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Slideshare Developing A Socially Responsible Alcohol Policy
1. Developing A Socially
Responsible Alcohol Service
Elizabeth A. DeConti, Esq.
GrayRobinson, P.A.
Policy
201 N. Franklin St., Suite 2200
Tampa, FL 33602
(813) 273-5159
elizabeth.deconti@gray-robinson.com
2. Basic Elements of a Responsible Alcohol
Service Policy – How to Treat Customers
Do not serve or sell to those under 21
Do not serve or sell to the obviously
intoxicated
Do not serve or sell to known alcoholics /
“habitual drunkards”
Do not sell multiple drinks at the same time
Do not encourage overconsumption with
discounts/specials
3. Basic Elements Continued –
How to Treat Servers
Mandate state training/certification for all servers
Create tickler system to maintain training /
certifications
Draft employee policy prohibiting:
Service to minor friends
Arrival at work under the influence of alcohol or other
drugs
Consumption of alcohol on the premises before,
during, or after a shift
Removal of alcohol from the premises
Articulate penalties for violation of the employee
policy up to and including termination
4. Focus on Employee Issues
Many states (37 and D.C.) allow 18 and over
to serve (deliver alcohol beverages to
customers)
Many states (24) allow 18 and over to tend
bar (mix drinks/dispense alcohol beverages)
Depending on the jurisdiction, even younger
employees may be able to stock coolers and
clear alcohol beverages from tables
Result: Increased liability exposure for on-
premises establishments
5. Amethyst Initiative would lower the drinking
age to 18
Targeted at college campus drinking, but
would also impact retail environment
MADD and other groups oppose
To date, more than 130 college presidents
have signed a petition in favor of the
Amethyst Initiative
6.
7. Cases Reflect Need for
Responsible Alcohol Policy
20801, Inc. v. Parker, 249 S.W. 3d 392 (Tex.
2008)
Policy element: Training
Defendant must establish that it required
employees to attend classes and that the
employee actually attended the classes in
order for Texas safe harbor [defense] to apply
8. Cases Reflect Need for
Responsible Alcohol Policy
Nunez v. Carrabba’s Italian Grill, Inc., 859
N.E. 2d 801 (Mass. 2007)
Policy element: No serving minor friends
The former employee problem
High standard requiring Plaintiff to prove
willful, wanton, and reckless conduct by
licensee disappears when intoxicant is minor
9. Cases Reflect Need for
Responsible Alcohol Policy
McGough v. G & A, Inc., 2007 WL 2333028
(Al. Ct. App. Aug. 17, 2007)
Policy element: No consumption by
employees on the premises
Parents of deceased underage restaurant
employee defeated the Defendant
restaurant’s summary judgment on appeal
when they raised facts about restaurant
manager allowing employee to drink
10. The Size and Marketing of
Specialty Drinks
Yes, size does matter!
Should be part of a responsible alcohol policy
A standard serving is 12 oz. for beer, 5 oz. for wine,
and 1.5 oz. for spirits
Each of these standard servings should contain
approximately 0.6 oz. of alcohol
Marketers of martinis and other specialty drinks need
to focus on the percentage of alcohol by volume, not
the size of the glass
11. Any questions, please call me at (813) 273-5159 or email me at:
elizabeth.deconti@gray-robinson.com