Alcohol in America Taking Action to Prevent Abuse (1985) / Chapter Skim
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5. What Servers Can Do
5. What Servers Can Do
Pages 62-69
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From page 62... ...
In some states this liability extends even to noncommercial servers, such as hosts at a party or bartenders at an informal social gathering. These dramshop laws, as they are known, establish civil liabilities.
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From page 63... ...
that social hosts could be held liable for serving obviously intoxicated guests, each state quickly passed legislation contravening the decision. This chapter concentrates on commercial rather than noncommercial servers for several reasons.
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From page 64... ...
The city of Madison, Wisconsin, took a different approach to ensuring that servers receive training in intervention techniques. In 1981 it passed a law requiring that all commercial servers of alcoholic beverages take an alcohol awareness training program before obtaining a license.
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From page 65... ...
"These programs represent a significant step in server intervention policy," concludes Mosher. "They are practical efforts to incorporate commercial alcohol establishments into a prevention effort." Making Server Intervention More Effective Bartender training programs are a valuable step forward, but they are only one component of what could be a comprehensive approach to server intervention.
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From page 66... ...
According to Mosher, "Such variables as crowcledness, noise, availability of nonalcoholic beverages and food and of nondrinking activities that
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From page 67... ...
"An effective intervention program, however, may require a number of reforms in management practices, including such variables as the number of employees on the job, the number of patrons allowed on the premises, the interior design, the commitment to alternative forms of transportation, the hours of operation, the use of promotional techniques, etc." Finally, past server intervention programs have made little use of legal support. An exception to this rule is the program in Madison, Wisconsin, which made training a prerequisite of licensing.
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From page 68... ...
The liability of a server would then clepend on whether the server had taken reasonable steps to protect other people from harm. "For example," says Mosher, "a server who institutes a training program for employees, implements management practices that encourage compliance, and is attentive to environmental variables such as alternative transportation for intoxicated patrons could be protected as a matter of law from dramshop suits, assuming he or she can prove that the procedures were followed on a given occasion." Such changes in the dramshop laws would be a strong inducement for participation in server intervention programs, especially if insurance companies acknowledged that participation with lower liability insurance rates.
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From page 69... ...
"The federal government," he says, "through the National institute on Alcohol Abuse and Alcoholism, needs to take the leac! in this process, providing financial resources for the necessary research and evaluation studies, offering technical assistance to interested groups, acting as an information clearinghouse, and ensuring that duplication of effort is minimized."
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