The state of Texas has created two separate laws that some might suggest are in opposition of one another. However, the purpose of both the Dram Shop Act and the Safe Harbor Act is to make sure that the right party or parties are protected when it comes to over-serving alcohol to patrons or minors. While we’re not legal experts, we do encourage safe alcohol serving with education via a TABC certification and think that a server should understand legal responsibility by providing this server’s guide to Texas’ Dram Shop Act and Safe Harbor Act.
The Texas Dram Shop Act
Dram laws are nothing too new. In fact, these laws have been around since the 1800s. According to Investopedia, the word “dram” originated in the 1700s and was a unit of measurement for serving alcohol. Therefore, a dram shop was a place where drams of alcohol were served. Of course, this included bars, public rooms (or pubs), taverns and the like.
Even two hundred years ago, lawmakers realized that there were liability issues when it came to public drunkenness or overserving patrons. Dram shop laws emerged as a result and they continue today across the country. So, what does a Dram Shop Act do?
In Texas, as well as many other states, the Dram Shop Act is there to determine liability issues if an accident or incident occurs after a bar patron is overserved. An easy example would be the matter of a drunk driver who causes an accident or is arrested for driving under the influence. When it comes to criminal and civil liability issues, the question may emerge: Who is responsible?
Fingers would immediately point to the driver. After all, the driver would clearly know that he or she was intoxicated when he or she got into the car, turned the ignition and put the car into gear. However, it’s just as easy to suggest that the venue that overserved might also be culpable.
This is where the Dram Shop Act comes into play. Unlike other state Dram Shop Laws, Texas puts a strong focus on an actual percentage of the blame. If, for example, a jury finds that the server or venue was more than 50 percent to blame then that server or venue is faulted.
The purpose of a Dram Shop Act is to put a legal light on the party liable for overconsumption of alcohol. This often means that bars are being tasked with the responsibility of making sure their patrons are not being overserved while in their establishment. Technically speaking, that’s a big ask.
If a person is over the legal limit (.08 BAC in Texas) and that person causes an accident on the way home that results in loss of life or financial damage then the suggestion here is that the venue and the server are to blame. However, it’s only too easy for an adult to go over that limit. In other words, if a venue was truly able to keep up, most patrons would have to be cut off after two drinks in a single hour.
Though this seems a reasonable option as bars and eateries do enact their own cut off policies, it’s often not a very realistic one, especially if shots are served and so quickly consumed. It also might be suggested that bars should have breathalyzers on the premises. Some bars do but, again, it’s not common and not entirely realistic.
So, how can a bar protect itself from these liability issues? That’s where the Safe Harbor Act comes into play.
The Safe Harbor Act of Texas
The Safe Harbor Act provides a net of protection for servers and venues by creating conditions for which they can be shielded from potential liability issues. In essence, it literally and legally allows for a safe harbor if an overserving incident occurs. So, what exactly are these specified conditions?
In order to qualify for Safe Harbor a venue must enact rigorous training programs for those who sell or serve alcohol. This is not to be a one-time training program. The act specifies that training must be ongoing. This is what is meant by “rigorous.”
A properly trained server will then be able to recognize when a patron is being overserved. This is essential when it comes to protecting both that patron and the establishment. Certified servers will know how to better provide for both and that is and will always be the goal.
A venue can also use current technology to track alcohol sales and document any incidents between servers and patrons who might become unruly. Also, proper training means that servers will know what to look for when it comes to minors attempting to buy or consume alcohol on the premises.
Combine the training along with proper signage and surveillance and a venue will likely qualify for Safe Harbor. A server who is diligent, professional and knows the “what” and “why” of these particular laws is a server who will be more able to navigate the sometimes-tricky waters of overconsumption. After all, there’s a difference between a “good time” and a good time gone wrong and very often that difference comes down to that last drink served.
How to Make Safe Harbor Your Home
How does one go about becoming a properly trained and certified server in the state of Texas? Funny you should ask. It’s simply a matter of seeking out those training opportunities and acquiring those certificates as they apply.
Here at ACA, we offer a number of certifications that you can acquire in a single afternoon and all from the comfort of your own home or work location. These alcohol server training programs are TABC approved and the certificate of completion will be made available for download immediately after the training is finished.
Acquiring your TABC certificate either on your own or at the instruction of your employer shows that you are willing to take your job as a server seriously and that you are also choosing to work hard to protect your patronage as well as your venue and co-workers. Often servers aspire for management positions and becoming a great server is the first step towards becoming a great manager. ACA can help you get there.
