspension (14 days)

- Probationary period (36 months)- Probationary period (36 months)

Subsequent 4Subsequent 4thth violation = License revocation violation = License revocation

Another Major Another Major Problem!Problem!

““Death or great bodily harm” Death or great bodily harm” resulting from over serving or serving resulting from over serving or serving a minor results in a potential for civil a minor results in a potential for civil law suits: law suits: - ServerServer- Licensee (owner)Licensee (owner)- Insurance providerInsurance provider- City/CountyCity/County

““Drunk, then Dead in the snow Drunk, then Dead in the snow after Shakopee store sold him after Shakopee store sold him beer”beer”

Star Tribune January 2013Star Tribune January 2013

““They thought the whole thing was a big joke. They thought the whole thing was a big joke. Thomas Lawrie stumbling into a Shakopee Thomas Lawrie stumbling into a Shakopee convenience store drunk, dropping his money, falling convenience store drunk, dropping his money, falling down at the counter. Still, according to authorities, down at the counter. Still, according to authorities, the clerk sold him a six-pack of beer. Nobody called the clerk sold him a six-pack of beer. Nobody called the cops. Nobody checked to make sure he got home the cops. Nobody checked to make sure he got home OK. Lawrie, 52, was found dead the next morning in a OK. Lawrie, 52, was found dead the next morning in a snow bank around the corner from the store. He had snow bank around the corner from the store. He had beers from the six-pack in each hand, unopened” beers from the six-pack in each hand, unopened”

(Charged with selling to an obviously intoxicated (Charged with selling to an obviously intoxicated person)person)

Violations Violations Retail Sales Regulation Retail Sales Regulation 340A.502340A.502

““No person may sell, give, furnish, or in No person may sell, give, furnish, or in any way procure for another alcoholic any way procure for another alcoholic beverages for the use of an obviously beverages for the use of an obviously intoxicated person”.intoxicated person”.

What does “obviously intoxicated” What does “obviously intoxicated” mean?mean?

Judicial Opinion:Judicial Opinion:

The standard for determining The standard for determining whether a person is obviously whether a person is obviously intoxicated” is:intoxicated” is:

““when exercising reasonable powers when exercising reasonable powers of observation, one sees, or should of observation, one sees, or should see that the buyer is intoxicated”.see that the buyer is intoxicated”.

Signs of Signs of IntoxicationIntoxication

Strong odor of alcoholStrong odor of alcohol Slurred speech Slurred speech Staggered walk or stanceStaggered walk or stance Eyes: red, watering, glazedEyes: red, watering, glazed Decreased level of Decreased level of

awareness awareness

(unless energy drinks used)(unless energy drinks used) Poor coordination of hands Poor coordination of hands

or body functionsor body functions

Belligerent Belligerent ArgumentativeArgumentative Loud - fighting/hostile Loud - fighting/hostile Change in personalityChange in personality # of drinks consumed# of drinks consumed Other inappropriate Other inappropriate

conductconduct Other signs you see?Other signs you see?

““Cutting off” Cutting off” and “refusing sales”and “refusing sales”

Don’t hesitate to refuse sale or serviceDon’t hesitate to refuse sale or serviceExplain reasons professionally and tactfullyExplain reasons professionally and tactfullyNotify Manager/Supervisor of your decisionNotify Manager/Supervisor of your decisionAssure other servers/sellers are also awareAssure other servers/sellers are also awareManagement to support staff in this decisionManagement to support staff in this decisionNotify law enforcement if customer is Notify law enforcement if customer is resistantresistant

Server Sales Restrictions Server Sales Restrictions – Chapter 7515.0590– Chapter 7515.0590

““Retailers Retailers shallshall refuse to sell any refuse to sell any alcoholic beverage to: alcoholic beverage to:

1.1. any person or persons whose character any person or persons whose character ((behaviorbehavior)) is questionable or is questionable or

2.2. whose credentials whose credentials (ID’s), (ID’s), in any manner, are in any manner, are

not satisfactorynot satisfactory.”.”

Advanced Advanced AlternativesAlternatives

Offer food Offer food Offer non-alcoholic drinksOffer non-alcoholic drinks Discourage driving if impairedDiscourage driving if impaired Offer local “safe ride home” optionOffer local “safe ride home” option Non impaired friend or family member Non impaired friend or family member

rideride TIMETIME is the only thing that will is the only thing that will

decrease the effects of alcoholdecrease the effects of alcohol

Protect yourself,Protect yourself,Protect your business!Protect your business!

Assure all sales Assure all sales are legalare legal- Non-intoxicated - Non-intoxicated

customerscustomers- Adult sales only- Adult sales only

Stay free of Stay free of criminal and civil criminal and civil penaltiespenalties

Prevent injuries Prevent injuries and deathand death

Under Age Sales and Under Age Sales and ServiceServiceMN Statute 340A.503MN Statute 340A.503

1.1. It is unlawful for any person to sell, barter, furnish It is unlawful for any person to sell, barter, furnish or give alcoholic beverages to a person under 21 or give alcoholic beverages to a person under 21 years of age;years of age;

2.2. Under the age of 21 years to purchase or attempt Under the age of 21 years to purchase or attempt to purchase any alcoholic beverageto purchase any alcoholic beverage

3.3. To induce a person under the age of 21 years to To induce a person under the age of 21 years to purchase or procure any alcoholic beveragepurchase or procure any alcoholic beverage

4.4. To lend or knowingly permit the use of the persons To lend or knowingly permit the use of the persons DL, permit or ID for the purpose of purchasing or DL, permit or ID for the purpose of purchasing or attempting to purchase an alcoholic beverageattempting to purchase an alcoholic beverage

Unacceptable ID’sUnacceptable ID’s

DL/ID in disrepairDL/ID in disrepair Recognition that ID is fraudulent (ID Guide)Recognition that ID is fraudulent (ID Guide) Under age ID attempting to purchase Under age ID attempting to purchase

alcoholalcohol Not belonging to buyer (friend, sibling, etc.)Not belonging to buyer (friend, sibling, etc.) Confiscation of ID allowedConfiscation of ID allowed

Confiscation of Fake, Confiscation of Fake, Borrowed or Underage Borrowed or Underage ID’sID’s

Allowed under State law 340A.503 Subd 6 (c)Allowed under State law 340A.503 Subd 6 (c)

“ “ A licensed retailer or municipal liquor store A licensed retailer or municipal liquor store may may seizeseize a form of identification if the retailer or a form of identification if the retailer or municipal liquor store has reasonable grounds to municipal liquor store has reasonable grounds to believe that the form of identification has been believe that the form of identification has been altered or falsified or is being used to altered or falsified or is being used to violate any law.violate any law. A retailer…that seizes a form A retailer…that seizes a form of identification as authorized of identification as authorized must deliver it to a must deliver it to a law enforcement agency within 24 hours of law enforcement agency within 24 hours of seizing it.”seizing it.”

Understanding Understanding Compliance ChecksCompliance Checks Check all businesses that sell alcohol:Check all businesses that sell alcohol:

- Off sale- Off sale- On sale- On sale

When does a sale become a sale?When does a sale become a sale? Decoy(s) enter establishmentDecoy(s) enter establishment ( (or special or special

event)event) Decoy(s) place order for alcoholDecoy(s) place order for alcohol Attempt to payAttempt to pay ID vs. None ??? No fake ID’s used!ID vs. None ??? No fake ID’s used! Buyer is not disguised to appear olderBuyer is not disguised to appear older No trickery utilizedNo trickery utilized All involved hoping for success of refused saleAll involved hoping for success of refused sale

* University of Minnesota Epidemiology Department* University of Minnesota Epidemiology Department

Checking ID’sChecking ID’s

Acceptable ID’sAcceptable ID’sMN Statute 340A.503 MN Statute 340A.503 Subd. 6Subd. 6

Proof of age for purchasing or consuming alcoholic Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the beverages may be established only by one of the following:following:

1.1.A valid drivers license or identification card issued by A valid drivers license or identification card issued by Minnesota, another state, or a province of Canada and Minnesota, another state, or a province of Canada and including the photograph and date of birth of the including the photograph and date of birth of the licensed personlicensed person

2.2.A valid military identification card issued by the A valid military identification card issued by the United States Department of DefenseUnited States Department of Defense

3.3.A valid passport issued by the United States or A valid passport issued by the United States or

4.4.In the case of foreign national, by a valid passportIn the case of foreign national, by a valid passport

5.5.Tribal IDTribal ID

Minnesota DL and ID Minnesota DL and ID

Adult and MinorAdult and Minor

Canadian ID’sCanadian ID’s

Military ID’sMilitary ID’s

Passport Book + Passport Book + Passport CardPassport Card

Canadian PassportCanadian Passport

Mexican PassportMexican Passport

Tribal ID’sTribal ID’s

ID Checking GuideID Checking Guide

P.L.A.N. to Check ID’sP.L.A.N. to Check ID’s

P: P: PPhoto Matchhoto Match

L: L: LLegal Age to Buyegal Age to Buy

A: A: AAcceptable ID cceptable ID

AAppearance and ppearance and conditioncondition

N: N: NNot Expired Cardot Expired Card

Clipped ID’sClipped ID’s

Alcohol RestrictionAlcohol Restriction

Serve SmartServe Smart

RefuseRefuse to serve intoxicated customers to serve intoxicated customers RefuseRefuse to serve under age customers to serve under age customers RefuseRefuse to allow intoxicated customers to allow intoxicated customers

into your businessinto your business RefuseRefuse to allow impaired customers to to allow impaired customers to

leave your business and driveleave your business and drive

Do your part in keeping our roads Do your part in keeping our roads and our communities safe!and our communities safe!

Thank You!Thank You!Add contact infoAdd contact info