Module 3

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Module 3:

Intoxicated People and Alcohol Sales

 

 

 

In this module, we will focus on preventing illegal alcohol sales to people that are intoxicated.

 

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KEY POINTS TO THE PREVIOUS CODE

 

It is illegal for an employee to ask a customer to buy them a drink, or to be intoxicated on the premise where they work as a seller-server. [Texas Alcoholic Beverage Code Sec. 104.01]

 

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Intoxication Laws:

 

Sec. 49.02 PUBLIC INTOXICATION (Texas Penal Code)

 

 

Sec. 101.63 SALE TO CERTAIN PERSONS (Texas Alcoholic Beverage Code)

 

 

Sec. 104.01 LEWD, IMMORAL, INDECENT CONDUCT (Texas Alcoholic Beverage

Code)

 

Knowing these laws is a key goal of this course. It should be very clear that serving someone who is intoxicated is a crime.

 

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Are these legal or illegal sales of alcohol?

 

On Premise

  1. A person walks into your bar or restaurant and is obviously intoxicated. Is it legal to serve them alcoholic beverages?

 

 

  1. If a person drinks alcohol in your bar or restaurant and you know that they have become intoxicated, is it legal to continue to serve them alcoholic beverages?
  1. A bar or restaurant is a public place, so is it legal for a person to be intoxicated to the extent that they pose a danger to his or herself, or to others?

 


Off Premise

  1. If a person walks into your retail store and you can tell that they are intoxicated, is it legal to sell them alcoholic beverages?

 

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Are these legal or illegal sales of alcohol?

 

On Premise

  1. A person walks into your bar or restaurant and is obviously intoxicated. Is it legal to serve them alcoholic beverages?

 

 

It is illegal. You can’t serve someone who is intoxicated.

 

  1. If a person drinks alcohol in your bar or restaurant and you know that they have become intoxicated, is it legal to continue to serve them alcoholic beverages?

 

It is illegal. Once someone has become intoxicated, it is illegal to keep serving them

  1. A bar or restaurant is a public place, so is it legal for a person to be intoxicated to the extent that they pose a danger to his or herself, or to others?

 

It is illegal for this to happen.

 

Off Premise

  1. If a person walks into your retail store and you can tell that they are intoxicated, is it legal to sell them alcoholic beverages?

 

It is illegal to sell them an alcoholic beverage.

 

So now you have a good understanding that you can’t serve an intoxicated person. In the next section you learn methods to determine if someone is intoxicated.

 

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Dram Shop Laws:

Sec. 2.02 CAUSES OF ACTION. (Texas Alcoholic Beverage Code)

 

(a) This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage.

 

(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:

(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and

(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

 

(c) An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:

the adult is not:

the minor’s parent, guardian, or spouse; or

an adult in whose custody the minor has been committed by a court; and

the adult knowingly served or provided to the minor any of the alcoholic beverages   that contributed to the minor’s intoxication; or  allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

 

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KEY POINTS THE PREVIOUS CODE

 

“Dram Shop” is a legal term referring to a bar, or retailer where alcoholic beverages are sold. The law known as the Dram Shop Act deals with the responsibility of businesses that sell alcohol to people who are obviously intoxicated to the extent that he or she presents a clear danger to him or herself or others, who subsequently cause property damage, injury, or death to themselves or others.

 

This means that if alcohol is sold to an intoxicated person, and that person is involved in an accident, then who ever sold, served, or provided the alcoholic beverages may be found liable for personal injury or property damage caused in the accident.

 

This law says that YOU, as a seller-server of alcohol, have the responsibility of making sure that alcohol is not sold to someone that is intoxicated.

[Texas Alcoholic Beverage Code Sec. 2.02]

 

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Dram Shop Act

 

Definition:

Dram Shop Act refers to the law governing the civil liability of a provider who sells/serves/provides alcohol beverages; including, but not limited to licensees or permitees. Civil liability allows a person(s) who is injured or suffers property damage to sue the provider in civil court.

 

 

 

Background:

Texas Legislature enacted the Dram Shop Act on June 1, 1987 in Chapter 2 of the Texas Alcoholic Beverage Code. Section 2.03 of the Code says Chapter 2 is the exclusive means of pursuing the provider for damages resulting from intoxication.

 

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What the DRAM SHOP ACT means

 

 

The Act establishes that providers including licensees/permitees are liable for actions of their employees, customers, members or guests who are or become intoxicated and cause injury or property damage to themselves or a third party. Establishments can be held liable in civil court when an employee sells/serves/provides alcohol to an obviously intoxicated person (including minors) who presents a clear danger to him/herself or others and who subsequently causes injury or damage.

 

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Penalties to DRAM SHOP

The licensee / permitee is subject to revocation of their license/permit for violating the Dram Shop Act. Liability for damages caused would be determined in a civil court.

 

 

 

So do you want to take responsibility for the actions of an intoxicated  person?

 

  • I would assume your answer is no. I would not want to be either. The Dram Shop Act says just that. If you serve an intoxicated person you are responsible for their actions.
    • How do you keep this from happening?

 

NEVER SERVE AND INTOXICATED PERSON

 

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Key #2: Know Your Customers

 

What are the keys to customer observation for intoxication?

To decide if a sale of alcohol is legal, watch your customers to:

 

  • See How They Look
    • Look at your customer and notice their general appearance.

 

 

  • See What They Do
    • Watch your customer’s movements and behaviors.

 

  • See How They React
    • Watch how your customer interacts with you and others

 

 

 

  • See How Much Alcohol Has Been Purchased or Consumed
    • Watch the tab and see how many drinks have been consumed

 

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OBJECTIVES:

 

When you complete this module, you will be able to:

 

§ Describe how seller-servers are responsible for the acts of their customers (Dram Shop Act)

 

§ Given a scenario, state if a sale of alcohol is legal or illegal with regards to an intoxicated person.

 

§ Define blood alcohol concentration (BAC) and list factors that affect BAC in individuals

 

§ Use observations to detect if a person is intoxicated

 

§ Given a scenario, select appropriate intervention techniques for preventing sales to intoxicated persons

 

 

 

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Signs of Intoxication

The most common signs of intoxication are included on the next page. When you only have a few moments to determine if a customer is intoxicated, it is helpful to look for the signs that we are about to go over.

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Off-Premise

40 Likely Signs of Intoxication

 

Loud speech

Bravado, boasting

Overly animated or entertaining

Boisterous

Careless with money

Annoying other customers and/or the seller

Argumentative

Aggressive or belligerent

Obnoxious or mean

Inappropriate comments about    others

Crude behavior

Inappropriate sexual advances

Foul language

Irrational statements

Depressed or sullen

Crying or moody

Speaking loudly, then quietly

Drowsy

Bloodshot, glassy eyes

Slurred speech

Difficulty remembering

Slow response to questions

Rambling conversation

Loss of train of thought

Trouble making change

Difficulty handling money

Difficulty picking up change

Lack of focus and eye contact

Clumsy, uncoordinated

Difficulty standing

Unusual gait (walk)

Stumbling

Bumping into things

Dropping things

Swaying, staggering

Falling down

Mussed hair

Disheveled clothing

Falling asleep

Smells like alcohol

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                                   On-Premise

                     50 Likely Signs of Intoxication

 

Loud speech

Bravado, boasting

Overly animated or entertaining

Boisterous

Overly friendly to other guests and employees

Drinking alone

Drinking too fast

Careless with money

Urging other people to have another drink

Ordering doubles

Annoying other guests or servers

Complaining about drink prices

Complaining about drink strength or preparation

Argumentative

Aggressive or belligerent

Obnoxious or mean

Inappropriate comments about others

Crude behavior

Inappropriate sexual advances

Foul Language

Irrational statements

Depressed or sullen

Crying or moody

Radical changes in behavior

Speaking loudly, then quietly

 

 

Drowsy

Bloodshot, glassy eyes

Slurred speech

Difficulty remembering

Slow response to questions

Spilling drinks

Rambling conversation, loss of train of thought

Trouble making change

Difficulty handling money, picking up change

Lack of focus and eye contact

Difficulty lighting a cigarette

Lighting more than one cigarette at a time

Letting a cigarette burn without smoking

Clumsy, uncoordinated

Difficulty standing up

Unusual gait (walk)

Stumbling

Bumping into things

Swaying, staggering

Unable to sit straight in chair or on bar stool

Can’t find mouth with glass

Falling down

Mussed hair

Disheveled clothing

Falling asleep

 

 

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Observing Your Customers:

  • See How They Look
    • Look at your customer and notice their general appearance.

 

  • See What They Do
    • Watch your customer’s movements and behaviors.

 

  • See How They React
    • Watch how your customer interacts with you and others.

 

  • See How Much Alcohol Has Been Purchased or Consumed
    • Watch the tab and see how many drinks have been consumed.

 

Use your observations of customer’s appearance, behaviors, and reactions to determine if they are intoxicated or becoming intoxicated.

For off-premise sales, you may only have a few moments to determine if a customer is intoxicated.

To better protect yourself, on-premise servers should be able to keep a count of the drinks served to the customer and periodically reassess the customer for signs of intoxication. Remember that alcohol takes time to reach the brain and cause intoxication.

 

If you feel another alcoholic beverage would make the customer intoxicated or possibly intoxicated, you should not serve!!!!!!

 

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Observe your customer’s appearance.

 

§ They may become flushed in the face as the alcohol dilates blood vessels.

§ They may not be aware of their appearance and have mussed hair or disheveled clothing.

 

Observe your customer’s behavior.

 

 

§ Talk to the customer when they first enter your establishment and use this to establish a baseline

§ They may be clumsy and less able to perform ordinary tasks, such as lighting a cigarette or picking up change.

§ They may feel invincible and take more risks than when sober.

 

 

Observe your customer’s interactions with others.

§ An intoxicated person may not be able to speak coherently.

§ An intoxicated person may be argumentative.

§ An intoxicated person can lose their inhibitions while drinking alcohol; they can say and do things they would not ordinarily do.

 

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Additional Observation Methods:

 

Not all customers will display the typical signs of intoxication. You hear people say they have a “tolerance” for alcohol, which may not be accurate. They have learned to control the behaviors that are signs of intoxication.

 

 

Conversation, close observation, and drink counting may be the only tools you have to determine that someone is intoxicated even though they are not showing the typical signs of intoxication.

 

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ADDITIONAL OBSERVATION METHODS

 

§ You may be able to keep track of the number of drinks served to a customer and estimate their blood alcohol concentration, as described in the next section.

 

§ Periodically reassess if a customer is becoming intoxicated. You can ask open-ended questions that require them to think about the answers. Their reaction time will be much longer if they are intoxicated.

 

You should rely on your observations and not just the number of drinks served because:

§ You may not know all of the factors that affect their intoxication level.

§ They may have had alcohol before they arrived.

 

BE SURE NOT TO RELY SOLELY ON DRINK COUNTING. YOU MUST STILL WATCH FOR OTHER SIGNS OF INTOXICATION.

 

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Blood Alcohol Concentration (BAC):

Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage. For example, if someone has a BAC of 0.10 percent this means that the person has one part chemical alcohol with 1000 parts blood fluids.

 

As a person drinks alcohol their BAC will rise, whether or not they show signs of intoxication. A person might also become intoxicated at lower BAC levels. However, you can use these guidelines for drink counting and watching for possible intoxication.

BAC can be compared to adding food coloring to water. A couple of drops of coloring in a glass of water is a small percentage of coloring to water, but it is still noticeable.

 

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Estimating BAC (Drink Counting):

 

You can use the following charts to estimate a customer’s BAC and know when they are possibly influenced, impaired, or intoxicated. These charts are only examples and were developed by the National Highway Traffic Safety Administration.

Subtract .015 for each hour after drinking. One drink is based on 1.5 oz of 80 proof liquor (40%). 12 oz. beer (4.5%). 5 oz. wine (12%). The figures are averages and may vary based on the amount of food in the stomach. NOTE: At a BAC of 0.40% a person may become comatose and will be in danger of dying

 

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MEN

 

Approximate Blood Alcohol Percentage In One Hour For A Man

Drinks

Body Weight in Pounds

Influenced

 

100

120

140

160

180

200

220

240

 

1

.04 .03 .03 .02 .02 .02 .02 .02

Possibly

2

.08 .06 .05 .05 .04 .04 .03 .03

3

.11 .09 .08 .07 .06 .06 .05 .05

Impaired

4

.15 .12 .11 .09 .08 .08 .07 .06

5

.19 .16 .13 .12 .11 .09 .09 .08

Legally Intoxicated

6

.23 .19 .16 .14 .13 .11 .10 .09

7

.26 .22 .19 .16 .15 .13 .12 .11

8

.30 .25 .21 .19 .17 .15 .14 .13

9

.34 .28 .24 .21 .19 .17 .15 .14

10

.38 .31 .27 .23 .21 .19 .17 .16

 

WOMEN

Approximate Blood Alcohol Percentage In One Hour For A Woman

Drinks

Body Weight in Pounds

Influenced

 

100

120

140

160

180

200

220

240

 

1

.05 .04 .03 .03 .03 .02 .02 .02

Possibly

2

.09 .08 .07 .06 .05 .05 .04 .04

3

.14 .11 .11 .09 .08 .07 .06 .06

Impaired

4

.18 .15 .13 .11 .10 .09 .08 .08

5

.23 .19 .16 .14 .13 .11 .10 .09

Legally Intoxicated

6

.27 .23 .19 .17 .15 .14 .12 .11

7

.32 .27 .23 .20 .18 .16 .14 .13

8

.36 .30 .26 .23 .20 .18 .17 .15

9

.41 .34 .29 .26 .23 .20 .19 .17

10

.45 .38 .32 .28 .25 .23 .21 .19

Subtract 0.015 for each hour after drinking. One drink is based on 1.5 oz of 80 proof liquor (40%) 12 oz. beer (4.5%), or 5 oz. wine (12%). The figures are averages and may vary based on the amount of food in the stomach. NOTE: At a BAC of 0.40% a person may become comatose and will be in danger of dying.

 

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Topics in this module:

 

§Key #1: Know the Law

      

Intoxication Laws

Dram Shop Act

Driving and Alcohol

 

§ Key #2 Use Observations to Know Your Customers

 

 

Signs of Intoxication

Other methods of determining intoxication

 

§ Key #3: Know When and How to Say “No”

 

 

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What is a Standard Drink?

 

 

Remember not all drinks are equal when counting drinks. Multi-liquor drinks or over sized drinks have more alcohol than a single shot drink or a regular 12-ounce beer.

A “Standard Drink” may not reflect actual serving sizes. For example, a single mixed drink made with hard liquor can contain one-to-three or more standard drinks, depending on the type of spirits and the recipe.

In the United States, a “standard” drink is any drink that contains about 0.6 fluid ounces or 14 grams of “pure” alcohol. Below is the approximate number of standard drinks in different sized containers of alcohol:

 

          regular beer

         (5% alc/vol)

12 oz = 1
16 oz = 1

22 oz = 2

40 oz = 3⅓

 malt liquor

 (7% alc/vol)

12 oz = 1½

16 oz = 2

22 oz = 2½

40 oz = 4½

 table wine             80 proof spirits or “hard liquor”

(12% alc/vol)         (40% alc/vol)

750 ml                    a shot (1.5-oz glass/50-ml bottle)

(a regular               a mixed drink or cocktail = 1 or more

wine bottle) =5       200 ml (half pint) = 4 1/2
375 ml (pint or half bottle) = 81/2

 

 

                                750 ml (fifth) =  17

 

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It is a myth that white wine is a good choice for a person who wants a light drink with less alcohol. In fact, a 5-ounce glass of white or red wine, a 12-ounce bottle or can of beer, or a shot of 1 ½-ounce of 80- proof distilled spirits (either straight or in a mixed drink) contain an equivalent amount of alcohol

Review the charts and tables concerning BAC. Find your own weight on the charts. Surprised about how many drinks it takes to get to .08?

 

                                                                                              MEN

 

Approximate Blood Alcohol Percentage In One Hour For A Man

Drinks

Body Weight in Pounds

Influenced

 

100

120

140

160

180

200

220

240

 

1

.04 .03 .03 .02 .02 .02 .02 .02

Possibly

2

.08 .06 .05 .05 .04 .04 .03 .03

3

.11 .09 .08 .07 .06 .06 .05 .05

Impaired

4

.15 .12 .11 .09 .08 .08 .07 .06

5

.19 .16 .13 .12 .11 .09 .09 .08

Legally Intoxicated

6

.23 .19 .16 .14 .13 .11 .10 .09

7

.26 .22 .19 .16 .15 .13 .12 .11

8

.30 .25 .21 .19 .17 .15 .14 .13

9

.34 .28 .24 .21 .19 .17 .15 .14

10

.38 .31 .27 .23 .21 .19 .17 .16

 

WOMEN

Approximate Blood Alcohol Percentage In One Hour For A Woman

Drinks

Body Weight in Pounds

Influenced

 

100

120

140

160

180

200

220

240

 

1

.05 .04 .03 .03 .03 .02 .02 .02

Possibly

2

.09 .08 .07 .06 .05 .05 .04 .04

3

.14 .11 .11 .09 .08 .07 .06 .06

Impaired

4

.18 .15 .13 .11 .10 .09 .08 .08

5

.23 .19 .16 .14 .13 .11 .10 .09

Legally Intoxicated

6

.27 .23 .19 .17 .15 .14 .12 .11

7

.32 .27 .23 .20 .18 .16 .14 .13

8

.36 .30 .26 .23 .20 .18 .17 .15

9

.41 .34 .29 .26 .23 .20 .19 .17

10

.45 .38 .32 .28 .25 .23 .21 .19

 

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HOW WELL CAN YOU FIGURE BAC?

 

 

Use the following examples to practice estimating a customer’s Blood Alcohol Concentration based on drink counting.

 

 

1.) A man who weighs approximately 220 pounds has one, 24-ounce glass of beer in one hour.

Number of standard drinks: ________ Estimated BAC: __

Possibly Impaired? ______ Impaired? _____ Intoxicated?______

 

2.) A woman who weighs approximately 120 pounds has three, 5-ounce glasses of wine in two hours.

 

Number of standard drinks: _______ Estimated BAC: ______

Possibly Impaired?______ Impaired ?______ Intoxicated? ____

 

3.) A man who weighs approximately 140 pounds has two, 12-ounce beers and one 1 ½ oz. shot of liquor in two hours.

 

Number of standard drinks: _______ Estimated BAC: _________

Possibly Impaired? _____ Impaired? _____ Intoxicated?_____

 

4.) A woman who weighs approximately 180 pounds has two, “double” mixed drinks in three hours.

 

Number of standard drinks: ______ Estimated BAC: ______

Possibly Impaired? _____ Impaired? ______ Intoxicated? _____

 

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ANSWERS:

 

 

1.) A man who weighs approximately 220 pounds has one, 24-ounce glass of beer in one hour.

Number of standard drinks: ________ Estimated BAC: __

Possibly Impaired? ______ Impaired? _____ Intoxicated?______

 

The man had 2 drinks and estimated BAC is .03. He is possibly impaired.

 

 

2.) A woman who weighs approximately 120 pounds has three, 5-ounce glasses of wine in two hours.

 

Number of standard drinks: _______ Estimated BAC: ______

Possibly Impaired?______ Impaired ?______ Intoxicated? ____

 

 

The woman had 3 standard drinks and an estimated BAC of 0.95. She is intoxicated.

 

 

 

3.) A man who weighs approximately 140 pounds has two, 12-ounce beers and one 1 ½ oz. shot of liquor in two hours.

 

Number of standard drinks: _______ Estimated BAC: _________

Possibly Impaired? _____ Impaired? _____ Intoxicated?_____

 

The man had 3 standard drinks and an estimated BAC of 0.65. He is impaired.

 

 

4.) A woman who weighs approximately 180 pounds has two, “double” mixed drinks in three hours.

 

Number of standard drinks: ______ Estimated BAC: ______

Possibly Impaired? _____ Impaired? ______ Intoxicated? _____

 

The woman had 4 drinks and an estimated BAC OF 0.07. She is impaired

 

 

 

Estimating BAC can be helpful if you are counting drinks, but observations are just as important in determining if a person is intoxicated.

 

 

 

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Other Factors Related to Intoxication

The following can affect BAC and intoxication; therefore, always consider whether the person appears to be intoxicated.

Gender

 

Body weight and type

 

Muscle/fat ratio

.

Type and timing of food

 

Fatigue

 

 

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Gender

On average it takes a woman’s body longer to metabolize one drink than the average male. It may take a man 1.5 hours, and  a woman 2.5 hours to metabolize one drink.

 

 

Body weight and type

In general, the more a person weighs the more alcohol they can consume before becoming intoxicated. Remember this is just an estimate and other factors may determine the actual level of intoxication.

 

Muscle/fat ratio

Body fat doesn’t absorb alcohol. Instead it forces the alcohol to remain in the bloodstream until the liver can break it down. Because of this, a more muscular person would have a lower BAC compared to a person with more fat.

 

Type and timing of food

The amount of food and type of food in the stomach determines how fast the alcohol is absorbed into the bloodstream. Foods with a high fat content, such as meats or cheeses, are a wise choice since these foods are metabolized at a slower rate.

 

Fatigue

A person who is fatigued, emotionally upset, or in poor health may become intoxicated more quickly and will retain alcohol longer.

 

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HERE ARE SOME QUESTIONS TO TEST YOUR UNDERSTANDING:

 

  • Do the signs of intoxication change if a person takes over-the-counter drugs?

 

 

 

  • Do the signs of intoxication change if a person is tired or depressed?

 

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ANSWERS

 

  • Do the signs of intoxication change if a person takes over-the-counter drugs?

 

  • No, the signs of intoxication will remain the same but they may appear more quickly than if the person was not taking medication.

 

 

 

  • Do the signs of intoxication change if a person is tired or depressed?

 

  • No, the signs of intoxication will remain the same but they may appear more quickly than if the person was well rested or not depressed.

 

 

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Other Causes of Intoxication:

Observations are most important because intoxication can be caused by factors other than the drinks that the customer has in the establishment you are working in.

 

 

 

Prescription, Over the Counter, or Illegal Drugs

 

 

 

 

 

Drink Tampering

 

 

 

 

 

Alcohol Poisoning

 

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Prescription, Over the Counter, or Illegal Drugs

If a person is taking prescription, over the counter, or illegal drugs it will not change their BAC. However, the person’s reaction to the alcohol may increase, and they may become intoxicated more quickly. Some prescription medicines combined with alcohol consumption may be deadly.

Weight loss drugs and caffeine are stimulants. They may cause a person to feel alert, but do not change the effect of alcohol on reaction time and judgment.

Analgesics (pain killers), cold remedies, or cough medicines can cause drowsiness, which can slow reaction time, slow judgment, and increase signs of intoxication.

 

Drink Tampering

Be aware that drink tampering does occur. These drugs are sometimes referred to as date rape drugs. The drugs used in most cases are Rohypnol and Gammahydroxybutyrate (GHB). They are slipped into drinks when the target individual is distracted or leaves a drink unattended. The drugs may cause deep sedation, respiratory distress, blackouts, forgetfulness, and make sexual assault more likely.

There is no unusual taste or look to a drink contaminated by either of these drugs. Drug manufacturers have responded to this by making Rohypnol turn blue when placed in drinks; GHB turns drinks cloudy. However, these drugs can be obtained off the regular market with the old formulations.

Be aware of any suspicious activities where someone might have placed a drug in an unattended drink or in a drink when someone is distracted. If you suspect drink tampering, remove the tampered drink with the pretext of bringing a fresh drink, alert management, and offer assistance.

 

Alcohol Poisoning

Alcohol depresses nerves that control involuntary actions such as breathing and the gag reflex (which prevents choking). A fatal dose of alcohol will eventually stop these functions.

It is common for someone who consumed excessive alcohol to vomit since alcohol is an irritant to the stomach. There is also the danger of choking on vomit, which could cause death by asphyxiation in a person who is not conscious because of intoxication.

It is a myth that it is good to throw up at the end of a night of drinking “because it gets the alcohol out of the system.” In fact, throwing up is a sign the body is getting toxic. It is also a myth that coffee will help sober someone up; only time can sober a person up.

You should also know that a person’s BAC can continue to rise even while he or she is passed out. Even after a person stops drinking, alcohol in the stomach and intestine continues to enter the bloodstream and circulate throughout the body

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Key #1: Know the Law

 

This section describes the laws intended to prevent the sale of alcoholic beverages to intoxicated persons.

According to the Texas Penal Code §49.01, intoxicated is defined as: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

The definition of public intoxication is if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

 

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Alcohol poisoning is a dangerous consequence of excessive drinking.

Signs and symptoms of alcohol poisoning:

§ Mental confusion, stupor, coma, or the person cannot be roused

§ Vomiting

§ Slow breathing (fewer than eight breaths per minute)

§ Irregular breathing (10 seconds or more between breaths)

§ Hypothermia (low body temperature), bluish skin color, paleness

 

If you suspect someone has alcohol poisoning:

§ Know the danger signals.

§ Do not wait for all symptoms to be present.

§ Do not leave a person who passes out to “sleep it off”. Be aware that a person who has passed out may die.

§ If there is any suspicion of an alcohol overdose, call 911 for help. Do not try to guess the level of drunkenness.

 

If alcohol poisoning goes untreated?

§ The victim may choke on his or her own vomit.

§ Breathing slows, becomes irregular, or stops.

§ Heart beats irregularly or stops.

§ Hypothermia (low body temperature) may occur.

§ Hypoglycemia (too little blood sugar) leads to seizures.

§ Untreated severe dehydration from vomiting can cause seizures, permanent brain damage, or death.

 

NOTE: Binge drinking (the consumption of five or more drinks in a row by men, or four or more drinks in a row by women, within a two hour period) is especially dangerous because the victim can ingest a fatal dose of alcohol before becoming unconscious.

 

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Module 3 Page 41

HERE ARE SOME QUESTIONS TO CHECK YOUR UNDERSTANDING:

 

 

 

True / False

 

1. Some over-the-counter drugs combined with alcohol can increase the rate at which a person becomes intoxicated.

 

 

True / False

 

2. A mixed drink may include two or three “standard drinks.”

 

 

True / False

 

3. A 5-ounce glass of wine has the same alcohol as a 12-ounce beer.

 

 

 

True /  False

 

4. Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage.

 

 

 

True  / False

 

5. A person can be intoxicated even if their BAC is below .08 percent; therefore, watch for signs to confirm intoxication.

 

 

True /  False

 

6. A person who is very tired or physically exhausted may become intoxicated more quickly.

 

 

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Module 3 Page 42

ANSWERS:

 

 

  1.  Some over-the-counter drugs combined with alcohol can increase the rate at which a person becomes intoxicated.
  • TRUE

 

 

  1. A mixed drink may include two or three “standard drinks.”
  • TRUE – make sure you know exactly what goes into the drinks that you serve.

 

  1. A 5-ounce glass of wine has the same alcohol as a 12-ounce beer.
  • TRUE- remember that standard drinks have the same amount of alcohol

 

 

  1. Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage.
  • TRUE

 

 

  1. A person can be intoxicated even if their BAC is below .08 percent; therefore, watch for signs to confirm intoxication.
  • TRUE- counting drinks is not enough. Always be aware of how your customers are acting

 

 

  1. A person who is very tired or physically exhausted may become intoxicated more quickly.
  • TRUE – make sure you know all the factors that are related to intoxication

 

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Module 3 Page 43

HERE ARE SOME QUESTIONS TO CHECK YOUR UNDERSTANDING:

 

 

1. Which of the following observations could be a sign that a customer is becoming  intoxicated?

a. You observe a customer laughing and talking louder and louder as the night goes  on

b. You observe the customer weaving and bumping into tables when walking to the                restroom.

c. You observe a customer rest his head on the table and closes his eyes.

d. All of the above.

 

 

2. Which of the following observations could be a sign that a customer is intoxicated?

 

a. You see a customer falling as she gets out of her car and is visibly stumbling on the curb before    entering your venue.

b. You notice the smell of alcohol when a customer comes to the counter, his face is flushed, and you observe the customer fumbling and dropping his wallet while retrieving his money.

c. You observe a customer leaning on his friend as they weave through the aisles of the store.

d. All of the above.

 

3. Fatigue, medication, drugs, or illness:

a. Decrease the effect alcohol has on a person

b. Increase the effect alcohol has on a person

c. Are not factors on the effect of alcohol

d. None of the above

 

 

4. Who is responsible for deciding if a person is intoxicated and if the sale of alcohol to them would be illegal?

a. The person who actually serves, sells, or delivers the alcoholic beverage

b. The manager on duty

c. The door people, bouncers, floorwalkers, or bartenders

d. The customer

 

 

5. Generally speaking, if each of the following persons drinks the same amount of alcohol in the same amount of time, which will feel the effects of intoxication most quickly?

a. A 150 pound man

b. A 100 pound woman

c. A 185 pound woman

d. A 200 pound man

 

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Module 3 Page 44

ANSWERS:

 

  1. Which of the following observations could be a sign that a customer is becoming intoxicated?
  • The answer is D – ALL OF THE ABOVE. a customer laughing and talking louder and louder as the night goes on, someone weaving and bumping into tables when walking to the restroom, and a customer rest his head on the table and closes his eyes.

 

 

  1. Which of the following observations could be a sign that a customer is intoxicated?
  • The answer is D- all of the above. – You see a customer falling as she gets out of her car and is visibly stumbling on the curb before entering your venue, you notice the smell of alcohol when a customer comes to the counter, his face is flushed, and you observe the customer fumbling and dropping his wallet while retrieving his money, and you observe a customer leaning on his friend as they weave through the aisles of the store.

 

 

  1. Fatigue, medication, drugs, or illness:
  • B – Increase the effect alcohol has on a person. Once again – remember that counting drinks is only one way to prevent serving intoxicated people. Always observe your customers closely.

 

 

  1. Who is responsible for deciding if a person is intoxicated and if the sale of alcohol to them would be illegal?
  • A – The person who actually serves, sells, or delivers the alcoholic beverage – if your serving a drink that you did not take the order for be careful to make sure your legally serving someone.

 

 

  1. Generally speaking, if each of the following persons drinks the same amount of alcohol in the same amount of time, which will feel the effects of intoxication most quickly?
  • B -  A 100 pound woman

 

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Module 3 Page 45

WHAT DO YOU THINK?

 

 

  1. Pretend you are working in a restaurant. A large man in his 40s comes in, and along with his meal he orders wine to drink. He drinks four glasses of wine while eating his dinner, over a one hour time period. Between courses of the meal, he visits the rest room and you observe that he is walking straight and steady. After he has finished his meal and wine, he asks to order an after-dinner liqueur. He speaks clearly, without a slur, and he appears alert and clear headed.

 

A. What signs of intoxication are present?

B. What else might you do or say before deciding if the customer is intoxicated?

C. What other things can you do to help decide if you should make the sale?

 

  1. A woman in her 50’s walks into your bar. On the way in, she stumbles, and weaves slightly as she walks to a table. She sits down heavily and loudly shouts out her drink order to you. She tries to light a cigarette but fumbles with her lighter. Again, she shouts for you to bring her a drink.

 

A. What signs of intoxication are present?

B. What else might you do or say before deciding if the customer is intoxicated?

C. What other things can you do to help decide if you should make the sale?  

 

  1. A woman approaches the register where you work with a six-pack of beer. You greet her, and she mumbles a reply. She does not make eye contact with you, but you notice that she is having trouble opening her purse to get her money. You ask if there is anything else that she needs, and she slurs her reply. When she looks at you, you notice that her face is flushed and her makeup is very messy.

 

 

  1. What signs of intoxication are present?
  2. What else might you do or say before deciding if the customer is intoxicated?

What other things can you do to help decide if you should make the sale?

  1. A couple is shopping in your store and as they wander around the aisles, you notice that they are laughing and talking loudly. They bring their purchases to the counter, including several bottles of liquor. They are talking clearly and other than laughing loudly are showing no other signs of intoxication.

 

           What other things can you do to help decide if you should make the sale?

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Module 3 Page 46

ANSWERS

  1. Pretend you are working in a restaurant. A large man in his 40s comes in, and along with his meal he orders wine to drink. He drinks four glasses of wine while eating his dinner, over a one hour time period. Between courses of the meal, he visits the rest room and you observe that he is walking straight and steady. After he has finished his meal and wine, he asks to order an after-dinner liqueur. He speaks clearly, without a slur, and he appears alert and clear headed.

 

A. What signs of intoxication are present? – No real signs of intoxication, but he has had four glasses of wine in an hour

B. What else might you do or say before deciding if the customer is intoxicated? You can stall the sale, bring him a glass of water, offer him coffee.

C. What other things can you do to help decide if you should make the sale?   Talk with him for    a little while. Check his physical appearance – are his eyes bloodshot or is his face flush?

 

  1. A woman in her 50’s walks into your bar. On the way in, she stumbles, and weaves slightly as she walks to a table. She sits down heavily and loudly shouts out her drink order to you. She tries to light a cigarette but fumbles with her lighter. Again, she shouts for you to bring her a drink.

 

A. What signs of intoxication are present? She is stumbling and weaving. She is being loud. She is fumbling on her lighter. She is shouting.

B. What else might you do or say before deciding if the customer is intoxicated? Talk to her, Watch her a little longer,

C. What other things can you do to help decide if you should make the sale?  You could keep observing her, but with everything she has done already, you should probably not serve her.

 

  1. A woman approaches the register where you work with a six-pack of beer. You greet her, and she mumbles a reply. She does not make eye contact with you, but you notice that she is having trouble opening her purse to get her money. You ask if there is anything else that she needs, and she slurs her reply. When she looks at you, you notice that her face is flushed and her makeup is very messy.

 

 

  1. What signs of intoxication are present? Mumbling, trouble opening her purse, she is slurring, her face is flushed.
  2. What else might you do or say before deciding if the customer is intoxicated? Maybe ask her how her day is going to find out if she is possibly sick, or anxious about something. Make sure you ask for ID.

 

What other things can you do to help decide if you should make the sale?

 If you think she is intoxicated you should not make the sale. You only have a short amount of time to determine if she is intoxicated. Remember if you don’t feel comfortable selling it to her then you do

  1. A couple is shopping in your store and as they wander around the aisles, you notice that they are laughing and talking loudly. They bring their purchases to the counter, including several bottles of liquor. They are talking clearly and other than laughing loudly are showing no other signs of intoxication.

 

  •  What other things can you do to help decide if you should make the sale? Be sure and ask for identification. Watch to see how they act when you ask. Since they are trying to buy multiple bottles of liquor, look outside to make sure there are not minors outside waiting for them.

 

 

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Module 3 Page 47

Key #3: Know When and How To Say “No”

 

       Knowing how and when to say “no” is going to be a crucial asset in keeping you out of trouble. Remember that serving a minor or an intoxicated person can cost you money in fines and potential jail time. Remember that if you serve an intoxicated person and that person causes any damage to anybody or anything, then you could be held responsible for what is damaged.

 

 

 

REMEMBER THE KEYS TO SAYING NO? If you want to prevent the illegal sale of alcohol, then you need to:

 

  1. BE QUICK
    1. You must be timely to be effective

 

 

  1. BE CLEAR AND FIRM
    1. Be polite, but be clear and firm in your refusal to sell alcohol

 

 

  1. BE CONSISTANT
    1. Say “no” in the same way every time.

 

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Module 3 Page 48

BE QUICK:

                               

 

Preventing Intoxication

If you see that a customer is drinking quickly, they may become intoxicated quickly as well. In this case, you can:

§ Slow down service

§ Avoid going to the table as often

§ Offer food or non-alcoholic beverages

§ Suggest other activities

 

In an off premise situation, a seller has only a matter of seconds/minutes to determine if a person is intoxicated.

§ Observe the person when they walk in the store, are they stumbling or having problems keeping their balance?

§ When at the counter, do they smell of alcohol, have glassy or red eyes?

§ When paying, do they have problems counting or handling money?

 

NOTE: Remember, a customer may have had one or more drinks elsewhere, so it is important to establish a customer’s current state before serving alcoholic beverages.

 

 

 

Reassessing Intoxication

Remember that alcohol takes time to reach the brain and cause intoxication. A person’s BAC will continue to rise and their intoxication levels increase for an hour or more after they stop consuming alcohol.  If you feel another alcoholic beverage would make the customer intoxicated or possibly intoxicated, politely refuse service.

 

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Module 3 Page 49

Be Clear and Firm

 

 

 

 

If a person is intoxicated in your establishment, refuse to serve/sell or continue to serve/sell them alcohol, and state the law and/or your company policy. Make sure that you are firm, fair, and friendly.

 

§ Always keep your temper under control, even if the situation is annoying. Show the customer you won’t change your mind.

 

§ Remove the alcohol out of reach of the customer, and, depending on your company’s policy, you should call a friend or cab to take them home.

 

§ Express your concern for their safety and let them know you would like to see them return to your establishment.

 

§ Do not make judgmental statements such as “you’re drunk.” Be courteous and firm about your refusal to serve them any more alcoholic beverages and walk away.

 

 

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Module 3 Page 5

Intoxication Laws:

Sec. 49.02 PUBLIC INTOXICATION (Texas Penal Code)

 

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

 

(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

 

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.

 

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

 

(d) An offense under this section is not a lesser included offense under Section 49.04.

 

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

 

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Module 3 Page 50

Be Consistent

 

 

§ Do not stay and argue and do not bargain or back down once you make   the decision to stop service. The intoxicated person does not have normal use of their mental faculties and arguing will escalate the situation.

 

 

§ Make sure other servers and management know and will back up your decision to stop service.

 

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Module 3 Page 51

Illness Masquerading as Intoxication

 

Some illnesses may be mistaken for or have affects that mimic intoxication. Even the common cold can mimic signs of intoxication due to slowing the senses and reaction time, being drowsy and having difficulty concentrating. Diabetics may feel hunger and dizziness, be irritable, weak and tired because their blood sugar levels may be low.

Look for Medic Alert jewelry if you think someone may have a condition that may be mimicking intoxication. A Medic Alert foundation bracelet or emblem indicates a possible life-threatening medical problem.

 

 

 

If a customer has a medical condition that mimics intoxication, they may not be intoxicated. This is an additional reason why you should not accuse a customer of being intoxicated

 

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Module 3 Page 52

Designated Drivers

 

 

 

A designated driver is a person in a group who chooses not to drink alcohol and provides a safe and sober ride for the group. Some establishments offer safe-ride programs. Check with your manager for your company’s policy.

 

Having a designated driver for a group does not mean the group may legally become intoxicated. Public intoxication is still illegal even if you do not drive. Serving patrons to the point of intoxication is still illegal even if they have a designated driver. Ask your manager about your company’s policy on designated drivers.

 

If the customer refuses a cab or refuses to allow a friend to pick them up, you have no choice but to call law enforcement. You have a responsibility to inform law enforcement when someone is intoxicated and refuses help to get home safely. An incident log can be helpful to write down information about the incident for future reference. Check with your manager about specific policies for notifying law enforcement and incident logs.

 

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Module 3 Page 53

WE JUST WENT OVER A LOT OF INFORMATION. LET’S SEE HOW MUCH OF IT YOU STILL KNOW AND UNDERSTAND:

 

 

 

True   False

.

1. Selling alcohol to an intoxicated person is okay as long as they have a designated driver.

 

 

True   False

 

2. When refusing a sale, be courteous and firm about your refusal.

 

 

True   False

 

3. You should let the person know you think that they are drunk and shouldn’t be drinking any more alcohol.

 

 

True   False

 

4. Make sure that other servers and management know when you have refused service to an intoxicated person.

 

 

True   False

 

5. Express your concern for the customer’s safety and let them know you would like to see them return to your establishment.

 

 

 

True  False

 

6. If the customer will not accept your refusal and begins to appear angry, be sure to keep your own temper under control.

 

 

 

True   False

 

7. Arguing with an intoxicated person is not a good idea because they do not have normal use of their mental faculties.

 

 

True   False

 

8. An incident log can be helpful to write down information about the incident for future reference.

 

 

 

True   False

 

9. If you feel another alcoholic beverage would make the customer intoxicated or possibly intoxicated, politely refuse service.

 

 

True   False

 

10. When refusing a sale in off-premise situations, it is a good idea to remove the alcohol from the customer’s sight and reach.

 

 

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Module 3 Page 54

ANSWERS:

 

  1. 1.    Selling alcohol to an intoxicated person is okay as long as they have a designated driver?
  • FALSE – it is illegal to serve an intoxicated person. The designated driver does not come in to play when it comes to being able to or not being able to serve someone.

 

  1. When refusing a sale, be courteous and firm about your refusal.
  • TRUE – You are in control of the situation. No need to be anything else than courteous.

 

  1. You should let the person know you think that they are drunk and shouldn’t be drinking any more alcohol.
  • FALSE- You should not accuse anyone of being drunk. Remember there are other factors besides drinking that can lead to someone appearing to be intoxicated.

 

  1. Make sure that other servers and management know when you have refused service to an intoxicated person.
  • TRUE- they should know so that others will not serve them either

 

  1. Express your concern for the customer’s safety and let them know you would like to see them return to your establishment.
  • TRUE- people tend to be more understanding when you let them know it’s for their safety

 

  1. If the customer will not accept your refusal and begins to appear angry, be sure to keep your own temper under control.
  • TRUE- always stay in control of your temper, and stay in control of the situation

 

  1. Arguing with an intoxicated person is not a good idea because they do not have normal use of their mental faculties.
  • TRUE-

 

  1. An incident log can be helpful to write down information about the incident for future reference.
  • TRUE- you should always have information if you cut someone off. It could help keep you out of trouble if that person get involved in some sort of incident

 

  1. If you feel another alcoholic beverage would make the customer intoxicated or possibly intoxicated, politely refuse service.
  • TRUE- Serving a drink that will lead to intoxication carries the same penalties as serving an intoxicated person

 

10. When refusing a sale in off-premise situations, it is a good idea to remove the alcohol from the customer’s sight and reach.

  • TRUE- one reason you should do this is that it lets them know you are serious about not selling to them

 

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Module 3 Page 55

How would you use the tips for saying “No” in each of the situations?

 

 

On Premise:

  1. Pretend you are working in a restaurant. A large man in his 40s comes in, and along with his meal he orders wine to drink. He drinks four glasses of wine while eating his dinner, over a one hour time period. Between courses of the meal, he visits the rest room and you observe that he is walking straight and steady. After he has finished his meal and wine, he asks to order an after-dinner liqueur. He speaks clearly, without a slur, and he appears alert and clear headed.

 

  1. A woman in her 50s walks into your bar. On the way in, she stumbles, and weaves slightly as she walks to a table. She sits down heavily and loudly shouts out her drink order to you. She tries to light a cigarette but fumbles with her lighter. Again, she shouts to you to bring her a drink.

 

 

Off Premise:

  1. A woman approaches the register where you work with a six-pack of beer. You greet her, and she mumbles a reply. She does not make eye contact with you, but you notice that she is having trouble opening her purse to get her money. You ask if there is anything else that she needs, and she slurs her reply. When she looks at you, you notice that her face is flushed and her makeup is very messy.

 

  1. A couple is shopping in your store and as they wander around the aisles, you notice that they are laughing and talking loudly. They bring their purchases to the counter, including several bottles of liquor. They are talking clearly and other than laughing loudly are showing no other signs of intoxication.

 

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Module 3 Page 56

ANSWERS

On Premise:

 

  1. Pretend you are working in a restaurant. A large man in his 40s comes in, and along with his meal he orders wine to drink. He drinks four glasses of wine while eating his dinner, over a one hour time period. Between courses of the meal, he visits the rest room and you observe that he is walking straight and steady. After he has finished his meal and wine, he asks to order an after-dinner liqueur. He speaks clearly, without a slur, and he appears alert and clear headed.
  • You could say something like…”I am sorry, I will not be serving you another alcoholic beverage tonight. I don’t feel comfortable serving you anymore. I would be more than happy to bring you anything else. I’m sorry.”

 

 

  1. A woman in her 50s walks into your bar. On the way in, she stumbles, and weaves slightly as she walks to a table. She sits down heavily and loudly shouts out her drink order to you. She tries to light a cigarette but fumbles with her lighter. Again, she shouts to you to bring her a drink.
  • You could say “I am sorry, but your actions are concerning for me and I will not be serving you any alcoholic beverages tonight.” Is there anything else I can get for you?”

 

 

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Module 3 Page 57

 

ANSWERS

 

 

Off Premise:

  1. A woman approaches the register where you work with a six-pack of beer. You greet her, and she mumbles a reply. She does not make eye contact with you, but you notice that she is having trouble opening her purse to get her money. You ask if there is anything else that she needs, and she slurs her reply. When she looks at you, you notice that her face is flushed and her makeup is very messy.
  • Take the beer and say something like “I’m sorry I feel that in order to protect myself and possibly you, that I will not be able to sell this beer to you. I’m sorry”

 

 

  1. A couple is shopping in your store and as they wander around the aisles, you notice that they are laughing and talking loudly. They bring their purchases to the counter, including several bottles of liquor. They are talking clearly and other than laughing loudly are showing no other signs of intoxication. What other things can you do to help decide if you should make the sale?
  • Ø Take the bottles of liquor and say “I’m sorry but I don’t feel comfortable selling this alcohol to you.”

 

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Module 3 Page 58

SECTION SUMMARY:

 

  1. Do you fully understand what the DRAM SHOP ACT SAYS?
  • Establishments can be held liable in civil court when an employee sells/serves/provides alcohol to an obviously intoxicated person (including minors) who presents a clear danger to him/herself or others and who subsequently causes injury or damage.

 

  1. Do you feel comfortable with knowing if a sale of alcohol is legal or illegal with regards to intoxicated people?
  • If not, go back over what to look for and how you should handle certain situations.

 

  1. BAC – a measurement of the amount of alcohol in the bloodstream expressed as a percentage.
  • Factors that affect BAC – gender, body weight, muscle/fat ratio, type and timing of food, and fatigue

 

  1. Are you comfortable using your observation skills to detect if someone could be intoxicated?
  • If not go back and look over all the different signs of possible intoxication.

 

  1. We went over many intervention techniques. Make sure you remember these and that you can use these effectively.

 

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Module 3 Page 59

HERE IS A RUNDOWN OF EVERYTHING WE WENT OVER IN THIS SECTION:

 

 

                             

 

§ Key #1: Know the Law

Intoxication Laws

Dram Shop Act

Driving and Alcohol

 

 

§ Key #2 Use Observations to Know Your Customers

Signs of intoxication

Other methods of determining intoxication

 

§ Key #3: Know When and How to Say “No”

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Module 3 Page 6

KEY POINTS TO THE CODE ABOUT PUBLIC INTOXICATION:

 

Under Texas law, it is illegal for a person to be intoxicated in a public place to the degree that they might be a danger to themselves or others.

A business that is licensed or permitted to sell or serve alcoholic beverages is considered a public place. [Texas Penal Code §49.02]

 

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Module 3 Page 7

Sec. 101.63 SALE TO CERTAIN PERSONS (Texas Alcoholic Beverage Code)

 

(a) A person commits an offense if the person with criminal negligence sells an alcoholic beverage to a habitual drunkard or an intoxicated or insane person.

 

(b)Except as provided in Subsection (c) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both.

 

(c) If a person has been previously convicted of a violation of this section or of Section 106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 or more than $1,000, by confinement in jail for not more than one year, or by both.

 

 

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Module 3 Page 8

KEY POINTS TO THE CODE ABOUT SALES TO CERTAIN PERSONS

 

 

 

 

 

 

 

It is illegal to sell an alcoholic beverage to a person that you know is intoxicated. [Texas Alcoholic Beverage Code Sec. 101.63 (a)]

 

 

The penalties are:

  • First offense
    • A fine of not less than $100 nor more than $500;

Confinement in jail for not more than one year;

Both fine and confinement

 

  • Second offense
    • A fine of not less than $500 nor more than $1000;

Confinement in jail for not more than one year;

Both a fine and confinement

 

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Module 3 Page 9

Sec. 104.01 LEWD, IMMORAL, INDECENT CONDUCT (Texas Alcoholic Beverage Code)

 

No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts:

 

(1) The use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;

 

(2) The exposure of person or permitting a person to expose his person;

 

(3) Rudely displaying or permitting a person to rudely display a pistol or

other deadly weapon in a manner calculated to disturb persons in the retail establishment

 

(4) Solicitation of any person to buy drinks for consumption by the retailer or any of his employees;

 

(5) Being intoxicated on the licensed premises;

 

(6) Permitting lewd or vulgar entertainment or acts;

 

(7) Permitting solicitations of persons for immoral or sexual purposes;

 

(8) Failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or

 

(9) Possession of a narcotic or any equipment used or designed for the administering of a narcotic or permitting a person on the licensed premises to do so.

 

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