RAMP
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.
How many calories are in 1-1/2 ounces of 80-proof distilled spirits
100
How many calories are in 5 ounces of wine
100
A standard serving of alcohol
12-ounces of beer, 5-ounces of wine, and 1.5-ounces 80 proof liquor, or 1-ounce 100 proof liquor.
How many calories are in 12 ounces of regular beer
150
Dram Shop
A bar, tavern, or the like where alcoholic beverages are sold.
Good Faith
A sincere belief or motive without malice or the desire to defraud others.
There are three types of drug interactions that can occur when mixed with alcohol.
Additive: An effect in which two substances or actions used in combination produce a total effect the same as the sum of the individual effects. Synergistic: The capacity of two or more drugs acting together so that the total effect of these drugs is greater than the sum of the effects if taken independently. Antagonistic: The effect of the drug is diminished in the presence of alcohol.
Liability Concerns
Administrative Liability Criminal Liability Civil Liability
Affidavit Request for RAMP Certification
After completion of the previous four requirements, the fifth and final component requires the licensee to apply for RAMP certification. Licensees may submit an application for RAMP certification in PLCB+ or submit a paper affidavit to their regional RAMP office. The licensee will receive certification providing all requirements are met.
Carbonation -
Alcohol that is either carbonated or mixed with a carbonated beverage will absorb into the bloodstream faster than drinks that are not carbonated. Carbonation increases pressure in the stomach, which helps to force alcohol into the bloodstream via the stomach lining.
Although server/seller training is one component of RAMP certification, this training by itself is also mandatory for:
All staff serving alcohol at an off-premises catering event. All cashiers selling wine at an establishment with a wine expanded permit. All new alcohol service personnel hired on/after 8-8-16 who are not RAMP-trained must be so w/in six months of being hired and be re-trained before their current training expires. All new alcohol service personnel hired on/after 8-8-16 who are already RAMP-trained must be re-trained before their current training expires. All employees hired before 8-8-16 who are not RAMP-trained, but transfer into an alcohol service position on/after 8-8-16, need to obtain RAMP-training w/in six months of assuming their new duties
Additive Interaction
An effect in which two substances or actions used in combination produce a total effect the same as the sum of the individual effects.
The following drugs can cause antagonistic interactions; that is, they reduce the effectiveness of the drug's ability to do its job.
Antibiotics Cardiovascular medications All blood-thinning medications (Anticoagulants) Medications for seizure disorder Medications for diabetes
What helps to slow down the absorption of alcohol?
Any amount of food in the stomach helps.
Incident Documentation Form
Attempts to purchase by a minor Refusal of service Bar Fight Refusal of entry
What kinds of incidents should be documented to prevent liability lawsuits
Attempts to purchase by a minor, refusal of service, bar fight, or refusal of entry
Absorption Rate Factors
Body Size Body Type Gender Amount Consumed / Time
Third Party Liability
Dram Shop liability is commonly called third party liability because the lawsuit involves three parties: 1st party is the licensee and/or server 2nd party is the minor and/or intoxicated patron 3rd party is the victim
House Duties
Duties you are required my management to follow.
Legal Duties
Duties you are required to follow by the law.
What kind of alcohol is contained in beer, wine and distilled spirits
Ethanol
Professional Duties
Ethical or Social duties chosen to follow
Signs to Be Aware of
Excessive sweating Erratic behavior Becoming intoxicated quickly
What slows down the absorption of alcohol?
Food in the Stomach
Food - Food in the stomach will slow the absorption of alcohol. Foods high in fat and protein help slow alcohol from being absorbed into the bloodstream because they remain in the stomach longer.
Food in the stomach will slow the absorption of alcohol. Foods high in fat and protein help slow alcohol from being absorbed into the bloodstream because they remain in the stomach longer.
Gender -
Gender - Given equal variables, women generally will have higher concentrations of alcohol because they typically have higher percentages of body fat versus muscle mass than males. Also, women have less water content which helps dilute alcohol and less of the stomach enzyme alcohol dehydrogenase. Alcohol dehyrogenase is what helps metabolize and break down alcohol.
When was RAMP legislation enacted?
June 18, 2001
Body Size
Larger people tend to have more volume of blood, water, muscle, etc., to dilute alcohol than a smaller person. Therefore, after consuming the same amount of alcohol, a smaller person will generally have a higher blood alcohol concentration. Body Type - People with high amounts of body fat will have more alcohol in their blood since fat does not absorb alcohol, whereas muscle does
Other Drugs -
Mixing other drugs with alcohol may cause unexpected reactions.
Drugs to be cautious of when mixed with alcohol include:
Non-narcotic pain relievers: Medication such as aspirin or ibuprofen can cause stomach bleeding and inhibit blood from clotting. Alcohol use exacerbates these effects. Antipsychotic medication: Alcohol use can cause potentially fatal breathing difficulties. Antidepressants: Certain types can cause a dangerous rise in blood pressure. Sedatives and hypnotics: When mixed with alcohol, sleeping pills, tranquilizers or anxiety medications (such as Valium or Ativan) can depress breathing function. Narcotic pain relievers: When mixed with alcohol, the interaction enhances the drug's effect, increasing the risk of death from overdose. Thus, the mixture can cause a synergistic effect. These medications are often opium-based (Demerol, codeine, morphine, Percocet, and Darvon).
Pyloric Valve
Organ At the base of the stomach that controls alcohol absorption
Five Parts of RAMP Certification
Owner/Manager Training Server/Seller Training New Employee Orientation Signage Affidavit Request for RAMP Certification
Body Type -
People with high amounts of body fat will have more alcohol in their blood since fat does not absorb alcohol, whereas muscle does
Who enforces the Liquor code?
The Pennsylvania State Police
Synergisitc Interaction
The capacity of two or more drugs acting together so that the total effect of these drugs is greater than the sum of the effects if taken independently.
Antagonisitc Interation
The effect of the drug is diminished in the presence of alcohol.
Amount Consumed / Time -
The faster one drinks, the faster alcohol is absorbed, which speeds up the rate of intoxication. In one hour, an average liver can process or eliminate approximately 12 ounces of beer, 5 ounces of wine or 1.5 ounces of 80 proof liquor. So if the amount consumed exceeds the rate of elimination, higher levels of BAC and/or intoxication will occur.
Owner/Manager Training
The first component of RAMP certification is completion of owner/manager training by an owner and/or the PLCB-approved manager, those most responsible for daily operations and determining policies for the licensed establishment. In order to comply with this component, an owner and/or the PLCB-approved manager must complete this training. Licensees may choose to complete the owner/manager training online or in a classroom setting. Classroom trainings are offered by the PLCB weekly throughout Pennsylvania. Training is valid for two years.
Signage
The fourth component consists of displaying posters or signs regarding responsible alcohol service. At least two signs must be posted minimally addressing the acceptable forms of ID and the refusal of alcohol service to minors and visibly intoxicated patrons. Signage must be prominently displayed so that it can be easily observed by patrons. Licensees shall be responsible for posting and maintaining the signage at all times. Free and appropriate signage can be obtained in PLCB+ or a licensee may use other signage equivalent in size and content to that provided by the PLCB.
Time
The key factor in eliminating alcohol
How Alcohol Is Eliminated
The liver is responsible for the elimination - through metabolism - of approximately 90%-95% of ingested alcohol from the body. The remainder of the alcohol is eliminated through excretion of alcohol in breath and urine.
Concentration of Alcohol - The strength of a drink will determine the absorption rate. For example, a straight shot will be absorbed faster into the system than one mixed with juice. Alcohol is generally absorbed from fastest to slowest: Fastest being a straight shot followed by, carbonated mixer, water mixer and juice mixer.
The strength of a drink will determine the absorption rate. For example, a straight shot will be absorbed faster into the system than one mixed with juice. Alcohol is generally absorbed from fastest to slowest: Fastest being a straight shot followed by, carbonated mixer, water mixer and juice mixer.
New Employee Orientation
The third component consists of orientation for all members of the alcohol service staff. The PLCB will provide the orientation form and appropriate learning materials. Licensees are required to conduct a new employee orientation within 30 days of employee's hire. It is the sole responsibility of the licensee to ensure that either the owner, manager or a designated instructor conducts the orientation. Licensees shall maintain these records for all employees for the duration of their employment.
Criminal Liability
There are two different ways a person could be fined criminally, under the Pennsylvania Liquor Code and under the Pennsylvania Crimes Code: The Pennsylvania Liquor Code Pennsylvania Crimes Code
Server/Seller Training
This component is the focus of this online training. In order to fulfill this requirement, at least 50 percent of the licensee's alcohol service staff - including anyone who serves or sells alcohol and/or checks IDs, as well as owners or managers who perform these duties - must complete this training before RAMP certification can be granted. This percentage must be maintained at all times. Upon completion of the course, trainees are required to complete a course examination and receive a score of 80 percent or better in order to receive credit for this course. Training is valid for two years.
Administrative Liability
This is often referred to as "strict liability" because licensees are always responsible for the actions of their employees - even when the licensee is absent.
The Pennsylvania Liquor Code
Under this code If a licensee or employee sells to a visibly intoxicated person or minor, he/she could be fined up to $5,000 and/or be imprisoned from 3 months to 1 year, and could be fined from $100 to $500.
Pennsylvania Crimes Code
Under this 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.
What is Alcohol
a chemical substance and central nervous system (CNS) depressant drug.
The Liquor Code
a governing body of law applicable to every licensee in Pennsylvania. Licensees and employees are responsible to know and follow this and failure to do so could result in a citation for both the owner and employee.
A Standard Drink
any drink that contains about 0.6-fluid ounces or 14-grams of 'pure' alcohol."
The Pennsylvania Liquor Control Board
establishes regulations to implement the Liquor Code and explain how it will apply its practices and procedures.
"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.
House Policies
the "rules" of the establishment beyond the Liquor Code created typically by the owners or managers of licensed establishments.
Dram Shop Liability
the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Commonly called third-party liability.
1st Liable Party
the licensee and/or server
2nd Liable Party
the minor and/or intoxicated patron
3rd Liable Party
the victim
Alcohol dehyrogenase
what helps metabolize and break down alcohol.
Bylaws
written rules that must be changed by following the proper steps as determined by the clubs constitution and charter
