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PLCB RAMP Server/Seller Training by Lesley Davis

Responsibility is Key to a Successful Business

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10: Section I

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This section includes:

  • Liability Concerns
  • Documentation
  • Liquor Code
  • Board Regulations
  • House Policies
  • Club By-Laws

Think about the frequently asked questions below before starting this section. You are not expected to know the answers yet, but by the end of the section, you should be able to answer them.

1. Is it legal to serve a patron more than one (1) drink at a time?
Click here for the answer.

There is nothing in the Liquor Code that prohibits serving more than one (1) drink to a patron at a time as long as the patron is not visibly intoxicated or a minor and assuming the drinks are served during legal hours of operation.

2. Is a licensee liable for serving a visibly intoxicated person or a legally intoxicated person?
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A licensee is liable only if it serves a visibly intoxicated person, and may be cited by the PSP Bureau of Liquor Control Enforcement if it does so.

3. Can a patron bring his or her own alcohol into a licensed establishment?
Click here for the answer.

Yes, unless there is a local ordinance that prohibits this practice. The licensee can choose to establish a policy to prohibit the practice. The licensee should make sure the alcohol was legally purchased according to Pennsylvania law. The alcohol can only be served during legal hours of operation.

4. Can a patron leave the premises with alcohol?
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Retail licensees can sell one hundred ninety-two (192) fluid ounces or less of malt or brewed beverages for off-premises consumption in any container they wish, i.e. open bottles, full glasses, pitchers, etc. Wine may be taken from the retail establishment only if the unfinished bottle was purchased in conjunction with a meal and is resealed. Local municipalities could have ordinances which prohibit open containers of alcoholic beverages within the boundaries of that municipality. Therefore, you should contact the local municipality to see whether such ordinances are in effect within its boundaries.

5. What is administrative liability?
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In the context of a licensed premises, administrative liability results from a violation of the Pennsylvania Liquor Code or Board’s Regulations.

6. Who can be held liable under administrative liability?
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The licensees (owners) can be held liable under the Pennsylvania Liquor Code.

7. What administrative liability would the licensee face if a VIP were served alcohol?
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The licensee can receive a citation resulting in fines ranging from one thousand dollars to five thousand dollars ($1,000-$5,000). The liquor license can also be suspended or revoked. The Administrative Law Judge will also require the licensee to obtain RAMP Certification. Licensees who are already RAMP certified at the time of the citation and who have not sold to minors or visibly intoxicated patrons in the previous four (4) years are subject to a reduced fine ranging from fifty dollars to one thousand dollars ($50-$1,000).

8. What is civil liability?
Click here for the answer.

Liability 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. It is also known as dram shop liability or more commonly called third party liability.

9. May a licensee be held liable to third parties for damages arising from a patron’s intoxication?
Click here for the answer.

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.

10. Why can individual servers and managers be held liable to third parties for damages arising from a patron’s intoxication?
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The server can be held liable because he or she had control of the alcohol and served it directly to the visibly intoxicated person. The manager may be held liable because it happened during his or her watch.

11. What is an Incident Documentation Form?
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An Incident Documentation Form is a form that is used to write down specific information about the incident and those involved. It simply can act as a written reminder of the incident if a Dram Shop lawsuit is filed within the two (2)-year statute of limitations.

12. When, why, and how should the Incident Documentation Form be completed?
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An Incident Documentation Form should be completed any time an incident occurs. Just shutting someone off is enough to document. It should be completed with as much information as possible and as soon as the incident occurs.

13. How long should the Incident Documentation Form be kept?
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The Incident Documentation Form should be kept for at least two (2) years but you are advised to consult with your legal counsel.

14. What criminal liabilities do servers/patrons face if they intentionally and knowingly serve or provide alcohol to minors?
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It is unlawful for anyone to intentionally and knowingly sell or intentionally and knowingly furnish, or purchase with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than twenty – one (21) years of age. If convicted, they shall pay a fine of one thousand dollars ($1,000) for their first offense and two thousand five hundred dollars ($2,500) for each subsequent violation. Upon conviction, a parent who furnishes alcohol to minors may be sentenced to serve a term of imprisonment.
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Slide 10: Section I

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Table of Contents - Your Progress

  • 1: Training Introduction
  • 2: Introduction
  • 3: What is RAMP Certification?
  • 4: Owner/Manager Training
  • 5: Server/Seller Training
  • 6: New Employee Orientation
  • 7: Signage
  • 8: Maintaining Compliance
  • 9: Training Introduction Review
  • 10: Section I
  • 11: Liability Concerns
  • 12: Documentation
  • 13: The Liquor Code
  • 14: House Policies
  • 15: Club Bylaws
  • 16: Section I Review
  • 17: Section II
  • 18: What is Alcohol and How is it Absorbed?
  • 19: Absorption Rate Factors
  • 20: Quiz 1
  • 21: Drug and Alcohol Interactions
  • 22: Alcohol and Energy Drinks
  • 23: Drink Equivalency
  • 24: How Alcohol is Eliminated
  • 25: Measuring Intoxication
  • 26: Alcohol and the Brain
  • 27: Visible Intoxication Defined
  • 28: Tolerance
  • 29: Preventing Intoxication
  • 30: Refusing Service
  • 31: Intervention Techniques
  • 32: Quiz 2
  • 33: Rating the Customer
  • 34: Section II Review
  • 35: Section III
  • 36: Minors Myth and Fact
  • 37: Minors and the Law
  • 38: Who and When to Card
  • 39: Legally Acceptable ID
  • 40: Pennsylvania IDs
  • 41: Driver's License
  • 42: Reverse Side of Driver's License/ID
  • 43: Identification Card
  • 44: Limited License
  • 45: Interim License
  • 46: Under 21 Identification Cards
  • 47: Let's Review
  • 48: United States Passport
  • 49: United States Passport Card
  • 50: US Military Common Access Card
  • 51: US Military Identification Cards
  • 52: How to Card
  • 53: Proof of Carding
  • 54: Proof of ID Presented
  • 55: Minors Frequenting
  • 56: Pizza Hut Exception
  • 57: Social Gathering
  • 58: Section III Review
  • 59: Test Your Knowledge
  • 60: Exam Instructions
 

Resources

  • Resources
  • PLCB Contact Information
  • Frequently Asked Questions
  • Glossary
  • Check Bulk Codes

PLBC Links

  • PLCB Main Website
  • PLCB RAMP Website
  • PLCB Main Website
  • PLCB RAMP Website

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