The state of Utah takes public sales and consumption of alcohol very seriously. In fact, it is widely known that Utah has some of the strictest alcohol liability laws in the United States. These liability laws, known as dram shop laws, hold restaurants, bars and even individual servers legally responsible if a patron is overserved and injuries result.
Understanding the implications of these laws is essential when it comes to protecting yourself, your establishment and coworkers as well as the public in general. Let’s take a closer look at Utah’s Dram Shop Laws and why a server should care.
A Quick Overview of Utah’s Dram Shop Laws
State and law enforcement officers know it as Utah Code 32B-15-201. This code outlines dram shop liability. Specifically, it holds a person or venue legally responsible if a patron who is already “visibly intoxicated” is served alcohol. Additionally, this law also dictates punishments for serving alcohol to a minor.
If, after being overserved, an individual causes harm to themselves or others, law enforcement is authorized to investigate and charge a venue and even an individual. Once liability is established, the establishment or individual can then be sued for damages. Depending on the nature of the incident, criminal charges could also be applied.
For the most part, dram shop laws are nothing new to the country. Forty nine of our 50 states have a dram shop law of some kind on the books. Maryland is the only holdout. The general point here is that if you are a server of alcohol then the general expectation from state to state is that you must respect all applicable laws or face the consequences. Utah’s Dram Shop Laws just happen to be more stringent than most.
Why are Utah’s Laws So Strict?
Utah’s conservative stance on the public sale and consumption of alcohol is largely based on the existing Mormon culture. This statewide effort is in place to reduce alcohol-related accidents and injuries, particularly when it comes to drunk driving offenses. While some Utah residents and servers might find the laws a bit draconian, the supporters of this dram shop law point out its many successes.
According to Deseret.com, Utah has the lowest alcohol use for those aged 12 and older than any other state in the country. Utah also recently lowered the legal limit for drinking and driving to .05%. This has a direct impact on Utah’s Dram Shop Laws as those arrested for driving under a lighter influence can still cause accidents that may come back to haunt Utah servers and venues.
How Does This Affect a Server?
There are a number of potential consequences that could occur if a server or venue is charged with negligence under Utah’s Dram Shop Laws. To start with, servers could be individually named in lawsuits. Depending on the nature of the incident, this could involve large settlements or civil liability issues that would likely have a very negative impact on one’s financial future, career and reputation.
Let’s consider an example of a worst-case scenario incident. Imagine if a patron was overserved and then was responsible for a drunk driving fatality on the way home. What if that driver crossed a yellow line and struck a family.? If a parent or child was killed, a server would very likely be held responsible.
This means the individual, probably more so than the establishment, would suffer life-altering fines while also carrying a reputational stain that would follow him or her for the rest of his or her life. It’s a remarkably steep price to pay for simply failing to say “no” to a patron who may have already had a little too much.
Servers can also face criminal charges. In the above example, this could lead to additional fines and possible jail/prison time.
Then there’s the matter of a server’s future in the business. If one is a well-established server with a golden reputation of years-long dedication to an employer, that will likely be wiped away. It will also prove difficult when it comes to finding future employment in the hospitality industry and, possibly, other like-minded industries.
How to Avoid Liability When It Comes to Utah’s Dram Shop Laws
When it comes to keeping a career in line and patrons safe and happy, a server should always be acutely aware of signs of intoxication. One must learn how to recognize when a guest has had too much to drink. Slurred speech, impaired walking or aggressive behavior are just a few common indicators that one should always look out for.
As mentioned, underage patrons also fall under Utah’s Dram Shop Law. Therefore, a server should ID those seeking to purchase or imbibe. Also, servers should always document any incident that involves a problematic guest. This will help to clarify potential issues later if needed.
When it comes to refusing alcohol to intoxicated patrons, one should always take the high road. Servers might recommend alternatives such as an appetizer or cola to help maintain a sense of calm and balance. An informed server might also quietly alert management, security staff or other coworkers if it seems as though a situation might come to a boil. Stay aware and work from a preventative posture. It would also be wise to put additional eyes on a situation that has the potential to become disruptive.
If you are seeking a permit to serve alcohol in the state of Utah or if you’re looking to renew your alcohol server’s permit then let American Course Academy lead the way. When it comes to taking that next step in your chosen career, ACA brings you both affordability and convenience. Our comprehensive training materials are state-approved and you can complete your training in as little as one day from wherever you may be. Get started on your Utah alcohol server training or E.A.S.Y. sales training today.
