Ramp Server/seller Classroom Training Curriculum Requirements (Page 7 of 23) in pdf

A. The Pennsylvania Liquor Code

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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.

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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

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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.

(TOPIC): 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.

What kind of incidents should be documented?

A. Attempts to purchase by a minor

B. Refusal of service

C. Bar fight

Ramp Server/seller Classroom Training Curriculum Requirements Page 7