Core Concept: This service focuses on evaluating whether a licensed alcohol establishment adheres to the complex web of state, local, and sometimes federal laws and regulations governing the sale and service of alcoholic beverages. Non-compliance can lead to severe penalties, including fines, license suspensions, and significantly impact civil liability in dram shop cases.
With 35+ years immersed in the hospitality and entertainment industry, I possess a deep practical understanding of the intricate liquor laws and regulatory landscape that governs alcohol sales. My service as “The Dram Shop Expert” provides attorneys with a comprehensive assessment of an establishment’s compliance (or non-compliance), offering clear insights into how regulatory failures may contribute to liability. I don’t just know the laws; I understand how they are enforced and how their violation impacts operational safety and legal standing.
Description: I meticulously review an establishment’s liquor licenses and permits to ensure they are current, appropriate for the type of alcohol being sold (e.g., beer, wine, spirits), and cover all aspects of their operation (e.g., on-premise, off-premise, catering, special events). This also includes verifying that all necessary federal, state, and local licenses are in place.
Why it’s crucial: Operating without proper licenses or exceeding the scope of existing permits is a fundamental violation that can lead to automatic negligence in a liability case.
Description: I analyze an establishment’s adherence to legal operating hours for alcohol sales and service as stipulated by state and local regulations. This includes reviewing sales records, surveillance footage, and witness testimony to identify any instances of illegal “after-hours” sales or consumption.
Why it’s crucial: Violating mandated closing times is a common regulatory breach that often correlates with over-service and increased risk.
Description: This critical area involves evaluating the establishment’s policies and practices for preventing sales to underage individuals. I assess the effectiveness of ID checking procedures, staff training on identifying fake IDs, “minor in possession” policies, and the handling of minors on premises (where restricted).
Why it’s crucial: Selling or serving to minors is a severe statutory violation with significant civil and criminal penalties, often forming a direct basis for liability.
Description: I examine whether the establishment and its staff comply with any state or local mandates for responsible beverage service training (e.g., TIPS, ServSafe Alcohol). This includes reviewing certification records, training frequency, and the content of such training to ensure it meets legal requirements and industry standards.
Why it’s crucial: Many jurisdictions require specific training; failure to comply, or superficial compliance, can be a direct indicator of negligence and a contributing factor to over-service.
Description: I assess compliance with various prohibited practices, which can vary by jurisdiction. This includes, but is not limited to:
Prohibition of “happy hour” specials that encourage rapid, excessive consumption.
Restrictions on “all you can drink” promotions.
Rules regarding free drinks or contests promoting intoxication.
Compliance with “last call” regulations and removal of alcoholic beverages after closing.
Posting of required signage (e.g., warnings about DUI, pregnancy warnings).
Why it’s crucial: These specific regulations are designed to prevent dangerous drinking behavior; violations demonstrate a disregard for public safety and can directly contribute to incidents.
My operational experience means I have directly navigated and implemented these complex regulatory frameworks. I understand not just what the laws say, but how they are applied and often circumvented in real-world scenarios. I can swiftly identify regulatory red flags, articulate their significance in the context of a legal case, and provide authoritative testimony on whether an establishment’s actions (or inactions) constituted a breach of their fundamental legal duty as a liquor licensee. This provides attorneys with a clear, fact-based foundation for arguments concerning statutory negligence.
