Let’s start by answering the question at hand. What is a Dram Law? Why do Dram laws exist?
The answers are both easy and compelling. A Dram law is established to hold businesses or persons liable for overserving alcohol to minors and other intoxicated individuals if there is a death, injury or damage to property related to or caused by over consumption. This means that bartenders, venue owners and even parents and friends of family can be held criminally and civilly responsible for overserving minors or others following an alcohol-related incident or accident.
Dram Laws and Minors Under the Influence
Most everyone is aware of the minimum BAC level, or blood alcohol concentration, that can and will result in a DUI arrest. Typically, most states accept .08 percent as that minimum. However, most might not know that in the state of California if you are a minor, legally defined as being under the age of 21, you can be charged with a DUI if your BAC is .01 percent or higher.
That’s a remarkably low threshold and one that is only too easy to breach after a single drink. It’s clear that California means to crack a big whip when it comes to public intoxication and driving while under the influence, especially when it comes to minors and those who serve minors.
However, the buck doesn’t stop there. If a minor is injured as a result of an accident or any other alcohol-related incident, the police will investigate and seek out those responsible. Also, if another person or persons are injured in an accident instigated by a drunk minor, the victim and/or victim’s family will be allowed the opportunity to pursue civil action against those responsible for serving the minor to begin with.
This means bars, restaurants and even specific bartenders can face criminal and civil consequences. This also means that other adults, such as parents or other family members can be charged with a criminal offense if they, too, are responsible for underage drinking. In other words, serving a minor alcohol could have a massive ripple effect that goes well beyond the simple offense of serving someone who is underage.
The overall point here is that, according to California’s Dram Shop Laws, a minor cannot be held responsible for DUI-related injuries where alcohol is involved. Only third-parties can be legally and civilly liable. This is where the term “an ounce of prevention is worth a pound of cure” comes into play.
What Bartenders Should Know About California's Dram Shop Laws
It seems like a fun and lively job and most any bartender will tell you that it is a great way to be the life of the party and meet people. Bartending can also serve as a great source of income and the industry is not well known for discriminatory hiring practices. No matter one’s race, sex, sexual identity or age, if one is properly trained and certified, finding work as a bartender is often easier than securing work in other fields or industries.
This being said, being a bartender comes with a lot of responsibilities and some of them might not seem as obvious to those who are new to the business. Sure, there is the matter of keeping a clean bar and making sure inventory is where it needs to be. Opening and closing a venue or a bar means a quick check list of chores. That’s expected and even explained by managers and co-workers alike.
However, there are also those responsibilities that are not as obvious or part of a list or routine. They are, more or less, moral responsibilities that might not be challenged on a daily or even weekly basis. This typically involves protecting the welfare of a patron and one’s own business and reputation by not overserving alcohol or serving alcohol to minors or those who do not have a proper ID.
Properly trained and certified bartenders will know how to verify IDs of drinking customers and will also be able to easily recognize signs of intoxication or overserving. They will know when and how to limit alcohol consumption and promote safe transportation as needed. They will also know to document any refusal of service.
Employers and managers in the California service industry are looking for bartenders and servers who absolutely know and understand why these responsibilities are paramount. Protecting patronage from over imbibing not only saves lives but it also saves livelihoods.
Why the Dram Laws are in Place
It’s easy to see that we live in a “lawsuit-happy” culture where people are quick to take civil action for almost any wrong-doing. Oftentimes, the claims are a bit more aggressive than need be and so measures are being put into play that will protect and serve the best interests of all involved.
This is particularly true in the service industry. The Dram Laws are nothing new. They have been in existence, in one form or another, since the 18th century and, according to Investopedia, they “ultimately led to the prohibition of alcohol in the U.S. in the early 20th century.” It’s safe to say that no one is looking for a repeat of that.
The California Dram Laws are there to ensure the safety and well being of the individual patron and the community at large as well as the venue itself. After all, if a venue or server is deemed responsible for an alcohol-related accident or injury, especially if it involves a minor, then everyone who works for that venue is affected. In fact, the industry as a whole is indicted some way or another.
This is why bartenders need to be entirely prepared and one of the best ways to prepare for a career in the field is to make sure that you are properly trained and certified and up to date with what California law dictates and expects. Are you ready to show your managers, your patrons and your community that you care for and know how to protect their best interests?
Our training courses are designed with your budget and schedule in mind. You can be properly trained and certified within a matter of hours and at minimal cost to you. Once completed, your certification will be made immediately available to you so that it can be presented and displayed on your very next shift.
