5.2 Criminal and Administrative Consequences

Beyond civil liability (lawsuits), servers face criminal and administrative penalties for improper alcohol service.

Criminal Penalties

For serving minors:

For serving intoxicated persons who cause harm:

Administrative Penalties

For the establishment:

• License suspension (temporary closure)
• License revocation (permanent closure)
• Fines from liquor control board
• Required additional training
• Probation

For the server:

• Loss of server certification
• Prohibition from working in alcohol service
• Required retraining
• Personal fines

The "Reasonable Efforts" Defense

Training and certification can help establish that you made "reasonable efforts" to prevent harm:

How certification helps:

• Demonstrates you were trained in responsible service
• Shows the establishment invested in proper training
• May reduce liability in lawsuits
• May reduce fines and penalties

Important: Certification doesn't eliminate liability, but it shows you tried to do the right thing.

Documentation

Always document:

• Incidents where you refused service
• Customers you cut off
• ID checks you performed
• Customers who became intoxicated
• Any altercations or problems

Why documentation matters:

• Protects you if there's a lawsuit
• Shows pattern of responsible service
• Helps establishment defend itself
• May be required by liquor board

Staying Protected

Best practices:

1. Get and maintain certification
2. Follow all establishment policies
3. Never serve minors - when in doubt, check ID
4. Never serve visibly intoxicated persons
5. Document everything
6. Report concerns to management
7. Know your state's specific laws