TIPS Certification
Types of Illegal Alcohol Sales
-People who are under 21 (underage) -People who are attempting to buy for someone underage (second-party). This means an individual who is of legal age to purchase spirituous liquor for an individual who may not lawful purchase spirituous liquor in Arizona -People who appear to be impaired or intoxicated (visibly intoxicated)
Select all the forms of identification that are ACCEPTABLE as proof of age to purchase alcohol
-State driver license -Other state driver's license -passport -alien registration card (green card) -F. Military ID -Other State's State-Issued ID card
Why might your establishment need documentation about alcohol-related incident
-To defend itself in a liquor liability lawsuit -To track trends in alcohol problems -To ensured that the detail of an incident that may have happened years ago can be accurately presented
Select all the customers to whom you can never legally serve or sell alcohol
-Underage people -Second-party purchasers -Visibly intoxicated people
How long does it typically take the body to process the alcohol in one measured drink?
1 hour
What is it legal to sell alcohol in Arizona?
6:00am-2:00am, Monday-Sunday
What is Blood Alcohol Content (BAC)?
A measure of amount of alcohol in a person's blood
Whom should you call if a customer refuses to accept your decision or request?
A supervisor, manager, or security personnel
Which of the following is NOT within the powers and duties of the DLLC?
Allow licensees to create and adopt their own rules regarding the sales and service of alcohol.
In order to maintain control of a situation, it is important to match your response to the person's
Behavior
Which of the following would be considered a reasonable effort?
Checking a person's ID
What are you trying to avoid by using the customer service guidelines
Escalating the situation with the customer
When will your customers' BAC levels vary?
Every time they drink
A server or seller can be held liable for an illegal alcohol sale ONLY in jurisdictions that have Dram Shop Liability Law?
False
As a server or seller of alcohol, you have a legal responsibility to determine person's BAC level?
False
If you have doubt about serving or selling alcohol to a particular person who is escalating the situation, it is probably safer to server or sell the alcohol to that individual
False
If you make reasonable effort to prevent illegal alcohol sales, there is no way you can held liable
False
Using "I" statement means saying whatever you want as long as you start with the word, "I"
False
You must avoid at all costs appearing to be judgmental and you must never warn a customer that you are going to call the police
False
Your employer has a legal responsibility to protect you from legal penalties in the event that you serve or sell alcohol illegally?
False
A server or seller must be at least 21 year old to fill a growler?
False: A server or seller must be at least 19 years old to fill a growler.
Customers may bring outside alcohol into a licensed establishment?
False: Customers may NOT bring outside alcohol into a licensed establishment
You deal with a customer either directly or indirectly, but never both ways.
False: There may be times when you have to deal with customer both directly or indirectly
What does it mean to assess a person as part of the Intervention Model?
Gather information to create a complete picture of the person
Which of these would NOT be considered a reasonable effort?
Glancing at an ID without verifying all of the information
Which of the following is a benefit of maintaining sound documentation procedures?
Good documentation helps defend an establishment in the event of a lawsuit
If a person display one or more of the underage warning signs, what should you do?
Request an ID if the person orders or tries to buy an alcoholic beverage
Which of the following is NOT a type of on-premise liquor license granted by the Arizona State Liquor Board?
Series 15: Cruise Ship -Series 15 Cruise Ship is not a type of no-premise liquor license granted by the Arizona State Liquor Board. A Cruise ship would fall under a Series 8: Conveyance liquor license.
Types of On- and Off-Premise Licenses and Privileges +The following licenses are for the sale of liquor for consumption on- and off-premises, some carry-out allowed
Series 16W Wine Fair/Wine Festival: -A temporary license for wine only; unlimited on- and off- premise sales. Off- premise sales must be in closed, original containers for off- premise consumption. Series 16D Craft Distillery Fair/Festival: -May issue on a temporary basis a craft distillery festival license that authorizes: the sampling of the craft distillery product on craft distillery festival premises, the sale of products for consumption on the craft distillery festival premises and the sale of products in the original container for consumption off the craft distillery festival premises Series 18 In-state Craft Distillery: -May issue a craft distiller license to any person that meets the requirements of subsections C of this section. Each location that engages in producing and bottling these producing and bottling these products must obtain a separate craft distiller license. The licensee may not transfer the craft distiller license from person to person or from location to location and may not also hold a producer's license. The licensee and all commonly controlled craft distiller licensees may not manufacture or produce more than twenty thousand gallons of distilled spirits in a calendar year. For the purposes of this section, "annual gallonage" shall be the total proof gallons of finished distilled product available for wholesale or retail sale. Series 19 In-State Craft Distillery: -Remote Tasting Rooms are located in AZ and are owned and operated by a licensee that concurrently owns one of these four AZ liquor licenses: <Out-of-State Farm Winery- Series 2 W <In-State Farm Winery Application Kit- Series 13 <Out-of-State Craft Distillery- Series 2D <In-State Craft Distiller Application Kit-Series 18
Types of On- and Off- Premise Licenses and Privileges, continued
Series 3 In-State Microbrewery: -May sell spirituous liquor for customers to drink in site, may sell liquor and cocktail "to-go" and for delivery in original, unopened containers in amounts not to exceed 30% of on-sale receipts. Series 6 Bar License (all spirituous liquors) -May sell all spirituous liquor for customers to drink on site, may sell liquor and cocktail "to-go" and for delivery in original, unopened containers in amounts not to exceed 30% of on-sale receipts. Series 7 Beer and Wine Bar License: -May sell beer and wine to customers to drink on site, may sell liquor "to-go" in original, unopened container in amounts not to exceed 30% of on-sale receipts. Series 13 In state Farm Winery: -Allows for wine to be produced on premises only; unlimited on- and off-premise sales allowed. Series 15 Special Event: - Temporary license that allows sales for all spirituous liquor for on premise consumption. Off premise sales are allows by auctions in closed, original containers for off premier consumption. Tasting Room with Shared Patios - The Director may issue a remote tasting room license to a craft distiller or a domestic farm winery for a tasting room that is located on the same property as another remote tasting room license, subject to the following conditions -All remote tasting room licensees that share a common indoor area and outdoor patio may each be held liable for any violations of this title.
Types of Off-Premise Licenses and Privileges + The following license are the sale of liquor for consumption off of the premises in original packaging; carry out/ "to-go" and delivery only.
Series 9 Liquor Store: -Allows for the sales of all spirituous liquor. May sell "carry-out" to patrons to consume off-premises, on-site temporary sampling events hosted by producer or wholesaler. May sell all spirituous liquor "to-go" and for delivery in the original, sealed container; may provide residential delivery; may conduct limited on site sampling events using product supplied by an Arizona licensed producer or wholesaler; and may sell sealed growlers through a drive-thru window. Series 10: Beer & Wine: -Allow for the sale of beer and wine only, may sell "carry-out" to patrons to consume off-premises, on-site temporary sampling events hosted by producer or wholesaler. May sell beer and wine "to-go" and for delivery in the original, sealed container; may provide residential delivery; may conduct limited on-site sampling events using product supplied by an Arizona licensed producer or wholesaler, and may sell sealed growlers through a drove-thru window.
Checking IDs
Server and seller need to accurately check ID to ensure they are not breaking the law by serving, selling, making alcohol available to persons under the age of 21
Who is responsible for granting and denying all liquor licenses applications is Arizona?
The Arizona State Liquor Board
How are Blood Alcohol Content (BAC) and behavioral cues related?
The more behavioral cues you see, the higher the person's BAC level probably is
Reasonable Effort: Defense
The more reasonable effort you make, the less likely you are to serve or sell alcohol illegally.
What is a second-party sale?
The sale of alcohol to an "of age" person who is purchasing alcohol for an underage person.
Who should answer the four decision point question and make the ultimate decision about whether or not to serve or sell alcohol to a customer?
The server or seller
How does reasonable effort help you?
They reduce the likelihood that you will serve or sell alcohol illegally.
What is the only thing that can lower a person's BAC level?
Time
On- and Off- premier licenses allow licensees to serve alcohol on the premises as well as sell closed containers of alcohol to be consumed off of the premises?
True
A licensed establishment must report an act of violence that occurs on the premise
True: A licensed establishment must report an act of violence that occurs on the premises
In Arizona, a 20-year-old young woman would be allowed to sit at a bar as long as she is accompanied by her 22-year-old husband or her parents who are of legal age.
True: In Arizona, a 20 year old young woman would be allowed to sit at a bar as long as she is accompanied by her 22 year old husband or her parents who are of legal age
A person with high tolerance may not exhibit any behavioral cues and therefore may not appear to be visibly intoxicated
True: Tolerance hay hide a person's behavioral cues so he or she may not appear to be visibly intoxicated, but tolerance does not affect a person's BAC level
When would you ask for a second form of ID?
When you need to verify the primary ID and need further proof of identity
Acceptable IDs
When you routinely ask for IDs, and use proper techniques to check those IDs, you reduce the chance that you will server or sell alcohol to someone who is underage
Types of On-Premise Licenses and Privileges
- Series 5 Government: Allows for all spirituous liquor to be sold to patrons to consume on the premises. - Series 8 Conveyance: Allows for the sale of all spirituous liquor to be consumed on an airplane, train or boat. -Series 11 Hotel/Motel License (with restaurant): Allows the holder of the license to sell and server beer, wine, and spirit solely for consumption on the premises of a hotel or motel that has a restaurant and where food is served on the premise Series 12 Restaurant License: Allows the holder of a Restaurant License to sell and serve beer, wine and spiritous liquor solely for consumption on the premise of an establishment which derives at least 40% of its gross revenue from the sale of food. Kitchen must remain open until 10:00 p.m. Restaurant License are non-transferable. Effective 2021, Series 12 restaurant license are permitted to sell mixed cocktail (must be accompanied by a food item) growlers, and beer/wine/spirits "to-go" and for delivery. Series 14 Private Club License: Allows the holder to sell and server all spirituous liquor to bona fide members and their customers for on-premises consumption.
The DLLC has three divisions
- The Administrative Division: Responsible for the four DLLC units: Human Resource, Audit, Budget and Finance. The administrative division houses the Office of Director of the Department as well as the offices for the Assistant Director and all administrative functions such as (but not limited to bookkeeping and human resources. - The Licensing Division's: Responsibilities include the processing of new license applications, permits, renewals, and maintaining up-to-date and accurate information on active licenses. - The Investigation Division: Responsible for ensuring that all licensees state wide adhere to A.R.S Title IV (AZ Liquor Laws) and all rules established by the DLLC. The primary functions of the Investigations Divisions.
Step three: Establish ID Ownership
-Asked the customer question the only owner without hesitation. -Ask for a secondary form of ID.
Some Reasonable Efforts
-Check IDs -Get trained in a responsible alcohol server/seller course -Suggest food -Monitor customers -Refuse Service -Refuse the Sale -Ask questions -call the police -call a cab -Suggest non-alcohol drinks -Post signs
Liability Laws -Common Negligence and Dram Shop Liability Laws are the two main types that can make liable for illegal alcohol sales
-Common Negligence Laws: +Not specific to alcohol sales +Can be applied to illegal alcohol sales +Based on prior court cases +Set a standard for what a reasonable person would do to prevent a problem +Exist in every jurisdiction -Dram Shop Liability Laws +Specific to alcohol sales +Apply only to licensees and their employees +Explain expectations for preventing illegal alcohol sales +May set monetary limits for financial judgments in lawsuits +Exist in some but not all jurisdictions.
Serve/Seller
-Employee could be arrested -Employee could be ordered to pay a fine -Employee could lose his or her job -Employee could serve jail time -Employee could be sued civilly
Potential Risk from the Improper Sale/Service of Alcohol to the Establishment
-License holder can be fined between 200 and 3000 -License can be suspended -License can be revoked -Licensee can be sued civilly -Licensee can be prosecuted criminally
Which division of the DLLC is responsible for educating community members on the legal responsibilities of licensed establishments?
Investigations
The Arizona Department of Liquor Licenses and Control (DLLC)
Is in charge of licensing, regulation and enforcement. The power and duties of DLLC include (but are not necessarily limited to): - Grant and Deny applications in accordance with the provision of Arizona State Law -Adopt rules for the proper conduct of the business to be carried out under specific type of spiritous liquor (alcoholic beverage) license, for the issuance and revocation of certificates of registration of retail agents, including provisions regarding the shipping and storage delivery of spiritous liquors by a registered retail licensee -Hold hearing appeals and issue penalties - Maintain a public index record of each licensee -Provide the Board or any other law enforcement agency with requested actions, reports and resources -Maintain effective liaisons with the Department of Public Safety and all local law enforcement agencies in the enforcement of Title IV liquor laws to prevent underage alcohol consumption and over service to patrons.
What are Reasonable Effort?
Reasonable Effort are like tools. It to protect from legal penalties and liability by making reasonable effort
The more alcohol a person drinks, the_______________ behavioral cues you will probably see?
More
Authority to Enforce Arizona State Laws Pertaining to and Regarding Alcohol
Not only Arizona Department of Liquor Licenses and Control have the authority to enforce laws pertaining to and regarding liquor, but also any peace officer in the state Arizona has the power of authority to enforce liquor laws. 1. Administration 2. Licensing 3. Investigations Arizona Department of Liquor Licenses and Control (DLCC).
What is the most important thing you can do to assess you customers?
Observe their behavior
How does off-premise licenses differ from on-premise licenses?
Off-premise license allow for the sale of alcohol in original packaging for consumption off of the premises only, on-premise licenses do not.
A woman is talking a bit loudly and disturbing customers at another table. What would be an appropriate response?
Politely ask her to keep her voice down so as not to disturb others.
An off-premise retailer shall post one or more sign on the premise where alcohol is sold that clearly warm______________ of the dangers of consuming alcohol during pregnancy?
Pregnant women
