Food Code Update
Chapter 10, Cleaning and Sanitizing
Chapter 9, Safe Facilities and Pest Management
Chapter 8, Food Safety Management Systems
Chapter 7, The Flow of Food. Service
Chapter 6, The Flow of Food. Purchasing
Chapter 5, Part 2, The Flow of Food. Purchasing, Receiving and Storage
Chapter 5, Part 1The Flow of Food. Purchasing, Receiving and Storage
Chapter 4, The Flow of Food Introduction
Chapter 3, The Safe Food Handler
Chapter 2, part 2, Forms of Contamination
Chapter 2, part 1.Forms of Contamination part 1
Chapter 1 Providing Safe Food
APPENDIX C
APPENDIX B
APPENDIX A
Minors
There are many misconceptions regarding the law and how it relates to minors. As an alcohol server, it is important to know and understand the law.
“It’s OK to se,ve my 20-year-old daughter. I’ll be responsible for her.”
Fact – It is illegal for anyone to serve a minor, even if that minor is his/her own child. A parent can be subject to fines under the Pennsylvania Crimes Code and the Pennsylvania Liquor Code.
“My 16-year-old son would like to have a non-alcoholic beer with his meal.”
Fact – The Pennsylvania Crimes Code makes it illegal to sell or furnish non-alcoholic beverages* to any person under 21 years of age.
KEY FACT:
*”Non-alcoholic beverage” means any beverage intended to be marketed or sold as non .. alcoholic beer, wine or liquor. “Non-alcoholic beverages” usually contain 0.5 percent or less alcohol by volume.
It is illegal for anyone under the age of 21 to attempt to purchase, purchase, possess or consume or knowingly and intentionally transport alcoholic beverages. It is illegal for a licensee or any employee, servant or agent of the licensee or any other person to sell, furnish or give any alcoholic beverages or permit any alcohol to be sold, furnished or given to any minor. When the laws regarding minors are violated, you, the server, may be held liable for the minor’s actions.
WHO AND WHEN TO CARD
We know it is not always easy to identify a minor. A person’s characteristics, mannerisms, clothing and facial make-up can be very misleading and give the impression of a much older and mature individual. For these reasons, it is recommended that anyone who appears to be under the age of 30 be considered a potential minor and should be asked to provide proper identification, and the licensee should document it.
LEGALLY ACCEPT ABLE ID
- A valid photo driver’s license issued by the Pennsylvania Department of Transportation or any other state.
- A valid photo identification card issued by the Pennsylvania Department of Transportation or any other state
- A valid United States Armed Forces ID card that contains the holder’s photograph.
- A valid passport, passport card or travel visa that contains the holder’s photograph.
Although these are all acceptable forms of identification, you do not have to accept all of them and may refuse service if you are uncertain or uncomfortable with the ID presented to you.
KEY FACT:
All of these IDs must contain a photograph and cannot be expired.
Valid Forms of Identification
Typically, you will encounter three different types of fraudulent IDs commonly referred to as the ABCs of fake IDs.
What are the ABC’s of fake IDs?
- Altered
- Borrowed or Stolen
- Counterfeit
HOW TO CARD
To effectively identify ID fraud, IDs should be checked under good lighting. Some of the most common alterations are not always obvious. A lit magnifying glass can be extremely beneficial in uncovering discrepancies. When checking IDs, it is important to follow an established routine. Memorize the steps and use them, in order, every time you check an ID. An example of a routine approach called FEAR (Feel, Examine, Ask and Return) is:
- For pin holes, bumpy surfaces, glue lines, rough edges.
It’s recommended that you hold the card until the carding process has been completed.
Next, EXAMINE
- Photo, DOB, expiration date, consistency of font, hologram, state logo, reverse side, UV feature.
Then, ASK
- DOB, person’s age, ZIP code, zodiac sign, middle name, second form of ID.
Last, RETURN or REFUSE
- At no time should the licensee willingly confiscate a suspected fraudulent ID.
PROOF OF CARDING
You have just learned what types of ID are acceptable and some helpful carding tips. The quality of today’s altered, borrowed and counterfeit IDs makes it imperative for you not only to card guests, but be able to prove that you did. You are 100 percent responsible for the minors that are served.
Proof of carding is one of the most important duties licensees and employees should do. Each and every time you card a patron, you should be able to prove that you did. Whether you question the ID or not, this practice, done correctly, can reduce liability greatly.
If licensees wish to defend himself or herself against a sales-to-minors charge, he/she must be able to provide that:
- 1. The minor was required to produce a valid form of identification as defined by the Liquor Code.
- 2. One of the following forms of documentation was used: Declaration of Age Card, photograph, photocopy, transaction scan device or video presentation of the ID presented.
- 3. The above documents were relied upon in “good faith.”
What is “good faith?”
A sincere belief or motive without any malice or the desire to defraud others.
Let’s take a closer look at the allowable forms of documentation:
- • A PLCB 931 Declaration of Age Card (see example). While holding the ID, hand the person the 931 card and ask him/her to complete it.
- • Photograph – Many licensees take a photograph of the ID. With a digital camera, you can store many pictures on one memory card.
- • Photocopy – Many licensees take a photocopy of the ID and have the patron sign next to the copy to verify the signature.
- • Transaction scan device – Use the FEAR method first. Make sure the scanner stores the information. You may want to invest in a scanner that reads both bar codes and magnetic strips.
- Other visual or video presentation of the identification card presented – Make sure the camera is positioned in a manner to clearly capture the ID that you are looking at, not just video surveillance.
Note: One of these methods should be used each time you card someone, not just when you are suspicious of the ID.
Section 4-495(e) of the Liquor Code states that no penalty shall be imposed on a licensee or employee for serving alcohol to a minor if the licensee or employee can establish that the minor was required to produce a valid form of identification, and that one of the forms of documentation were used and relied upon in good faith. See the section entitled “Legally Acceptable ID” for such forms of identification.
KEY FACT: All documentation must be kept for at least two years.
Completing the Card
Ask the Individual to:
- 1. Print name
- 2. Enter birth date
- 3. Enter place of birth (City and State)
- 4. Sign the card
- 5. Enter home address
The Server/Licensee then should fill in the:
- 6. Current date
- 7. Name of establishment
- 8. Serial number of the ID card presented by the customer
- 9. Witness-licensee/server name and address
- 10. Type of ID shown
- 11. Signature compared-check YES or NO
- 12. If sale is refused, enter a physical description of the customer to include race, sex, complexion, hair color, approximate weight, height, and distinguishing features.
- 13. Code requested-what they purchased to go
- 14. Reason refused
* FOR SPANISH VERSION, SEE REVERSE SIDE OF DECLARATION OF AGE CARD
MINORS FREQUENTING
Not only is it illegal to sell or furnish alcohol to minors, it is generally unlawful for any hotel, restaurant or club licensee or any retail dispenser licensee or their servants, agents or employees to permit minors to be present on or frequent the licensed premises for any reason whatsoever. The exceptions to this general rule are:
A. Minors may be permitted on the premises of a hotel, restaurant, club or any retail dispenser if the minor is in the company of: a parent, a court appointed legal guardian or under proper supervision.
- 1. A parent – a parent is a parent.
- Ex. A 21-year-old parent can come into an establishment with their 2-year-old child and sit wherever they like and consume alcohol, simply because they are the parent. Keep in mind; if smoking is permitted in your establishment, this would not be permissible.
- 2. A court-appointed legal guardian – this person takes the place of a parent and has legal documentation to prove that.
- Ex. A grandmother gets legal custody of their grandchild because the child’s parents are deceased.
- 3. Under “proper supervision” – a person who is 25 years of age or older who is directly responsible for the care and conduct of the minor(s) while on the licensed premises, and who keeps the minor(s) within his/her sight or hearing at all times. If the licensee or employee is acting as proper supervision, then that person may not perform any other employment-related duties.
- Ex: I am 30 years old and coach Little League. After the championship game, my assistant coach, who is 35, and I take the team to eat. There are 23 players on the team and 2 coaches over age 25. It would be permissible for us to enter a licensed establishment to eat. as long as we are not in Philadelphia. In Philadelphia, 5 supervisors would be required.
- Ex: I am 26 years old and I am watching my 3-year-old niece. I can enter a licensed establishment, sit wherever I choose and consume alcohol, providing I am in a non-smoking establishment. If smoking were permitted, I could not enter with the 3-year-old.
- 1. Is a spouse considered a legal guardian?
- NO, a legal guardian takes the place of the parent.
- 2. Can a bartender provide proper supervision while tending bar?
- No. If the licensee or employee is acting as proper supervision, then that person may not perform any other employment-related duties.
- 3. What is the ratio of supervisors to minors?
- A. General rule: 1 supervisor per 20 minors
- B. Philadelphia: 1 supervisor per 5 minors
- C. School-endorsed function: 1 supervisor per 50 minors
Ex: I am 26 years old and I am watching my 3-year-old niece. I can enter a licensed establishment, sit wherever I choose and consume alcohol, providing I am in a non-smoking establishment. If smoking were permitted, I could not enter with the 3-year-old.
Ex: I am 30 years old and coach Little League. After the championship game, my assistant coach, who is 35, and I take the team to eat. There are 23 players on the team and 2 coaches over age 25. It would be permissible for us to enter a licensed establishment to eat. as long as we are not in Philadelphia. In Philadelphia, 5 supervisors would be required.
KEY FACT:
Minors frequenting does not apply to:
- Limited Wineries
- Distributors
- Importing Distributors
- Public Venues
- Performing Art Facilities
- Unlicensed areas of a golf course
- Unlicensed areas of bowling alleys
B. Another exception is limited to restaurant, hotel or retail dispenser licensees only (not clubs). It is often referred to as the Pizza Hut Exception. This exception allows minors to frequent a licensed premises for the purpose of eating food or drinking non-alcoholic beverages without needing any supervision. All of the following conditions must be met:
- 1 The licensee must be able to demonstrate that 50 percent or more of its total gross sales is food and non-alcoholic beverages.
- This demonstration is based on overall sales over extended periods of time.
- 2. The minors must not be seated at the bar section of the establishment.
- Ex: Two 19-year-olds enter a chain restaurant for dinner. The bar area is clearly separated from the dining area. The patrons may be seated at a table or booth in the bar section as long as they are not seated at the bar.
- 3. Alcoholic beverages may not be served at the table or booth at which the minor is seated unless the
minor is with a parent, court-appointed legal guardian or under “proper supervision” as previously defined. - Ex: Three people enter a restaurant. One orders water, one orders a soda and one orders a beer. You card the one who ordered alcohol and he/she is 24. Can you serve that person? In this situation, you would have to card everyone sitting at the table to see how old the nonalcoholic drinkers are. If they are both over 21, then you can serve the 24-year-old. If they are under 21, you can only serve alcohol at that table if there is a parent, court-appointed legal guardian or proper supervisor sitting at that table.
KEY FACT:
The Pizza Hut Exception does not apply to private club licensees. Minors must always be properly supervised when frequenting a private club.
C. The final exception to the prohibition of minors frequenting is applicable to hotel, restaurant, retail dispenser or club licensees for a “social gathering”, even if the gathering is exclusively for minors. In order to permit such conduct, ALL of the following must apply:
- 1. No alcohol may be served anywhere on the licensed premises.
- 2. All alcohol must either be removed from the premises or secured under lock and key during the social gathering. 3. Written notice must be provided to the Pennsylvania State Police, Bureau of Liquor Control Enforcement, at least 48 hours in advance of the event.
- Most licensees do not have what constitutes a social gathering because it means that no alcohol can be served anywhere on the licensed premises during the gathering.
KEY FACT:
If a minor is attending a social gathering as defined, then no other adult supervision is required for the event.
Preventing Intoxication
PREVENTING INTOXICATION
As the alcohol server, you are the key to the prevention of excessive alcohol consumption. You deal directly with patrons and can best monitor an individual’s consumption of alcohol.
You should observe and talk with your customers to determine whether they are visibly intoxicated before serving them any alcohol. You should continually monitor any changes in their behavior. By preventing customers from becoming intoxicated and intervening when necessary through the use of good “people skills,” you play a major role in helping reduce the risks of alcohol-related incidents.
1. What are “people skills?”
The ability to communicate effectively, both verbally and non-verbally, with people in a friendly way.
2. What are some precautionary measures you can take to help minimize a customer’s chance of becoming intoxicated?
- 1. Slow down alcohol service
- 2. Offer food or non-alcoholic beverages
- 3. Talk to each guest to determine if they already drank too much
- 4. Keep water glasses filled
When it is determined that a guest is drinking quickly, try offering food or non-alcoholic beverages. Keep water glasses full and available. Take your time refilling a customer’s drink.
Helpful Hints
- Chat with customers before serving them. Each time you go to their table, try to determine if they are intoxicated or at increased risk of intoxication because of mood, fatigue, medications, etc., or because they have been drinking somewhere else.
- Know and watch for the likely signs of visible intoxication, combinations of the signs and changes in behavior.
- Know the general drink limits based on the BAC chart.
- Know how many standard servings of alcohol the glasses in your business hold.
- Count the number of standard servings of alcohol, not glasses, each customer has.
- Do not push drinks. Wait until a customer finishes a drink before offering another.
- Serve one drink per person at a time.
- Check with co-workers before serving a customer they have already served.
- Watch the customer who orders doubles or more than one drink at a time.
- Slow alcohol service when a customer orders and drinks rapidly.
- Encourage customers to order food and non-alcoholic drinks.
- Offer water, coffee or other non-alcoholic spacers between drinks.
- Don’t offer “last call” to people who are approaching intoxication.
- Announce “closing time” instead of “last call.”
REFUSING SERVICE
Even with the best intentions and most responsible serving practices, you may occasionally encounter a customer who shows signs of visible intoxication. When this occurs, service of alcoholic beverages to that customer must be stopped immediately. This may occur with a customer who just entered your establishment who you haven’t served. As a server, you have the right to refuse alcohol to anyone, as long as you don’t violate the Pennsylvania Human Relations Act.
1.To whom does the law prohibit you from selling/serving alcohol?
- Visibly intoxicated persons
- Minors
2. What are some examples of discrimination?
- Race
- Gender
- Ethnicity
KEY FACT:
The Pennsylvania Human Relations Act prohibits discrimination based on factors like race, gender, and ethnicity. You must take care not to unlawfully discriminate in choosing who you refuse to serve or bar from the premises.
A professional attitude and approach when cutting off or refusing service keeps you in control of the situation.
Discussion:
Can you think of a time when you lost control of a situation? Are there different ways you could have acted or things you could have said differently that would have allowed you to stay in control?
Many professional servers use these guidelines when refusing service:
- Be courteous and concerned. People are more cooperative when they feel they are being respected and helped, rather than being put down. You might try a statement such as, “I want to see that you get home safely.”
- Be confident. Confidence convinces people you are doing the right thing. Act confident, even if you don’t feel especially confident – no one will know the difference!
- Be tactful. Never accuse a customer of being intoxicated. State simply that you cannot serve more alcohol and offer an option such as, “Why not make this one coffee?”
- Be discreet. Make every effort not to embarrass the customer in front of friends or business associates. If possible, speak to the person privately.
- Be firm. Do not allow the impaired customer to talk you out of the rational decision you have made. Use a phrase that gets the message across and stops an argument in its tracks like, “I’m sorry I can’t serve you anymore – it’s against the law.”
Occasionally, it is difficult to cut off service. By being prepared, you can keep control of the situation even though an intoxicated customer may be hostile, threatening and irrational.
1. What are some ways to deal with difficult customers?
- 1. Remain calm
- 2. Get help
- 3. Avoid a fight
- Remain calm. It helps to remember that the customer is the one with impaired judgment, not you.
- Get helpTell the manager or other servers. Sometimes, even the hostile customer’s friends can help diffuse the situation.Occasionally you may even need to call the police.
- Avoid a fight. Fights are bad for business and could result in a lawsuit.
- • When you cut off a customer, tell your manager and co-workers and keep a written record.
- • When appropriate, take a co-worker with you when you have to refuse service or pull a drink.
- • Make it clear you are in control without being overbearing and scaring off customers.
- • Use peer pressure if possible by asking for support from the customer’s friends.
- • When you pull the drink, have something to replace it with: a non-alcoholic drink, a cup of coffee, a plate of food … even just a glass of water is better than nothing.
- • If at all possible, detain the intoxicated customer who intends to drive by offering him/her food and non-alcoholic drinks to allow time to sober up.
- • Offer alternative transportation to keep intoxicated customers from driving.
- • If an intoxicated customer insists on driving, indicate that you plan to call the police in an attempt to persuade them.
- Follow through with calling the police if the intoxicated customer drives away and identify the driver and the vehicle.
- Avoid “you” statements that sound accusatory or judgmental, which are likely to offend and provoke the customer. (e.g., “You’re drunk,” “You’re cut off,” “You’ve had too much to drink”).
- Use “I” statements instead that put the focus on you and why you’re refusing service. (e.g., “I’m concerned for your safety”).
- Bargain
- Debate
- Get defensive
- Give lengthy explanations
Three reminders for dealing with difficult customers are:
Helpful Hints
INTERVENTION TECHNIQUES
There are many intervention techniques and systems to count drinks and evaluate customers. Establishments and servers develop techniques that are effective and appropriate for them. The following guidelines will help you develop successful intervention practices.
Keep two principles in mind in choosing your words:
DO NOT:
Intervention Scripts
Every situation is different and every difficult customer is unique, but here are examples of phrases you can use when you have to tell a customer you cannot serve him/her another drink. Variations of these statements may also work when you have to make a good-faith effort to remove a drink or when you are dealing with a minor. Modify the details to fit the specific circumstances of your place of business and its customers.
Do make statements that focus on the law or house policies. What are some examples?
- “It could be against the law if I serve you more alcohol. How about I bring you a cup of coffee and get you something to eat?”
- “Our company policy doesn’t allow me to serve you any more alcohol. We could lose our liquor license. I’ll bring you a Coke, and how about a basket of french fries or a plate of buffalo wings?”
- “Listen, I could get fired if I serve you another drink. I’ll bring you a soda or a cup of coffee instead.”
Do make statements that express concern and focus on the customer’s well-being. What are some examples?
- “Look, I’m concerned about your safety. I want to be sure you get home ok tonight. Why don’t I bring you a glass of our fresh lemonade while you look at our appetizer menu and choose something to eat? Customers tell me that our chicken strips are the best in town.”
- “I know this is frustrating, but I want to be sure you don’t get into trouble tonight. The cops have been patrolling the area a lot the last few weeks and pulling over people for DUI. I don’t want to see you get arrested. Instead of another beer, I’ll bring you a glass of ginger ale.”
- “Legally, I’m not allowed to serve you another drink. This glass of water will help you avoid getting a hangover tomorrow and, in the meantime, I’ll bring you a bowl of peanuts and some bread sticks.”
RATING THE CUSTOMER
It’s important to rate the customer’s behavior prior to serving him/her each drink to be sure he/she isn’t visibly intoxicated. A common system to use is “GO, YIELD, STOP.” These commands represent customers who are:
GO – Customers who are not exhibiting any signs of impairment and therefore are ok to serve.
YIELD – Customers who are on their way to becoming intoxicated based on their current behavior.
STOP – Customers who are exhibiting signs of impairment and therefore may not be served.
Rate the Guest:
Read each scenario below and indicate if it is a “go,” “yield,” or “stop.”
1. Kim sits at the bar and orders a shot and a Long Island Iced Tea. After serving her, the bartender hears her say she needs to “forget about her bad day.” YIELD
2 . Sarah and Joan are enjoying their “girl’s night out.” GO
3. After a long night at work, John came into the bar, ordered a beer and fell asleep. YIELD
4. Lindsey and Jeff have been bar-hopping all night. GO or YIELD
5. Kris, who is normally quiet, is yelling at people across the bar. YIELD or STOP
6. A couple is eating dinner, having a drink and talking. GO
7. After consuming a few drinks, a few women from a local softball team start to get loud and boisterous and begin to argue. GO or YIELD
8. Jack is sitting at the bar and consuming alcohol regularly for a couple of hours. He appears to be “nodding” and lights his cigarette backwards. STOP
9. Steve gets overly angry over a play on a televised sporting event. >b>GO or YIELD
10. Jane is singing along with the jukebox in a loud and/or animated way. GO, YIELD, or STOP
11. Kate is sitting at the bar for hours, drinking a few drinks, not eating and appears upset. YIELD or STOP
12. As Bob leaves his barstool to go to the men’s room he stumbles, slurs his speech and has bloodshot eyes. STOP
Recognizing and Preventing Intoxication
What is Alcohol and How is it Absorbed?
Alcohol is a chemical substance and central nervous system (CNS) depressant drug. The type of alcohol contained in beer, wine and distilled spirits is ethanol. It contains calories but has little or no nutritional value. For example:
- 150 calories in 12 ounces of regular beer
- 100 calories in 5 ounces of wine
- 100 calories in 1-1 /2 ounces of 80-proof distilled spirits.
What helps to slow down the absorption of alcohol?
Any amount of food in the stomach helps. It’s important to eat prior to and during drinking.
When alcohol is consumed, only a small percentage is absorbed through the mouth and stomach. At the base of the stomach is the pyloric valve. When food is present in the stomach, the valve remains shut, slowing down alcohol absorption until the food is digested. Without food, the pyloric valve is open which causes the alcohol to be quickly absorbed into the bloodstream through the lining of the small intestine then circulated throughout the body.
ABSORPTION RATE FACTORS
There are many factors that contribute to how quickly alcohol is absorbed, such as:
Body Size
Larger people tend to have more volume of blood, water, muscle, etc., to dilute alcohol than a smaller person. Therefore, after consuming the same amount of alcohol, a smaller person will generally have a higher blood alcohol concentration.
Body Type
People with high amounts of body fat will have more alcohol in their blood since fat does not absorb alcohol, whereas muscle does.
Gender
Given equal variables, women generally will have higher concentrations of alcohol because they typically have higher percentages of body fat versus muscle mass than males., Also, women have less water content to help dilute alcohol and less of the stomach enzyme alcohol dehydrogenase. Alcohol dehydrogenase is what helps metabolize and break down alcohol.
Amount Consumed/Time
The faster one drinks, the faster alcohol is absorbed, which speeds up the rate of intoxication. In one hour, an average liver can process or eliminate approximately 12 ounces of beer, 5 ounces of wine and 1.5 ounces of 80-proof liquor, so if the amount consumed exceeds the rate of elimination, higher levels of BAC and/or intoxication will occur.
Concentration of Alcohol
The strength of a drink will determine the absorption rate. For example, a straight shot will be absorbed faster into the system than one mixed with juice. Alcohol is generally absorbed from fastest to slowest: Fastest being a straight shot followed by, carbonated mixer, water mixer and juice mixer.
Food
Food in the stomach will slow the absorption of alcohol. Foods high in fat and protein help slow alcohol from being absorbed into the bloodstream because they remain in the stomach longer.
Carbonation
Alcohol that is either carbonated or mixed with a carbonated beverage will absorb into the bloodstream faster than drinks that are not carbonated. Carbonation increases pressure in the stomach, which helps to force alcohol into the bloodstream via the stomach lining.
Other Drugs
Mixing other drugs with alcohol may cause unexpected reactions.
Key Fact
Absorption may continue up to 90 minutes after alcohol consumption has stopped.
DRUG AND ALCOHOL INTERACTIONS
Many people do not realize how dangerous it is to mix alcohol with other drugs. Whether they are prescription, over-the-counter or illegal, mixing any other drugs with alcohol can result in a deadly combination, regardless if a person is a heavy or light drinker. If someone takes a time-released medication and consumes alcohol, it is important to note that the alcohol may dissolve the coating, releasing the full dose all at once instead of over time.
Drug interactions may be:
Additive:
An effect in which two substances or actions used in combination produce a total effect the same as the sum of the individual effects. (example 1+1=2)
Synergistic:
The capacity of two or more drugs acting together so that the total effect of these drugs is greater than the sum of the effects if taken independently. (example 1+1=3)
Antagonistic:
The effect of the drug is diminished in the presence of alcohol. Here are some examples of drugs that can cause antagonistic interactions – that is, they reduce the effectiveness of the drug’s ability to do its job.
- Antibiotics
- Cardiovascular medication
- All blood-thinning medication (Anticoagulants)
- Medication for seizure disorders
- Medication for individuals with diabetes
Below are some examples of interactions that can cause serious side effects:
- Non-narcotic pain relievers: Medication such as aspirin or ibuprofen can cause stomach bleeding and inhibit blood from clotting. Alcohol use exacerbates these effects.
- Antipsychotic medication: Alcohol use can cause potentially fatal breathing difficulties.
- Antidepressants: Certain types can cause a dangerous rise in blood pressure.
- Sedatives and Hypnotics: When mixed with alcohol, sleeping pills, tranquilizers or anxiety medications (such as Valium or Ativan) can depress breathing function.
- Narcotic pain relievers: When mixed with alcohol, the interaction enhances the drug’s effect, increasing the risk of death from overdose. Thus, the mixture can cause a synergistic effect. These medications are often opium-based (Demerol, codeine, morphine, Percocet and Darvon).
When assessing the intoxication level of a patron, servers do not need to know the specific effects of drugs, whether legal or illegal. However, you should be aware of signs that a possible reaction is occurring such as: excessive sweating, erratic behavior and becoming intoxicated quickly. What is important to know is that it is illegal to serve someone who is visibly intoxicated, regardless of whether the visible intoxication resulted from consuming alcohol, other drugs or a combination.
ALCOHOL AND ENERGY DRINKS
Energy drinks are beverages that typically contain several stimulants with the primary stimulant being caffeine. Mixing energy drinks with alcohol, usually a type of liquor, has become increasingly popular among young adults over the past few years. As a result, energy drinks are commonly used as mixers for alcoholic drinks in bars and nightclubs.
According to the Centers for Disease Control and Prevention, CDC, when alcoholic beverages are mixed with energy drinks, the caffeine in these drinks can mask the depressant effects of alcohol. At the same time, caffeine has no effect on the metabolism of alcohol by the liver and thus does not reduce blood alcohol concentration or reduce the risk of alcohol-attributable harms.
As a server, it is important for you to understand what it is that you are giving to your customers.
Discuss how alcohol and energy drinks are typically served/ordered in establishments and in what amounts (serving size).1.How are alcohol and energy drinks typically served/ordered in your establishment?
2.Do you have any house policies regarding alcohol and energy drinks?
Mixing energy drinks with alcohol can be extremely dangerous. Here are a few possible side effects to consider:
Increased risk for heart problems
Energy drinks contain a much higher level of caffeine than other mixers, and that can increase a person’s blood pressure and cause cardiac problems.
An 8.3-ounce can of Red Bull contains 80-milligrams of caffeine. By comparison, soda, such as Coca-Cola, contains about 34-milligrams of caffeine per 12-ounces. Most cola mixed drinks do not contain a full 12-ounces of cola. When a patron orders a rum and coke, they are not getting 34-milligrams of caffeine. In comparison, many establishments will split a can of Red Bull between 2 drinks, meaning that a patron will be consuming about 40-milligrams of caffeine per drink.
Nervous system issues
When consumed, alcohol acts as a depressant, which relaxes a person’s body, while energy drinks act as a stimulant. Mixing a depressant and stimulant in your body can negatively affect the nervous system, causing potential harm.
Everyone’s body reacts differently
Everyone will have a different reaction when combining energy drinks with alcohol. As a server, you do not know what type of medical issues your patrons have. They may not even know. If they have an unknown heart condition, consuming these drinks can trigger complications.
Effects of alcohol multiplied
If a person consumes too much alcohol, they are likely to experience a hangover the next day. Many times, symptoms such as nausea, headaches and fatigue are increased if they consume energy drinks with alcohol.
Caffeine and other ingredients not regulated by the FDA
Manufacturers of soft drinks, such as Coca-Cola and Pepsi, are limited by the Food and Drug Administration, FDA, as to the amount of caffeine one beverage may contain. Energy drinks, on the other hand, are exempt from FDA regulation. Therefore, these types of drinks have unpredictable doses of caffeine and other ingredients in them. Since there is no hint on their labels as to the amounts of these ingredients per serving, they can lead to serious health effects, especially when mixed with alcohol.
Those who drink alcohol mixed with energy drinks tend to feel less intoxicated. This can allow a person to think he/she is not intoxicated and consume more than his/her body can handle.
DRINK EQUIVALENCY
Drink equivalency is important for you to understand in order to serve alcohol responsibly. As a server, you want to count standard servings of alcohol, not drinks, because a drink can contain more than one standard serving of alcohol.
1. What is a standard serving of alcohol?
- 12 ounces of beer
- 5 ounces of wine
- 1.5 ounces of 80-proof liquor
- 1 ounce of 100-proof
Note:These standards are based on 5% alcohol in 12 oz. beer, 12% alcohol in 5 oz. wine
According to the National Institute on Alcohol Abuse and Alcoholism, “in the United States, a ‘standard’ drink is any drink that contains about 0.6 fluid ounces or 14 grams of ‘pure’ alcohol.” Standard drink equivalents are: 12 ounces of beer, 5 ounces of wine and 1.5 ounces of 80 -proof liquor or 1 ounce of 100 – proof.
In order to estimate how much time it will take the body to eliminate what was consumed, the size of the drink and the amount of alcohol the drink contains must also be considered. For example, a mixed drink containing more than one shot of liquor should be counted as more than one drink. As a server, it’s also important that you know how much the glasses hold at your establishment, so you can better estimate how much alcohol you are serving your customers.
KEY FACT:
For purposes of bar spending or providing free drinks, PLCB regulations provide that a standard-size alcoholic beverage is 12 fluid ounces of malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) or 1.5 fluid ounces of
spirits. [40 Pa. Code § 13.53]
Although this amount of wine differs slightly, you only need to concern yourself with this when you are providing a free drink to a patron. Licensees may provide one free standard drink to a person per offering, provided the giving of the alcoholic beverage is not contingent upon the purchase of any other alcoholic beverage.
After the alcohol has been absorbed and passes through the body, it must be eliminated. The liver is responsible for the elimination – through metabolism – of approximately 90 – 95 percent of ingested alcohol from the body. The remainder of the alcohol is eliminated through the excretion of alcohol in breath and urine.
Healthy people metabolize alcohol at a fairly consistent rate. As a rule of thumb, a person will eliminate one standard drink, or 0.5 oz (15ml) of alcohol per hour. Several factors influence this rate. The rate of elimination tends to be higher when the blood alcohol concentration in the body is very high or very low. Additionally, the body’s ability to metabolize alcohol quickly tends to diminish with age.
KEY FACT
There is nothing that can be done to speed up the rate of metabolism. The more a person drinks, the longer it will take to eliminate the alcohol from his/her system.
DID YOU KNOW?
- Irritates the linings of the stomach and intestines. This can lead to vomiting.
- Increases blood flow to the stomach and intestines. This increases secretions by these organs, most notably stomach acid.
- Increases blood flow to the skin. This causes a person to sweat and look flushed. Sweating causes body heat to be lost and the person’s body temperature may actually fall below normal.
- Reduces blood flow to muscles and the brain. This can lead to muscle aches and headaches, most notably when a person recovers from the alcohol (the “hangover”).
Measuring Intoxication
The common measures of intoxication are blood alcohol content, BAC, and visible intoxication.
- 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
- 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
Explanation of BAC
BAC, or blood alcohol content, is the amount of alcohol in the bloodstream. It is measured in percentages. For example, a 0.1 0 percent BAC is 1 part alcohol per 1,000 parts of blood.
Although servers can’t know a customer’s BAC, they can try to estimate it by counting standard servings of alcohol and being familiar with the BAC chart. Customers with high tolerance, the body’s ability to hide the visible signs of intoxication, can drink large amounts of alcohol and not show signs of visible intoxication, yet still be legally intoxicated because of their SAC level.
When BAC rises, the body is consuming more alcohol than the liver can metabolize. A drop in BAC indicates that enough time has passed for the liver to break down the alcohol. So, time is the key factor in eliminating alcohol.
BAC is the legal standard police and courts use to determine levels of intoxication. Intoxication is based on the amount of alcohol in a person’s blood. In Pennsylvania, it is illegal to operate a motor vehicle with a BAC of 0.08 percent or higher.
1. At what BAC does it become illegal for minors to drive in PA?
0.02%
2. At what BAC does it become illegal for CDL holders to drive in PA?
0.04% commercial vehicles
0.02% school buses or school vehicles.
Note: A CDL driver can be charged with a DUI if the alcohol concentration in the individual’s blood or breath is:
TOLERANCE
Tolerance is a person’s ability to hide the signs of impairment. Usually, the more alcohol a person consumes, the more signs of impairment they exhibit. However, a person who drinks frequently or heavily may develop a high tolerance to alcohol, in which case they may not show the normal signs of impairment as quickly as other guests.
KEY FACTS:
Tolerance does not mean the guest is not intoxicated.
Chronic alcohol users can have twice the tolerance for alcohol as an average person.
ALCOHOL AND THE BRAIN
1. Relaxed inhibitions – A person will say or do things they normally would not.
1. What are some signs of relaxed inhibitions?
Bravado, loud speech, overly friendly, depressed, use of foul language
2. Impaired Judgement – A person’s ability to make sound decisions diminishes
2. What are some signs of impaired judgement?
Drinking faster, ordering doubles, complaining about the strength of a drink, buying rounds, acting belligerent
3. Slowed reactions – A person’s ability to respond and react diminishes
3. What are some signs of slowed reactions?
Slurred speech, glassy eyes, loss of train of thought, lighting more than one cigarette, moving slowly, becoming tired
4. Impaired coordination – A person’s motor skills will be affected
4. What are some signs of impaired coordination?
Staggering, spilling drinks, being unable to pick up things, falling off stool, swaying.
As you can see from the chart below, judgment is one of the first behaviors affected.
At BACs of 0.40 percent and above, hospitalization is probable and death is imminent.
VISIBLE INTOXICATION DEFINED
You just learned that BAG is the legal standard police and courts use to determine levels of intoxication. As a server, you are not expected to know a customer’s BAG as determined by a Breathalyzer test; however, you are expected to recognize visible intoxication. “Visible intoxication” is a level of impairment that is evident upon common observation such as a person’s behavior or appearance. This is the standard servers should use to decide if a customer is intoxicated. It is illegal for a licensee or any employee, servant or agent of the licensee or any other person, to sell, furnish or give any alcoholic beverages or permit any alcohol to be sold, furnished or given to any person who is visibly intoxicated. Once it is determined that a customer is visibly intoxicated, alcohol service must be stopped immediately.
Note:There is no single indicator that will specifically identify visible intoxication.
There are many signs a person exhibits when they are visibly intoxicated. If a person shows just one or two of these signs, that alone may not mean the person is intoxicated. If the person shows a combination of several of these signs or has a significant change in behavior, that could be a strong sign that the person is a visibly intoxicated person, “VIP”.
Servers should use their skills and experience to decide whether a customer is intoxicated. For example, a quiet person who becomes loud while drinking might be a VIP. However, a person who is always loud and outgoing might not be a VIP.
KEY FACT: It is illegal to serve alcohol to a visibly intoxicated person.
Please note it is also important to monitor patrons who have been flagged to make sure that no one else is providing them with any alcohol while on your licensed premises, as you will be held liable.
Myths and Facts
Misinformation regarding alcohol is very common. Some common misconceptions are:
“I’m bigger. I can handle my drinks better.” No one is immune to the effects of alcohol.
“I’m drinking light beer so I can drink more.” Products such as light beer and wine coolers generally have nearly as much alcohol as their regular counterparts. They’re just lower in calories.
“I’m drinking beer and it contains less alcohol than liquor.” Beer has the same amount of alcohol per standard serving as does wine or liquor.
Liability Concerns
Administrative Liability
The Pennsylvania Liquor Code makes it illegal for licensees, or their servants, agents or employees, to serve alcoholic beverages to visibly intoxicated patrons (VIPs) and minors. Violations of that law by licensees may result in fines from $1,000 to $5,000 (unless, at the time of the sale, the licensee was RAMP certified and had not sold to VIPs or minors in the previous 4 years, then the licensee’s fine would range from $50 to $1,000); suspension or revocation of the liquor license; and mandated RAMP certification.
This is often referred-to as “strict liability” because licensees are always responsible for the actions of their employees – even when the licensee is absent.
Criminal Liability
There are two different ways a person could be fined criminally, under the Pennsylvania Liquor Code and under the Pennsylvania Crimes Code.
A.The Pennsylvania Liquor Code
If a licensee or employee sells to a visibly intoxicated person or minor, he or she could be fined up to $5,000 and/or be imprisoned from 3 months to 1 year.
Any other person who violates any provision of Article IV of the Liquor Code commits a misdemeanor and could be fined $100 to $500.
B.Pennsylvania Crimes Code
People who sell or furnish alcohol to minors can also be prosecuted criminally under the Pennsylvania Crimes Code. Anyone convicted of willfully and knowingly selling or furnishing alcoholic beverages to a minor faces a minimum fine of $1,000 for the first offense and $2,500 for each subsequent offense, as well as a possible jail term of up to one year for each offense.
Civil Liability
“Dram shop” is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.
“Dram shop liability” refers to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties (those not having a relationship to the bar) as a result of alcohol-related car crashes and other accidents.
Dram shop liability is commonly called third-party liability because the lawsuit involves three parties:
- 1st party= The licensee and/or server
- 2nd party= The minor/ intoxicated patron
- 3rd party = The victim
Dram shop cases have resulted in verdicts awarding substantial amounts of money to those parties involved. Violators have been successfully sued for everything they own, including their businesses, houses and other personal property.
The Liquor Code provides that no licensee shall be liable to third parties on account of damages inflicted upon them off of the licensed premises by customers of the licensee unless that customer was sold, furnished or given alcohol by the licensee or its servants, agents or employees when that customer was visibly intoxicated.
KEY FACT:
Generally, a lawsuit for personal injuries can be filed up to two years after the incident.
DOCUMENTATION
The best protection against liability lawsuits is to not serve alcohol to visibly intoxicated persons or to minors. For additional protection, you should keep a daily record of events. Do not rely solely on your memory to help you. An excellent tool to accomplish this is the Incident Documentation Form. The Incident Documentation Form can provide a defense in the event a lawsuit is filed.
1. What kind of incidents should be documented?
- Attempts to purchase by a minor
- Refusal of service
- Bar fight
- Refusal of entry (patron arrives as a VIP)
2. Who should complete the form and when?
The form should be completed immediately by the employee who was involved in the incident. When completing the form, be sure to:
3. What are some reasonable efforts you can make?
- Call a taxi
- Refuse service
- Call police
Daily, consistent entries, even when there are no problems, demonstrate responsible business practices. A daily record provides other valuable business information, such as customer trends, requests or complaints, employee relations and more. This can be a useful tool in improving the business.
Be sure to ask where your establishment’s Incident Documentation Forms can be found, under what circumstances they should be completed and where they are to be filed.
KEY FACT:
Incident records should be kept for at least two years following an incident because lawsuits can be filed up to two years after an event.
THE LIQUOR CODE
The Liquor Code is a governing body of law applicable to every licensee in Pennsylvania. Licensees and their employees are responsible to know and follow the Liquor Code. Failure to do so could result in a citation for both the owner and employee.
1. Who enforces the Liquor Code?
Pennsylvania State Police, Bureau of Liquor Control Enforcement
2. Who creates the laws that are in the Liquor Code?
State Legislature
PLCB REGULATIONS
The Pennsylvania Liquor Control Board establishes regulations to implement the Liquor Code and explain how it will apply its practices and procedures.
KEY FACT:
All licensees/employees must adhere to everything in the Liquor Code and PLCB regulations.
HOUSE POLICIES
Written policies will guide you on how to manage tough situations. The goal here is to get everyone on the same page and handle situations in a similar fashion.
RAMP strongly recommends every establishment have a written set of rules beyond the Liquor Code called “house policies.” Having written policies can greatly reduce your risk of liability and avoid violations.
House policies are created typically by the owners or managers of licensed establishments. They are the “rules” of the establishment beyond the Liquor Code.
House policies can be more stringent than the Liquor Code and cover a wide variety of topics. Some topics to consider are how to handle minors and VIPs, where minors can sit, last call and number of drinks to serve one person.
3. What are some of your house policies?
- Minors
- VIPs
4. What additional policies would you like to see implemented where you work?
KEY FACT:
House policies can be changed at any time.
CLUB BYLAWS
Private club licensees such as the Elks Club or American Legion have written rules called bylaws. PLCB regulations require that private clubs adhere to their constitutions and bylaws. If a club does anything contrary to what is stated in those documents, it can be cited by the Pennsylvania State Police, Bureau of Liquor Control Enforcement (PSP BLCE).