Presented by:
Department of Safety & Homeland
Security
Division of Alcohol & Tobacco
Enforcement
Carvel State Office Building
820 North French Street
Wilmington, DE 19801
302.577.5210
302.577.8141 (fax)
http://date.delaware.gov
Objectives
The primary objective of the mandatory Server Training Program is to educate and
assist the alcoholic beverage server as to how to serve and sell alcoholic
beverages in a responsible manner consistent with the ABC Commissioner Rules
and the Laws of the State of Delaware.
Upon the successful completion of this program, you will have the necessary tools
to fulfill your obligations of serving alcoholic beverages responsibly. Serving
alcoholic beverages in a responsible manner is not an option or a choice...it's
the law. Anyone who violates state laws or ABC Commissioner Rules can
expect nothing less than to be held fully accountable for their actions.
Server's Responsibility
When a person accepts a license to serve and sell alcohol they accept a public
trust that they will serve and sell alcohol in a responsible manner. Some
states have legislated Dram Shop Laws. Delaware does not currently have Dram
Shop, but it does have Civil/Tort Statues that may hold the server responsible.
Servers must realize that failing to uphold their responsibility to abide by the laws
and rules of the State of Delaware may not be just a matter of a criminal court
hearing and a fine. It could escalate into a serious civil hearing with the possible
repercussions of a judgment with substantial punitive damages.
Division of Alcohol & Tobacco Enforcement
"Saving lives by enforcing Delaware's Alcohol and Tobacco
Laws"
Agents of the Division of Alcohol and Tobacco Enforcement are certified police
officers in the State of Delaware. Agents have statewide jurisdiction and arrest
powers and have full authority to enforce all of the laws of the state, including
liquor, drug, criminal, and traffic statutes.
Agents routinely conduct investigations involving underage consumption and
possession of alcohol, sales of alcohol and tobacco to underage persons,
fictitious
identification, over-service of alcohol to patrons, bootlegging, prostitution, illegal
gambling, narcotics, tax evasion, and other criminal activities.
Agents work with federal, state, and local law enforcement agencies by assisting
them with investigations and/or public safety issues.
The Office of the
Alcoholic Beverage Control Commissioner
In addition to granting licenses and approving variances, the Commissioner is the
administrative judge who hears cases of licensees charged with violations of the
Liquor Control Act and/or administrative rules.
What is Alcohol?
Alcohol is the oldest documented compound of abuse. The principal ingredient in
alcoholic beverages is "Ethyl" Alcohol, more commonly known as Ethanol or just
plain Alcohol. Alcohol is a drug; it is a central nervous system
depressant
that affects the entire nervous system. In spite of the initial surge of energy it gives
you, alcohol is not a stimulant. Alcohol can have serious side effects
when combined with other drugs.
Statistics
Alcohol-related accidents cause more than 500,000 serious injuries each year.
Alcohol is a factor in about 50 - 70% of all the pedestrian fatalities in this country
each year. Surveys indicate that approximately 50% of all the intoxicated drivers
on the road come from commercial establishments. This is an indication that
bartenders, waiters and waitresses are over serving these patrons. Surveys such
as these, indicate the need for alcohol-related training programs and were very
much a part of the reason that House Bill #65 was passed in Delaware in July of
1991. This is the law that mandates trained alcohol beverage servers in Delaware.
What is a drink?
Beer: 12 ounces
Wine: 5 ounces
Spirits (80-86 Proof): 1.25 ounces
Spirits (100 Proof): 1 ounce (1 Shot)
Each of the above drinks contains approximately the same amount of
alcohol
and is considered one 'regular' drink.
Each would raise the average persons Blood Alcohol Content (BAC)
approximately .025%.
One drink is eliminated per hour by the liver.
Intoxication Factors
The three most important factors are:
- Time: How long has the person been drinking?
- Weight: How much does the person weigh?
- Number of Drinks: How many drinks have they had in that space of time?
The number of drinks in the body at any time therefore equals the number of
drinks consumed minus the number of hours since drinking started.
The average size person (150-160 lbs.) would have to consume any
combination of four of the above drinks in one hour in order to get their B.A.C. to
an
approximate level of .08%, which is the legal limit of intoxication in the state of
Delaware:
4 drinks (in one hour) x .025% = .10% BAC - .25% (1 drink eliminated per
hour) = .075%
The legal limit of intoxication in the State of Delaware is .08%
How is alcohol absorbed into the body?
Alcohol is not digested like other food and beverages; it is absorbed and
diffused
into the body. As a person drinks, the alcohol enters their bloodstream and
body tissues almost immediately. When alcohol enters the bloodstream it goes
into all areas of the body. First and most important is the brain, (the brain
and liver are the organs with the largest blood supply.) It reaches the brain
in this order:
Cortex: Judgment
Cerebellum: Coordination
Limbic System: Emotion
Brain Stem: Respiratory System
The first sense a person looses when they drink is their sense of
judgment.
Food Consumption
An important factor on the absorption rate of alcohol is the presence of food
in the stomach. Food can slow down the absorption rate of alcohol, provided
the food is in the stomach before the person begins drinking. Food does
two
basic things to slow down the absorption rate of alcohol. It blocks the pyloric
valve, and it acts as a sponge to absorb some of the alcohol. All the alcohol
that you ingest will eventually get into your system. It is important that we
understand that food does not keep one from becoming intoxicated. It
will only
slow down the rate at which alcohol gets into your body. Once alcohol has
passed
through the pyloric valve and gotten onto the small intestine, any food eaten
afterward will have no effect on the alcohol that is in the small intestine.
Mood
Alcohol's impact can be significantly affected by the individual's mental state.
It usually accentuates the drinker's mood. If a person is depressed, one or
two drinks may have the same effect as three or four. When a person is in a
pleasant mood, the alcohol often enhances that feeling, often giving the person
much more confidence in himself or herself. When the body has had little sleep,
the effects of alcohol are often magnified.
Tolerance
An inexperienced drinker tends to feel alcohol's effect more quickly and often
more severely than an experienced drinker. The experienced drinker develops
a certain tolerance to alcohol's effect. He or she needs progressively more
alcohol to produce the same mood-altering effects experienced in earlier stages
of drinking. However, experience has no effect on BAC! An experienced,
or inexperienced
drinker with five drinks in his or her system has the same BAC (Both body
weights
being about the same).
Eliminating Alcohol
The liver metabolizes and eliminates 90-95% of all the alcohol that a person
consumes. You loose 1-9% through your breath, perspiration and urine, but not
enough to make an appreciable difference. The liver eliminates alcohol at a
rate of about one (1) drink per hour. You should also be aware of the
fact
that
you can not change the rate at which the liver eliminates alcohol - food,
non-alcoholic
beverages, exercise or cold showers; it makes no difference - about one (1)
drink per hour is eliminated.
BAC - The Legal Standard
Blood Alcohol Content, or BAC, is a measurement of the level of alcohol in
the bloodstream at any particular time. In the State of Delaware, the legal
per se BAC level is .08%. This means that at that level, if you are stopped
operating a motor vehicle, the state has a prima face case for DUI. You can
be arrested and found guilty of driving under the influence (DUI) in Delaware
at levels less than .08% if proper evidence is present (Probable Cause for the
stop).
How does BAC affect driving?
The higher the concentration of alcohol in the blood, BAC, the greater its
impact on driving. Driving is a complex task requiring judgment, information
processing, and conscious control of behavior, memory, coordination, and quick
reaction time. Alcohol tends to retard these processes and, for many individuals,
it does so at BAC levels far below the legal blood alcohol limits. Judgment,
reaction time, and coordination may so be affected as to make it impossible
to safely operate a motor vehicle. Remember, alcohol is a false confidence
builder!
Whether its driving a vehicle, riding a bicycle, operating a watercraft or operating
any type of machinery, you can not do it as well as you think you can, or, as
well as you can without the alcohol.
Below is a basic BAC level of impairment chart. Remember, people respond
differently depending on tolerance and circumstances to the same BAC level:
- .02-.04 Reaction times are increasing. Coordination has started to slow.
Judgment is beginning to be affected.
- .05-.08 Reaction time is considerably impaired, as is coordination and
judgment. A person is legally intoxicated when their BAC
reaches .08%.
Signs of Impairment
Most servers can recognize when a patron is intoxicated, by then however it
is too late. In order to keep people from becoming intoxicated, you have to
recognize early on the signs of over-drinking. Here are the five major categories
of signs. When you see these you must evaluate whether or not to stop serving
the patron:
- Physical: Red, watery eyes, flushed face, etc.
- Mental: Difficulty speaking, slurring words, loss of judgment, etc.
- Emotional: Exaggerated mood (very happy/sad), louder, etc.
- Social: False confidence, etc.
- Coordination: Difficulty holding glass, opening doors, walking, stumbling,
etc.
Slowing Down the Pace
An important part of a server's job is to prevent their patrons from becoming
impaired or intoxicated by controlling to some degree the patrons ability to
consume alcohol. When patrons are drinking too quickly, you can slow
consumption down by:
- Suggesting alternative beverages such as soft drinks, mock-tails, non-
alcoholic beers and wine.
- Offering food such as table snacks, hor d'oeuvres, soups, salads,
sandwiches,
or full meals.
- Visiting the table less frequently.
- Waiting until everyone is finished and clearing glasses before taking
orders.
- Encouraging participation in available activities such as dancing, song
contests, video games, etc.
Terminating Service
Intervening in the drinking or driving of impaired patrons is not the easiest
part of alcohol service, but it is an important part of it. We recommend that
management does the cutting off. It is not that the servers are incapable, but
managers are perceived as authoritative figures, and it may help to preserve
the server's tips.
It may not always be pleasant, but it is almost always possible to terminate
service without causing the intoxicated patron, other customers, and the
establishment
undo embarrassment, danger or liability.
We feel there are six basic steps to intervening with intoxicated patrons:
- Reporting the patron to management.
- Getting the facts about approximately how long the person has been
drinking/how many drinks.
- Approaching the patron.
- Terminating service.
- Providing protection.
- Preventing disturbances.
Preventing Underage
Drinking
Checking Identification
Serving underage patrons is a serious violation of the law and could be the
basis of a costly lawsuit. We recommend that you accept only the following
forms of identification (ID):
- State Driver's License (With Picture)
- State Issued Identification Cards
- Military ID
- Passports
Check the identification of any patron who is not absolutely, positively, of
legal drinking age. Take physical possession of the identification and examine
it under strong light. Look for the following:
- Expiration Date: It must be currently valid. Do not serve on an expired ID!
- Signs of tampering
- Compare the patron's appearance with the picture and descriptive
information on the license. Compare features that are not easily changed such as
ears, jaw line, and hairline.
- Make sure they are the correct height.
- Ask patrons to tell you information directly from the license; e.g., date of
birth, address, zip code, height, weight etc.
- Ask them the month and year of their DOB as most people memorize the
DOB in month-day-year order.
- Ask for county, year of graduation, or any other information that they may
not have memorized.
- Ask for a second form of identification if necessary.
Remember, you do not have to serve someone if you are not satisfied
that the
identification is valid.
The Division of Alcohol and Tobacco Enforcement has three programs that are
designed to prevent sales of alcoholic beverages to persons under the age of 21.
They are:
- The Cooperating Underage Witness Program (CUW)
- The Cops-In-Shops Program
- Fake ID Sweeps
These programs assist law enforcement officers in assuring that all servers
and sellers make every reasonable effort to ensure that persons under 21 years
of age do not receive alcoholic beverages.
The reasonable effort is that all servers/sellers always ask for identification
and check it carefully!
- Alcohol is the #1 drug of choice for children and adolescents.
- Alcohol is the leading contributor to the leading causes of death among
young people in the United States.
- More than 40% of individuals who start drinking before the age of 15 will
develop alcohol abuse or alcohol dependence at some point in their lives.
- Among high school students, those who started drinking before age 13 are
nine times more likely to binge drink (5+ drinks on one occasion at least
six times per month).
- 67% of 8th graders and 83% of 10th graders believe that alcohol is readily
available to them.
- High school students who use alcohol or other drugs frequently are up
to five times more likely than other students to drop out of school.
- In a survey of 18-24 year-old current drinkers who failed to complete
high school, nearly 60% had begun to drink before age 16.
- Those who begin drinking at age 14 or younger are significantly more likely
to experience unintentional injuries, physical fights, and motor vehicle crashes.
- Alcohol abuse is linked to as many as two-thirds of all sexual assaults
and date rapes of teens and college students.
- Alcohol is a major factor in unprotected sex among youth, increasing
their risk of contracting HIV or other sexually transmitted diseases.
An overwhelming number of Americans (96%) are concerned about underage
drinking and a majority support measures that would help reduce teens drinking,
such
as stricter controls on alcohols sales, advertising, and promotion.
NOTE: All licensees are required by law to have on their
licensed
premises at all times an updated copy of:
The Liquor Control Act (Title 4)
The ABC Commissioner Rules and Regulations
Common Title 4 laws:
Title-4 Sec. 525
Spirits, Wine and Beer Tasting
A license to permit spirits, wine, and beer tasting may be granted by the
Commissioner to any person holding a license under this title as a retailer.
a. Limit of (1) one ounce of wine or beer.
b. Limit of one half ounce or spirits.
c. Must be new product.
d. Must be in an area designated by the Commissioner.
Title-4 Sec. 561
Grounds for cancellation or suspension
The licensee maintains a noisy, lewd, disorderly, or unsanitary establishment
or has been supplying impure or otherwise deleterious beverages or food.
Title-4 Sec. 705
Containers for Sale and Delivery of Beer for off Premises
Consumption
No sale or delivery of beer for off premise consumption shall be made in open
containers.
Title-4 Sec. 706
Sale or Service of Alcoholic Liquors to Intoxicated Persons
No licensee or employee of a license shall sell or serve any alcoholic liquor
to any person that is intoxicated or appears to be intoxicated.
Title-4 Sec. 708
Prohibition of Sales of Alcoholic Beverages to Certain Persons
No person shall sell any alcoholic liquor to:
a. Anyone who has not reached the age of twenty-one;
b. Persons to whom such sales are prohibited;
c. An individual who is mentally ill or mentally deficient;
d. An individual who habitually drinks to excess or whom the Commissioner has,
after investigation, decides to prohibit such sale.
Title-4 Sec. 709
Prohibition of Sale at Certain Times
a. No sales or serving of alcoholic beverages between the hours of 1:00 a.m.
and 9:00 a.m. Municipalities having a population of 50,000 or more persons may
set earlier closing times.
b. Package stores, Taverns and Taprooms may not sell any alcoholic beverages
on holidays. Holidays are defined as Christmas, Thanksgiving, and Election Day
while the polls are open.
Package stores, Taverns, and Taprooms are allowed to be open Sundays from
the
hours of 12:00-8:00 p.m.
Title 4 Sec. 727
Last Call
No more than 1 (one) alcoholic beverage may be served to a person 15
minutes before closing of the establishment. (One drink per person).
Title-4 Sec. 901
Offenses carrying penalty of imprisonment for 3 to 6 months
Whoever not being the holder of a proper and valid license, or not being so
authorized by this title, sells alcoholic liquor in this State.
Title 4 Sec. 903
Consumption of Alcoholic Beverages on a premise licensed for Off Premises
Consumption
No alcoholic beverages may be consumed in a package store or its
dependencies
by anyone.
Title-4 Sec. 904
Offenses concerning certain persons (criminal offenses)
a. Sale of alcohol to any person who has not yet reached the age of 21.
b. Any person under the age of 21 who knowingly makes false statement to any
person engaged in the sale of alcoholic liquor for the purpose of obtaining
alcohol.
c. Any person who purchases, buys, or gives alcoholic liquor for or to a person
under the age of 21 or knowingly allows a person under the age of 21 to
consume
alcoholic liquor.
d. Licensees may not permit persons under the age of 21 to
enter
or remain in a tavern or taproom.
e. Persons under the age of 21 are not allowed to enter or remain inside taverns,
taprooms, or package stores.
f. Persons under the age of 21 are not allowed to posses or consume alcohol.
Title 4 Sec. 907
Interference with officer or inspector
Whoever interferes with or hinders any officer or inspector authorized by
the Director to investigate any infringements of this title or to make any search,
examination or seizure, in the performance of the officer's or inspector's duties
to that end, shall, in addition to any other penalty which may be imposed upon
him or her under this title shall be fined $100.00 for each offense.
Title 4 Sec. 916
Penalties imposed against licensees who threaten employees.
No licensee or representative thereof may discipline, threaten, or otherwise
penalize an employee for refusing to violate rules of the Commissioner and/or
the Division or Statutes of the State.
Common
ABC Commissioner Rules:
Commissioner Rule #2
Prohibited Trade Practices
Any practice, which would promote excessive consumption.
a. Giving away alcoholic beverages.
b. Giving away cash or check (directly or indirectly).
c. Selling alcoholic beverages below cost.
d. No two for one drinks.
e. No extending credit.
f. No unlimited consumption, open bar, unless authorized by the Commissioner.
Commissioner Rule #2.1
Items to be sold in Package Stores
a. All bottles must be sold with the seal unbroken.
b. Food items may not be cooked, refrigerated, or unwrapped and repackaged
(area
limited to 20 square feet.)
c. Single can insulated coolers are permitted.
Commissioner Rule #7
Work Permits
a. 16, 17 and 18 year olds must have a work permit from the Office of the
Alcoholic Beverage Control Commissioner.
b. 16, 17 and 18 year olds may only handle alcohol when they bus it from the
table. They may not solicit drink orders.
c. 19 and 20 year olds may solicit orders for alcohol and may serve the alcohol
but they may never mix, open, or pour an alcoholic beverage.
d. 18 year olds may work in liquor stores as long as they do not serve or sell
alcoholic beverages. They may stock shelves and work in the stock room.
Commissioner Rule #11
Specifications for Stores and Off Premise Establishments (Package Stores)
a. Hours of operation must be posted.
b. Must have an accurate clock inside the store.
c. Updated copies of the Commissioner Rules and Title 4 on premises at all
times.
d. All parts of the rooms where alcohol is sold shall be visible from the street.
e. Prenatal Decal and Decal of legal drinking age must be posted at each
entrance.
Commissioner Rule #19
Rule Pertaining to Requirements for Restaurants
A 'restaurant' means and establishment that is open principally for the
service
of complete meals.
a. Food must be available all hours that alcohol is being served.
b. A restaurant shall serve at least lunch and dinner five days a week. The
lunch hours shall consist of a minimum of three hours. The dinner hours shall
consist of a minimum of four hours.
Commissioner Rule #36
Delivery, sale and consumption of alcoholic liquors for on-premise
consumption
No person shall sell, serve, or deliver alcoholic liquors between the hours
of 1:00 a.m. and 9:00 a.m. No alcoholic liquors shall be consumed on licensed
premises between the hours of 2:00 a.m. and 9:00 a.m.
Commissioner Rule #45
Rule Pertaining to Taverns, Taprooms and Stores
a. Must be twenty-one years of age to come onto the premise (This means
employees
as well as patrons).
b. Non-employees cannot be on the licensed premise between the hours of 2:00
a.m. and 9:00 a.m.
Commissioner Rule #52
Minor at a Bar or Service Counter
a. Minors are never allowed to sit, stand or remain at a bar or service counter,
and a minor cannot get service at the bar or service counter (Not even to get
change, pay a bill, play a video game, get a soda or glass of water).
If alcoholic beverages are served across it, then it is considered a bar or
service counter.
Commissioner Rule #70
Drugs and Drug Activity on a Licensed Premise
a. No licensee, employee of a licensee, or agent of a licensee shall
knowingly
permit or participate in any illegal drug activity whatsoever on a licensed
premise (This also includes the parking area).
Commissioner Rule #73
Standard For Server Training
Certification of Training:
a. All certified servers are required to carry their card on their immediate
person while serving alcoholic beverages.
b. No person shall make any false statements or other misrepresentation of fact
to obtain a server training card.
c. No person certified shall sell, serve, or promote the sales of alcoholic
beverages in a manner not consistent with the rules of the Commissioner or the
Liquor Control Act.
DELAWARE ANTI-TERRORISM TIP LINE
1-800-FORCE-1-2
Terrorism affects all areas of society. As servers, you may be on the front
line to overhear information that may help to prevent a terrorist act. It is
a proven fact that the terrorists involved in the attack on America on September
11, 2001, were seen in bars the night before the attacks and were overheard
celebrating and discussing their plans.
Those of us in law enforcement need everyone to be alert and helpful in our
efforts to combat terrorism. If you hear anything or see anything unusual, please
contact the Anti-Terrorism hotline.....even if you are unsure about how important
the information is. We are not advocating that you take the matter into your own
hands, but call the hotline and allow trained law enforcement professionals
determine if the information is relevant or not. Your help can help prevent
possible terrorist activities.
Contact Information
| Agent Donald Robinson |
(302) 744-4012 |
- |
| Server Training Class
Schedule |
(302) 577-5208 |
- |
| Mothers Against Drunk Driving (MADD)
|
1-888-822-3223 |
- |
| Delaware Anti-Terrorism Tip
Line |
1-800-FORCE-1-2 |
(1-800-367- 2312) |
| Al-Anon/Alateen |
1-888-4AL- ANON |
(1-800-425-2666) |
| Eyes and Ears Tip-line |
1-800-EYES- EARS |
(1-800-393-7327) |
