Responsible Alcohol Service: PLCB's Mission and Guidelines for Servers, Study notes of Law

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Participant Manual

Server/Seller Training Component

Promoting Responsible

Service and Sale of Alcohol

in the

Commonwealth of Pennsylvania

LCB-89 6/ Reorder item #

A L C O H O L E D U C A T I O N

INDEX

• Pennsylvania Liquor Control Board Overview
• Introduction
• RAMP Certification
  • Liability Concerns Section I
  • Documentation
  • Liquor Code
  • House Policies
  • Club ByLaws
  • What is Alcohol? Section II
    • Absorption Rate Factors
  • Drug and Alcohol Interactions
  • Alcohol and Energy Drinks.........................................................................................................................
  • Drink Equivalency
  • How Alcohol is Eliminated
  • Measuring Intoxication/ Tolerance
  • BAC Defined
  • BAC Chart
  • Alcohol and the Brain
  • Visible Intoxication Defined
  • Preventing Intoxication................................................................................................................................
  • Refusing Service
  • Intervention Techniques
  • Group Activity
  • Minors Section III
  • Who and When to Card
  • Legally Acceptable ID
  • How to Card
  • Proof of Carding.........................................................................................................................................
  • Minors Frequenting
    • A. Test Your Knowledge Appendices
    • B. PLCB Contact Information
    • C. Glossary
• Pennsylvania Liquor Control Board Overview
• Introduction
• RAMP Certification
  • Liability Concerns Section I
  • Documentation
  • Liquor Code
  • House Policies
  • Club ByLaws
  • What is Alcohol? Section II
    • Absorption Rate Factors
  • Drug and Alcohol Interactions
  • Alcohol and Energy Drinks.........................................................................................................................
  • Drink Equivalency
  • How Alcohol is Eliminated
  • Measuring Intoxication/ Tolerance
  • BAC Defined
  • BAC Chart
  • Alcohol and the Brain
  • Visible Intoxication Defined
  • Preventing Intoxication................................................................................................................................
  • Refusing Service
  • Intervention Techniques
  • Group Activity
  • Minors Section III
  • Who and When to Card
  • Legally Acceptable ID
  • How to Card
  • Proof of Carding.........................................................................................................................................
  • Minors Frequenting
    • A. Test Your Knowledge Appendices
    • B. PLCB Contact Information
    • C. Glossary
• rev. 6/

Pennsylvania Liquor Control Board Overview

Created by the Pennsylvania General Assembly in 1933, the Pennsylvania Liquor Control Board has played a significant role in the lives of Pennsylvanians for more than 75 years.

A legislatively mandated “quota” system limits the number of licensed on and off premises beverage alcohol businesses. This quota is based on a ratio of one retail license for every 3,000 inhabitants within any county and one wholesale license for every 30,000 inhabitants of a county.

Pennsylvania’s Wine and Spirits Store system is a self-supporting system that transfers all profits and taxes collected to the Pennsylvania State Treasury. Since the creation of the agency, over $9 billion has been transferred to the General Fund. As the nation’s largest purchaser of wine and spirits, the PLCB is nationally recognized as a leader in the industry. Operating with a “zero tolerance” policy on sales to minors and intoxicated persons, employees perform over 1,085,000 minor challenges annually. Information on the responsible use of alcohol for adults of legal drinking age is regularly distributed through the stores.

Today’s PLCB is a modern, dynamic organization which consistently strives to serve the public interest as it fulfills its three-pronged mission of regulation, retail sales and customer service, and alcohol education.

Meeting the Challenges of Social Responsibility and Profitability

Our mission is to administer the Commonwealth’s beverage-alcohol industry through our stores and our licensees; promote responsible beverage-alcohol consumption; provide customers with access to the world of beverage alcohol through product availability and information, and courteous and knowledgable service; and to maximize returns to the people of Pennsylvania.

Ongoing Commitment to Control

While the PLCB has adopted a more consumer-oriented, market-driven approach to its retail operations, its commitment to control beverage alcohol sales remains firm. A zero tolerance policy on sales to minors and intoxicated adults has always been the standard.

Today’s PLCB store employees comprise a well-trained workforce of adults who have no financial incentive to sell more beverage alcohol. Employees can lose their jobs for unlawful sales to minors and visibly intoxicated persons. Employees are trained on the specific provisions of the law pertaining to attempted purchases by minors and intoxicated adults. Employees also learn the necessary skills to recognize legally acceptable “proof of age” identification, evaluate age characteristics of patrons, and detect visible signs of intoxication. In order to provide good customer service, the store hours of most Fine Wine and Good Spirits Stores correspond closely to local retail business and community standards. However, no Fine Wine and Good Spirits Store is open after 10:00 P.M., emphasizing the agency’s commitment to

responsible service for all citizens of Pennsylvania.

A History of the PLCB

 The “Noble Experiment” of Prohibition came to an end in the United States with the passage of the 21st Amendment to the U. S. Constitution. The Pennsylvania Liquor Control Board was officially organized on December 1, 1933, just four days before the sale of alcohol became legal in Pennsylvania after the repeal of prohibition.

 On December 5, 1933, the first day alcohol could legally be sold, more than 600 food establishments already had licenses.

 The first 63 state liquor stores and five warehouses opened on January 2, 1934.

 In its first month, the PLCB had sales of $1,796,977.

 In April, 1934, four district enforcement offices were opened.

 The PLCB opened its first self-service store in 1969.

 In June, 1980, the PLCB opened a state liquor store within the confines of the Joseph Horne & Co. department store in downtown Pittsburgh. A second “store within a store” opened in the Boscov’s department store in Wilkes-Barre in November, 1981. The Pittsburgh store remained open for 13 years. The Wilkes-Barre store was open for nearly 11 years.

 Following an earlier experiment with debit cards in selective stores, the Board began accepting credit cards in all of its stores in 1987.

 Legislation enacted in 1987 mandated major changes at the PLCB. Responsibility for liquor law enforcement was transferred from the PLCB to the Pennsylvania State Police, although enforcement was still to be funded by the PLCB. The Office of Administrative Law Judge, the Bureau of Consumer Affairs, and the Bureau of Wines were all created.

 The first PLCB “Superstore” was opened on August 23, 1990 in Allentown. These stores are now known as Premium Collection stores.

 The Responsible Alcohol Management Program, or RAMP, a voluntary responsible service training program for licensees, was launched in early 1993. In June of 2001, the program was extensively revised, due to legislative mandate.

 In November, 1994, the Bureau of Alcohol Education was established.

4. Signage

The fourth component consists of displaying posters or signs regarding responsible alcohol service. Appropriate signage is available from the PLCB. However, the licensee may use other signage, providing that it is equivalent size, number and content of the PLCB’s signage. 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.

Signage shall minimally include the following information: a. Acceptable forms of ID; and b. Refusal of alcohol service to minors and visibly intoxicated patrons.

5. Request for Certification

After completion of all four listed requirements, the fifth and final component requires the licensee to contact their Regional RAMP office to request RAMP certification.

Maintaining Compliance

Once the establishment has become RAMP certified, it’s up to management to maintain compliance.

 If an owner or manager who participated in the Owner/Manager Training changes, the new (or another) owner/ manager has 60 days to complete training.

 If the number of server/seller trained employees falls below 50%, additional employees must be trained within 60 days.

 It is recommended that the new employee orientation be completed on or before the first day of employment as a member of the licensee’s alcohol service staff but must be completed within 30 days of his/her hire date.

 Add all new employees to the alcohol service staff roster.

 Maintain posting of signs at all times.

Note: Failure to maintain the above guidelines may void your certification.

Benefits To The Licensee Include:

 Possible reduction in the fines and penalties issued by the Administrative Law Judge to the licensee for serving a minor or a visibly intoxicated patron, as long as the licensee was in compliance at the time of the violation and had no citations for either of those two violations in the previous 4 years.

 Possible liquor liability insurance discount.

 Knowledgeable, well-trained alcohol service staff and management.

 Recognition as a responsible licensee in your community.

 Less likelihood of Dram Shop liability.

How to become RAMP certified

The first step in becoming RAMP certified is obtaining training for your alcohol service staff, owner(s) and manager(s). Contact your Pennsylvania Liquor Control Board RAMP regional office to obtain a list of approved server/seller trainers and to inquire about owner/manager training dates.

Western Pennsylvania Central Pennsylvania South Eastern Pennsylvania (412) 723-0109 (717) 558-2160 (610) 940- 1 (866) 275-

*These numbers are subject to change, in that event dial 1 (866) 275-

Through RAMP, the PLCB offers a way for licensees to reduce the risks associated with the service of alcohol. By working together, the PLCB and licensees can make a difference in improving the safety of our highways and communities across the commonwealth.

SOUTH

SOUTH

WESTERN

REGION

CENTRAL

REGION

SOUTH

EASTERN

REGION

DOCUMENTATION

The best protection against liability lawsuits is to not serve alcohol to visibly intoxicated persons or to minors. For additional protection, licensees and servers should keep a daily record of events in their businesses. Do not rely solely on your memory to help you. An excellent tool to accomplish this is the Incident Documentation Form. The Incident Documentation Form can provide a defense in the event a lawsuit is filed.

When completing the form, be sure to:

 Only include the facts and not your opinion;

 Write detailed statements which include the date, time, and any witnesses to the event;

 Be sure to list any reasonable efforts you made to prevent the situation.

Daily, consistent entries—even when there are no problems— demonstrate responsible business practices. A daily record provides other valuable business information, such as customer trends, requests or complaints, employee relations, and more. This can be a useful tool in improving the business.

Be sure to inquire where your establishment’s Incident Documentation Forms can be found, under what circumstances they should be completed and where they are to be filed.

KEY FACT: Incident records should be kept for at least two years following an incident because lawsuits can be filed up to two years after an event.

1. What kind of incidents **should be documented?

2. Who should complete the** **form and when?
3. What are some reasonable** efforts you can make?

WHAT IS ALCOHOL AND HOW IS IT ABSORBED?

Alcohol is:  A central nervous system (CNS) depressant  Absorbed into the bloodstream through the lining of the small intestine  Of no nutritional value but contains calories

1. What helps to slow down the absorption of alcohol?

Absorption Rate Factors

There are many factors which contribute to how quickly alcohol is absorbed, such as:

 Body Size

 Body Type

 Gender

 Amount Consumed/Time

 Concentration of Alcohol

 Food

 Carbonation

 Other Drugs

KEY FACT:

Absorption may continue up to 90 minutes after consumption has stopped.

Below are some examples of interactions that can cause serious side effects:

 Nonnarcotic pain relievers: Medications such as aspirin or ibuprofen can cause stomach bleeding and inhibit blood from clotting. Alcohol use exacerbates these effects.

 Antipsychotic medications: Alcohol use can cause potential 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 functions.

 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).

When assessing the intoxication level of a patron, the server does not need to know the specific effects of drugs, whether legal or illegal drugs. What is important to know is that it is illegal to serve someone who is visibly intoxicated regardless of whether the visible intoxication resulted from alcohol, drugs, or a combination.

1. 1+1=3 is an example of what kind of drug interaction?

Here are some examples of drugs that 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 individuals with diabetes

DRUG AND ALCOHOL INTERACTIONS Many people do not realize how dangerous it is to mix alcohol with drugs. Whether they are prescription, over-the-counter, or illegal, mixing any drugs can result in a deadly combination, regardless if a person is a heavy or light drinker. If someone takes a time released medication and consumes alcohol, it is important to note that the alcohol may dissolve the coating, releasing the full dose all at once instead of over time.

Drug interactions may be:

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.

Did You Know?

Alcohol also:

Irritates the linings of the stomach and intestine. This can lead to vomiting.

Increases blood flow to the stomach and intestines. This increases secretions by these organs, most notably stomach acid secretion.

Increases blood flow to the skin. This causes a person to sweat and look flushed. Sweating causes body heat to be lost, and the person’s body temperature may actually fall below normal.

Reduces blood flow to muscles and the brain. This can lead to muscle aches and headaches, most notably when a person recovers from the alcohol (the “hangover”).

1. What is a standard serving of alcohol?

Beer:

Wine:

Liquor:

“A drink is a drink is a drink”

DRINK EQUIVALENCY Drink equivalency is important for you to understand in order to serve alcohol responsibly. As a server, you want to count standard servings of alcohol, not drinks, because a drink can contain more than one standard serving of alcohol.

According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), “in the United States, a ‘standard’ drink is any drink that contains about 0.6-fluid ounces or 14-grams of ‘pure’ alcohol.” Standard drink equivalents are: 12-ounces of beer, 5-ounces of wine, and 1.5-ounces of 80 proof liquor, or 1-ounce of 100 proof.

KEY FACT: For purposes of bar spending/free drinks, Board Regulations provide that a standard-sized alcoholic beverage is twelve (12) fluid ounces of malt or brewed beverage, four (4) fluid ounces of wine (including fortified wine), or one and one-half (1½) fluid ounces of spirits. [40 Pa. Code § 13.201]

HOW ALCOHOL IS ELIMINATED

After the alcohol has been absorbed and passes through the body, it must be eliminated. The liver is responsible for the elimination— through metabolism—of 95% of ingested alcohol from the body. The remainder of the alcohol is eliminated through excretion of alcohol in breath and urine.

Healthy people metabolize alcohol at a fairly consistent rate. As a rule of thumb, a person will eliminate one average drink or .5-oz (15 ml) of alcohol per hour. Several factors influence this rate. The rate of elimination tends to be higher when the blood alcohol concentration in the body is very high or very low. Also chronic alcoholics may (depending on liver health) metabolize alcohol at a significantly higher rate than average. Finally, the body’s ability to metabolize alcohol quickly tends to diminish with age.

KEY FACT: There is nothing you can do to speed up the rate of metabolism. The more you drink, the longer it will take to eliminate the alcohol from one’s system.

**A 120 lb female + 3 beers

• 1 hour = BAC**

**A 160 lb male + 5 beers

• 2 hours = BAC**

1. At what BAC does it become illegal for minors **to drive in PA?

2. At what BAC does it** become illegal for CDL holders to drive in PA?

Commercial:

School vehicles:

MEASURING INTOXICATION The common measures of intoxication are blood alcohol content (BAC) and visible intoxication.

 BAC is determined by chemical analysis of the blood, breath, or urine. BAC is the legal standard police and courts use to determine levels of intoxication.

 Visible intoxication is the standard servers must use in determining intoxication. That is, something that can be observed.

EXPLANATION OF BAC  BAC, or Blood Alcohol Content, is the amount of alcohol in the bloodstream.  Consuming alcohol raises BAC.  Allowing time to pass lowers BAC.  Most alcohol consumed is metabolized by the liver.

TOLERANCE Tolerance is a person’s ability to hide the signs of impairment.

KEY FACTS: Tolerance does not mean that the guest is not intoxicated.

Chronic alcohol users can have twice the tolerance for alcohol as an average person.