Fallon County Justice of the Peace and Baker City Judge is addressing the need for businesses and employees to be very aware of the legal responsibility connected with selling or serving alcohol. There are some.
Judge Brown noted that alcohol server training is available through the state. The program is called Responsible Alcohol Sales and Service Training or RASS.
What is RASS Training? It is training and education for the restaurant/bar service industry, convenience store industry, and all other industries that serve and/or sell alcohol, including grocery stores. The training is designed to ensure compliance with alcohol beverage laws, educate on responsible alcohol sales and beverage service, help educate businesses on how to alleviate and avoid civil liability, protect the alcohol beverage license, and reduce alcohol and drug-related tragedies. Other major goals for the RASS training are to help minimize the occurrence of individuals driving under the influence of alcohol and to help eliminate underage alcohol and tobacco sales.
Judge Brown noted that “Due to recent national court decisions, civil liability in the alcohol hospitality industry has increased substantially. As a result, this alcohol training program has been designed to assist management and employees in ensuring compliance with alcohol beverage laws and avoid civil liability, as well as protect the alcohol beverage license from suspension and revocation.”
Criminal liability, administrative liability, and civil liability can all be assessed for selling alcohol to a minor or intoxicated person. The server can be held liable in a criminal action, and the Licensee can be held accountable through an administrative action which allows the Department of Revenue, or any regulating entity, to suspend or revoke any type of license when regulations are broken.
Another consideration for business owners, managers, and employees is the Montana Dram Shop law.
The Dram Shop Law that exists in Montana makes it possible for bar owners, managers and alcohol servers to be held financially (civilly) liable if a customer becomes obviously intoxicated on their premises and subsequently injures someone or causes property damage, typically by driving drunk. Dram Shop Civil Liability provides a means by which the injured party attempts to seek compensation, usually monetary, when injury or harm results from serving alcohol. Establishments should be aware that the law requires that a server/seller and the establishment make a reasonable effort to prevent alcohol sales to minors, prevent intoxication in customers, or to intervene if a customer does become intoxicated.
Those who attend RASS Training will be educated on ways to identify minors, secondary selling, ways to help prevent sales to minors, and the acceptable forms of identification outlining what an ID must have, as well as being trained in the FLAG system for checking ID’s (Feel, Look, Ask, Give back). The training will also educate on behavioral cues to identify an intoxicated customer and avoid any subsequent sale of alcohol to such individual, as it is illegal to sell or give any alcoholic beverage to anyone apparently under the influence of an alcoholic beverage or to anyone who is apparently, actually or obviously intoxicated. Attendees will further be trained on how to handle an intoxicated customer, refuse a sale when necessary, and promote designated drivers.
The Liquor Control Division of the Montana Department of Revenue strongly encourages RASS training by those in the industry, as the benefits of the education provided will help protect against liability and ensure a more secure livelihood for those in the business.
To locate server training near your business in the state of Montana, visit http://www.AlcoholServerTraining.mt.gov .
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