Deck 8: Legal

Question 1

A pregnant customer asks Matt for a vodka tonic, but when he refuses to serve her alcohol she becomes angry and demands to speak with his manager. Why was Matt in the wrong?

A)He wasn't wrong. It is illegal to serve pregnant women alcohol.
B)He was right to refuse her alcohol, but he should have calmly offered her another drink instead.
C)He did not ask if she had a doctor's approval to drink alcohol while pregnant.
D)It is not illegal to serve pregnant women alcohol, and refusing to do so is considered discriminatory.

Answer 1

It is not illegal to serve pregnant women alcohol, and refusing to do so is considered discriminatory.

Question 2

Brian works at a local bar that has just received a citation from the liquor authority. Which of the following is not a reason for a citation?

A)Serving alcohol to a minor.
B)Discriminating against a patron's age, race, gender, or sexual orientation.
C)Refusing to serve a person certain kinds of drinks.
D)Serving alcohol to an already intoxicated person.

Answer 2

Refusing to serve a person certain kinds of drinks.

Question 3

You are serving a group of foreign tourists. Their passports say they are only 18 and 19 years old, but you know that the drinking age where they are from is 18 rather than 21. To comply with the law, what do you do?

A)Serve them since it is legal in their country. After all, that is where their identification is from.
B)Get permission from the manager to serve them.
C)Only serve them beer and wine - no hard liquor.
D)Refuse to serve them any alcohol at all and explain that the domestic drinking age is 21.

Answer 3

Refuse to serve them any alcohol at all and explain that the domestic drinking age is 21.

Question 4

When it comes to liquor laws in the United States, which of the following statements is not true?

A)"Dram shop" laws allow people injured by intoxicated individuals to sue the establishment where they were served, the owner of the establishment, and the bartender who served them.
B)Local (municipal) liquor laws can often be stricter than the liquor laws of the state the municipality is in.
C)Jail time can sometimes be required for establishments and individuals involved in criminal liability cases.
D)An establishment can only lose its liquor license after the third violation of local or state liquor laws.

Question 5

A customer comes up to the bar and asks Jessie for another martini, but the customer is clearly intoxicated. He says he has a designated driver with him, but Jessie decides not to continue serving him anyway. Was she right?

A)No. The customer had a designated driver, so it would have been fine to continue serving him.
B)It depends on the rules of the establishment. Each restaurant/bar has different policies when it comes to serving intoxicated patrons with designated drivers.
C)Not entirely - Jessie should have spoken to the designated driver before making her decision.
D)Yes. It is illegal to serve visibly intoxicated people even when they have a designated driver.

Question 6

The bars in your area have to close by 2 a.m., but you still have some customers trying to order beer at that time. What do you do?

A)Refuse to serve them and inform them that the bar is now closed.
B)Agree to give them one last drink on the condition that they leave within the next 10 minutes.
C)Talk to your manager and see if he or she is OK with staying open just a little longer.
D)Make sure they have a designated driver and, if so, allow them to have one last drink.

Question 7

Once a customer orders a certain kind of alcohol (beer, wine, or spirits), he or she can be served only that specific kind of alcohol while he or she is at that particular establishment.

Question 8

Amber is working the afternoon shift at Moe's Bar and Grill when two people come in and identify themselves as liquor authorities. What is the best thing for Amber to do?

A)Ignore them and continue working. They are probably just there to observe.
B)Ask any intoxicated patrons to leave as discreetly as possible and stop all alcohol service until further notice.
C)Talk to the liquor authorities and let them know that she has not been serving minors.
D)Notify the manager and continue working as usual unless told otherwise.

Question 9

The restaurant you work at also hosts private parties and catering events on occasion. If you are working one of these events, how are the liquor laws different?

A)The people paying for the event are the ones responsible for all alcohol service and guests' intoxication.
B)It depends on the type of event. Certain ones, like weddings, need to follow all the same liquor laws, while others, like sweet sixteen, do not.
C)Only dram shop laws apply.
D)They're not different - you still need to check IDs and monitor guests' intoxication levels. If an incident occurs, you could still be subject to civil and criminal liability.

Question 10

According to national liquor laws, what BAC is illegal to drive with in all fifty states?

A)02 or higher
B)08 or higher
C)09 or higher
D)05 or higher

Question 11

What is the difference between "criminal liability" and "civil liability," and which can apply to an establishment that serves alcohol?

A)Criminal liability holds people responsible for committing crimes while civil liability holds people responsible for paying damages. Both can apply to drinking establishments.
B)Criminal liability only holds people responsible for payment of damages, but civil liability goes a step further by holding them responsible for committing crimes as well. Civil liability can apply to drinking establishments.
C)Criminal liability refers to holding people responsible for both committing crimes and paying damages, while civil liability means the person can be charged with either one or the other. Neither applies to drinking establishments since only individual employees can be charged with crimes or ordered to pay damages.
D)Criminal liability means a restaurant can be held liable if it employs known wanted criminals. Civil liability means that civilians are legally obligated to obey liquor laws.

Question 12

When deciding whether or not to hold a drinking establishment and/or its employees liable for an alcohol-related incident, courts look at which of the following criteria?

A)The condition of the intoxicated person(s) at the time of the incident
B)Whether or not the employee serving them should have seen that they were already "visibly intoxicated"
C)Whether the intoxicated person should have been denied alcohol service while still at the establishment
D)All of the above

Question 13

What kind of individual license does an employee need to have in order to legally serve alcohol?

A)All bartenders must be licensed with the state, but servers only need their employer's approval.
B)There is no such thing as a national "bartending license" or an individual alcohol service license for servers, but certain states may require certification or a "license to pour."
C)Bartenders must go to bartending school and pass a high-grade state licensing test, while other employees can apply directly to the state for a low-grade alcohol service license.
D)Both bartenders and servers need to apply for a license with the local liquor authority, and this license expires after 14 months.

Question 14

A local liquor authority (sometimes also called the Alcoholic Beverage Control Commission or Liquor Control Commission) is not responsible for which of the following?

A)Recognizing violations and issuing citations
B)Hiring and monitoring the employment of local bartenders and servers at approved alcohol service establishments
C)Enforcing liquor laws
D)Approving and monitoring liquor licenses

Question 15

To make his busy happy hours easier, Joel starts serving younger customers first and leaves any elderly patrons for last, when the bar is no longer as busy. Joel is later shocked when he finds out the local liquor authority has issued a citation against the establishment, since he was not serving any minors and had not noticed any severely intoxicated customers. Why was a citation issued?

A)He was holding "happy hours," and such promotions are actually illegal in the U.S.
B)Elderly people must always be served before younger people.
C)The citation was an error.
D)He was practicing discrimination when it came to his customers.

Question 16

Maddie recently started working at a restaurant that has no liquor license but does allow guests to bring in their own wine or beer for their meals. Maddie feels unsure about this BYOB policy, but should she?

A)Of course not. Most restaurants have been using BYOB policies for years.
B)No. As long as the restaurant is not serving its own alcohol, a BYOB policy is fine.
C)Yes. There's no such thing as a legal BYOB policy.
D)Yes. In most cases a license is still needed to allow guests to bring in their own alcohol.

Question 17

You are serving a couple and their teenage daughter. The parents both order wine, then an additional glass for their daughter. When you ask to see the girl's ID, the couple laughs and tells you it's OK because they're her parents. Are you legally allowed to serve a minor under these circumstances?

A)Yes. Ultimately the parent is responsible under these circumstances.
B)Yes. The law says that as long as it is the parents ordering for their child, the establishment will not get in trouble for serving a minor.
C)No. This is a bit of a gray area, but in most states it is still illegal for minors to drink on alcohol-selling premises even if a parent is present.
D)No. The legal drinking age is strictly reinforced on a national scale.

Question 18

What did the National Minimum Drinking Age Act of 1984 do?

A)It lowered the national drinking age from 25 to 21.
B)It made the drinking age the same in every state, raising it in many from 18 to 21.
C)For the first time ever, it made checking IDs before serving alcohol a legal requirement.
D)It allowed states to start choosing their own minimum legal drinking ages.

Question 19

What is the best way to prevent illegal serving of alcohol?

A)Check IDs carefully and keep track of customers' intoxication levels.
B)Only work in establishments with a good reputation and a liquor license.
C)Cut each customer off after they've had three drinks.
D)All of the above.

Question 20

What does "third party liability" refer to when it comes to alcohol service?

A)When a person refuses to be held responsible for alcohol-related incidents.
B)Someone's legal responsibility to refuse alcohol service in order to help prevent alcohol-related incidents.
C)A bartender's legal responsibility to drive home all of his or her drunk patrons after the bar closes.
D)When an underage person consumes alcohol, their parents are to blame.

Question 21

A bartender or server can be held responsible for serving alcohol to an already intoxicated customer even if his or her manager or supervisor tells him or her to do so.

Question 22

One of Brandon's regular bar patrons has been sitting at the bar for hours and has already had several pints of his favorite beer. The man keeps asking for refills, which Brandon gets for him because the man does not appear to be getting intoxicated. When the man leaves, he accidentally drives into another car, resulting in the death of himself and two others. Is Brandon still responsible even though the man did not show any visible signs of intoxication?

A)No. The law only covers what a bartender/server can visually observe.
B)No. The only person who can be considered responsible is the driver.
C)Yes. Brandon is still responsible because he should have been monitoring how many drinks the customer had consumed rather than just how drunk he seemed.
D)No. In this case it is Brandon's supervisor who bears the responsibility.

Question 23

In addition to selling alcohol to minors and intoxicated patrons, what else can you be held criminally liable for?

A)Allowing the sale of drugs on the property and/or selling them yourself
B)Verbally insulting a customer for any reason
C)Refusing to wear a supervisor-approved uniform
D)Not using clean glassware to serve alcohol in

Question 24

Bartenders and servers can only be issued warnings for violations found during "sting operations" (situations in which undercover police officers or volunteers pose as customers).

Question 25

Which of the following do liquor lawsnotcontrol?

A)The legal age to drink and/or enter the establishment
B)How many hours an individual bartender is allowed to work
C)The legal age for employees to serve alcohol and/or work at the establishment
D)What kinds of drink promotions can be offered and when

Question 26

What is the difference between a general liquor license, an "all liquor" license, and a "tavern" liquor license?

A)General liquor licenses are permanent, while tavern liquor licenses and all liquor licenses are temporary.
B)A general liquor license only covers the sale of alcohol during regular restaurant hours, whereas a tavern license can be used for extra hours and/or catering events and an all liquor license covers everything.
C)A general liquor license usually just permits the sale of beer and wine, while a tavern liquor license permits the sale of "hard liquor" at establishments that profit from primarily alcohol sales. Meanwhile, an all liquor license is used at most restaurants with bars and covers a broad range of types of alcohol.
D)A tavern license can only be issued to a bar or pub, whereas a general license is traditionally issued to a full restaurant.

Question 27

What is the maximum penalty for serving alcohol to a minor?

A)A fine of $50,000 or more
B)A jail sentence of no longer than a year
C)A probation sentence of at least 12 months
D)A prison sentence of five years or more

Question 28

What is the hierarchy of liquor law enforcement and administration?

A)National > state > municipal
B)State > municipal > national
C)State > national > municipal
D)Municipal > state > national

Question 29

What are "dram shop" laws?

A)Laws that make it possible for a victim of a drunk driver to sue the people the driver was drinking with prior to the accident.
B)Laws that allow a person injured or otherwise harmed by a drunk person to file suit against the bartender/server and the establishment that served the drunk person
C)Laws that regulate what an establishment can and cannot sell, especially during happy hour
D)Laws that protect a bar or restaurant from multiple lawsuits from victims of drunk driving

Question 30

A pregnant woman keeps ordering drinks, but you decide to cut her off after you see her stumble on her way up to the bar. Ten minutes later, your manager comes up to you and says that the woman is telling everyone she wants to sue the establishment for discrimination. Can she really do this?

A)Yes. The U.S. government views the refusal to serve pregnant women as gender discrimination.
B)No. It is illegal to serve pregnant women anyway.
C)No. She can only sue you, not the establishment.
D)She can technically file suit, but she is unlikely to win since you cut her off because she seemed to be getting intoxicated, not because she was pregnant.

Question 31

Which of the following types of alcohol are illegal to sell in some states?

A)Alcoholic energy drinks.
B)Boxed wine
C)Vodka infusions
D)All of the above

Question 32

Brandon is serving a group of people that has come straight from church. A minor in their group asks for a glass of wine, but when Brandon refuses he is told that it's OK because their religion allows minors to drink. Brandon doesn't want to violate their religious freedom, but he still doesn't think he should serve the minor. Who is right according to the law?

A)The customers are right, since religious freedom has long allowed certain loopholes in the law.
B)Brandon is right, since drinking for religious purposes does not apply to bar or restaurant situations.
C)They are both technically right, so Brandon should consult his manager about what to do.
D)Brandon is right, since there's no such thing as drinking for religious purposes.

Question 33

What can make serving a minor alcohol a felony as opposed to a misdemeanor offense?

A)The server/bartender has committed repeated offenses.
B)A person was killed or seriously injured as a result of the minor consuming alcohol.
C)The server/bartender was deliberately indifferent to the wellbeing of the minor.
D)All of the above.

Question 34

How, if at all, does the statute of limitations apply in civil suits against an establishment that serves alcohol?

A)It doesn't apply at all, since the establishment can be sued at any time.
B)It applies only when a victim of an alcohol-related incident is looking to sue for an amount over $100,000.
C)Victims of an alcohol-related incident cannot file suit until at least one year after the incident.
D)Depending on the location of the alcohol-related incident, victims may no longer be able to file suit once a certain period of time has passed.

Question 35

Kevin works in a state that requires bartenders and servers to have a license to pour alcohol. Kevin still needs to apply for this license, but he has a DUI on his record. How will this affect his license approval?

A)It won't. DUIs are considered minor offenses and do not affect the ability of someone to get an alcohol pouring license.
B)It could delay Kevin's approval and may even cause it to be denied.
C)Kevin will now need to wait at least six months before applying again.
D)Kevin will only be approved to pour beer and wine, not hard liquor.

Question 36

Out of the following, where can the hours of legal alcohol service for a particular establishment be found?

A)The bar computer
B)Posted on the wall next to the bar
C)The bartender or server's hiring contract
D)The establishment's liquor license

Question 37

Under what circumstances are establishments responsible for providing transportation home for their customers?

A)Establishments have to provide transportation home for any customer who asks for it.
B)There are no legal circumstances in which establishments would be responsible for providing transportation for customers.
C)While not legally required to provide transportation, establishments should offer it to any intoxicated customer without a way to get home safely.
D)If a private party or catering event is being hosted, establishments must provide transportation home for guests.

Question 38

If an establishment is checking IDs at the door, do bartenders/servers still have a legal responsibility to check them? Why or why not?

A)Yes. The bartender/server should always check the IDs of anyone he or she suspects of being a minor.
B)No. If any minor is accidentally served, the responsibility falls on the person checking IDs at the door.
C)Yes. The bartender/server is legally required to check the ID of everyone who asks for an alcoholic drink, regardless of their age or whether or not the ID was checked at the door.
D)No. Establishments that check IDs at the door always use bracelets or stamps to identify people of legal drinking age.

Question 39

Every establishment has the right to a liquor license.

Question 40

If an intoxicated customer manages to drive away from the premises and you are aware of it, what can still be done to increase the customer's safety and lessen the potential legal consequences for the establishment?

A)Have a sober driver catch up and follow him or her home.
B)Call the police immediately and let them know an intoxicated patron just drove away from the establishment.
C)Try to remember what the customer drank and write it down for future reference.
D)Attempt to contact the customer the following morning to make sure he or she made it home safely.