N C A L E BARS training program

N C A L E BARS training program Be A Responsible Seller/Server NORTH CAROLINA ALCOHOL LAW ENFORCEMENT

YOUR GOALS FOR TODAY What do you hope to learn today in bars training? N C A L E

GOALS OF BARS By the end of this training today, you will be able to: Ø Tell the penalties for selling tobacco products to underage persons and other North Carolina Tobacco Laws Ø Tell the penalties for selling alcoholic beverages to underage or intoxicated (drunk) people Ø Recognize fake or fraudulent identifications Ø Decide when to ask for an ID Ø Check an ID accurately before you sell alcoholic beverages Ø Recognize when a person has had too much to drink (signs of intoxication) Ø Refuse a sale Ø Decide what to do in problem situations N C A L E

TOBACCO PENALTIES A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required is a Class 2 misdemeanor if the prospective purchaser is under 18 years of age. NCGS 14 -313 Retail distributors of tobacco products or cigarette wrapping papers shall train their sales employees in the requirements of the law. If you are convicted of selling tobacco products to someone under 18: Ø You will be issued a citation with a mandatory court appearance. Ø You will have a criminal record. (Misdemeanor) N C A L E

TOBACCO PENALTIES Retail distributors of tobacco products shall prominently display near the point of sale a sign in letters at least fiveeighths of an inch high which states the following: N. C. LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO-DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS BY PERSONS UNDER THE AGE OF 18. PROOF OF AGE REQUIRED. Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars ($25. 00) for the first offense and seventy-five dollars ($75. 00) for each succeeding offense. N C A L E

PENALTIES Ø If you are convicted of selling alcoholic beverages to someone under 21: Ø You will have a criminal record. (It’s a misdemeanor. ) Ø You can not work in any place that sells alcohol for 2 years. (without waiver) Ø If you sell to an underage or intoxicated person and injury or death results, Ø You can be sued for up to $500, 000! N C A L E

RESTRICTIONS ON EMPLOYMENT Employment of Unsuitable Persons: Unsuitable persons are defined in ABC rules as… Convicted of a felony (within three years) Convicted of an alcoholic beverage or controlled substance offense (within the preceding two years). Had any permit for the sale or possession of alcoholic beverages revoked (within the preceding two years). G. S. 18 B-1003 c These persons cannot participate in the sale or distribution of any alcoholic beverages. N C A L E

Responsibilities of the Employees / Managers N C No A L E After or while consuming alcoholic beverages, the permittee or employee is out of uniform when uniforms are required to be worn while performing any on duty services; and: The permittee or employee shall not perform any on duty services of any nature while or after consuming alcoholic beverages. permittee or his agents or employees shall be or become intoxicated on the licensed premises. 4 NCAC 2 S. 212

YOUR RIGHTS Ø You can refuse a sale to a Intoxicated Person. It is illegal to sell or give alcoholic beverages to anyone that is intoxicated Ø You can refuse to sell alcoholic beverages to anyone as long as the refusal is not based on race, religion, color, national origin, sex, or disability N C A L E

YOUR RIGHTS (CONTINUED) Ø You can not be held liable for damages by refusing to sell to someone that does not show a proper ID or looks underage. Ø You have the right to hold a ID for a reasonable length of time to decide if the customer is of legal age to purchase alcoholic beverages as long as the customer is informed and told why it is being held. N C A L E

WHEN SHOULD YOU ASK FOR AN ID Rule of thumb: Ask for ID if the person looks under 40 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? He is 21 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? She is 17 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? She is 32 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? She is 19 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? She is 16 N C A L E

ACTIVITY: DETERMINING AGE How old is this person? She is 14 N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Ø Driver’s § If you’re not sure, check book of licenses (book provided by wholesalers to retailers) § § license from any state N C NC licenses have three colors around the photo Ø Ø Ø Go: Green means over 21 Caution: Yellow means under 21 “WHEN ISSUED” Stop: Red means under 18 “WHEN ISSUED” Ø North Carolina Special Identification Card Ø Passport Ø Military Identification Card A L E

Acceptable forms of ID’s must have the following features Photograph Expiration date Signature The most common form of ID is a Drivers License. Ask the person to remove the ID from their wallet. Check the Date of Birth, are they 21? N C A L E

Feel the Card for… § Irregular Lamination § Smoothness § Thickness § Altered date or name § Look closely at D. L. Does the print of the D. O. B. look normal? § Look closely at the card… § Physical description: height, weight, hair color, etc… § Photo § Check for altered date § Expiration Date? N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Is this an acceptable form of identification? Picture and name blurred for security reasons YES N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Is this an acceptable form of identification? NO N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Is this an acceptable form of identification? YES N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Is this an acceptable form of identification? NO Has to be a passport for out of country N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Correct NC ID N C A L E

ACTIVITY: IDENTIFYING ACCEPTABLE ID’S Correct NC Holograms N C A L E

PAUSE: STEPS IN CHECKING ID’S Ø Photo: Age: Ø Under Age: Ø Ø Ø Seal: Ø Ø Examine: Ø Look at the photo to see if it matches the person Compute the age Is the person under age? Check the seal or hologram Examine the ID for irregularities N C A L E

ACTIVITY: CHECKING ID’S Would you sell to the person with this ID? NO Does not say drivers license and the holograms are globes N C A L E

ACTIVITY: CHECKING ID’S Would you sell to the person with this ID? NO Over all bad quality. Many misspellings/bad information N C A L E

ACTIVITY: CHECKING ID’S Would you sell to the person with this ID? NO Overall poor quality and the border has been removed N C A L E

Three types of Fake Identifications Altered: An authentic ID that has been changed to show incorrect information about the person possessing it including but not limited: Date of Birth has been changed; Name and Address have been changed. Manufactured: An ID that was unlawfully manufactured which may include fictitious and/or real information about the person. Borrowed/Stolen: An authentic ID issued to another person. May have been stolen or given to them by another person. N C A L E

UNDERAGE USING FAKE IDENTIFCATIONS It is unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed by using or attempting to use any fictitious identification. It is unlawful for any person to attempt to obtain or obtain permission to purchase alcoholic beverage by using or attempting to use any fictitious identification. Upon the receipt of a conviction report, DMV shall revoke the person’s license for 1 year. G. S. 18 B-302(e) N C A L E

Allowing Use of Identification: It shall be unlawful for any person to permit anyone else to use his driver’s license or ID of any kind in order to purchase alcoholic beverages. (Aid & Abet) The court shall file a conviction report with the DMV indicating the name of the person convicted any other information requested if the person is convicted of: 1. Attempting to purchase underage 2. Aiding and abetting an underage person 3. Using a fake ID 4. Allowing use of identification Upon the receipt of a conviction report, DMV shall revoke the person’s license for 1 year. 18 B-302 e N C A L E

HOW DO YOU RECOGNIZE THE SIGNS OF AN INTOXICATED PERSON? ? ? ? N C A L E

It is not always this easy…. N C A L E

SIGNS OF INTOXICATION Ø Swaying or staggering Ø Stumbling or bumping into things Ø Leaning on objects for support Ø Glassy eyes Ø Slurred speech Ø Annoying other customers Ø Difficulty handling money Ø Overlooking ID in wallet N C A L E

N. C. G. S. 18 B-305 a Sale to Intoxicated Person: It is unlawful for a permittee or his employee to knowingly sell or give alcoholic beverages to any person who is intoxicated. Rule 2 S. 0206 Intoxicated Persons: No permittee or his employee shall allow an intoxicated person to consume alcoholic beverages on his licensed premises. N C A L E

----Explanation--If a patron of your establishment is showing the signs we previously spoke about, or other additional signs of intoxication when walking, speaking or generally moving within your establishment, and a reasonable person would believe that person to be intoxicated, the employee is at risk if a sale occurs. You as the employee will have the burden to evaluate the person for various levels of consumption / intoxication. KNOWING a person has shown these signs could be a violation of North Carolina CRIMINAL LAW if you continue to sell or provide alcoholic beverages to that patron. N C A L E

----Clarification---If you as an employee do not have a sufficient amount of time or interaction with the patron to develop an opinion of the level of consumption / intoxication of the person, there are several things you can do. Engage the patron in conversation Ask other employees you work with about their consumption Try to observe the person while serving other customers Occasionally a sale will occur to a person with a limited amount of interaction from the employee. The employee will not know level of intoxication of the patron, and will sometimes recognize signs after the sale has occurred. This is the time to TAKE ACTION. N C A L E

In these instances, the employee should have policy in place to take reasonable steps to prohibit the patron from consuming. Those IMMEDIATE steps could be— Returning the money for the beverage and taking the beverage from the patron. Contacting a manager to stop the consumption. Contacting a bouncer or floor staff to assist. Contact law enforcement if you feel it will be a safety issue. Your actions when an intoxicated person is continuing to consume will dictate if you are in violation of ALLOWING an intoxicate person to consume. Be assured that NO ACTION IS A VIOLATION. N C A L E

Discretion for Seller- Any person authorized to sell alcoholic beverages may use his discretion in refusing to sell to anyone. Notwithstanding permittee’s discretion to sell, a permittee or employee may not refuse to sell alcoholic beverages to a person solely based on that person’s race, religion, color, national origin, sex or disability. N C A L E

HAPPY HOURS §An on-premise permittee or his agent shall not: § § Sell more than one drink to a patron for a single price. Establish a single price based on the required purchase of more than one drink. Deliver more than one drink at one time to a patron for his consumption. Give away a drink or sell one at a price that is different from the usual or established price charged for the drink for any period of time less than one full business day. Rule 2 S. 0232 N C A L E

SITUATION #1 You are a cashier at a grocery store. A patron is trying to buy wine and you suspect the ID she has given you is altered. What do you say and do? N C A L E

SITUATION #2 You are serving in a restaurant and a table orders a pitcher of beer. You ask to see their ID’s and some members of the group are underage. What do you say and do? N C A L E

SITUATION #3 You are a cashier at a convenience store. A person walks in showing several of the signs of intoxication. He brings beer to the counter. What do you say and do? N C A L E

SITUATION #4 You are bartending and notice that a patron has had several drinks in a relatively short period of time-less than 2 hours. She orders another drink. What do you say and do? N C A L E

EXTRA OFF-PREMISE #1 A group of people come up to the counter with several six-packs of beer. One pulls out an ID and is 22. The others look young-probably under 25. What do you say and do? N C A L E

EXTRA OFF-PREMISE #2 A person comes to the counter and asks for a pack of cigarettes. The patron presents a university photo ID. What do you say and do? N C A L E

EXTRA ON-PREMISE #1 A person comes to the bar and orders two drinks--one for himself and one for his partner. He is 21 and his partner looks like she is under 30. What do you say and do? N C A L E

EXTRA ON-PREMISE #2 A girl comes to the bar to order a mixed drink and gives you her older sisters ID. What do you say and do? N C A L E

HOW TO REFUSE A SALE If alcoholic beverages are on the counter, take them off. Ø State in a calm and business-like way that you cannot sell them alcoholic beverages. Ø If challenged, tell them § ALE monitors your store or Ø restaurant. § You could lose your job or go to jail if you sell to them. N C A L E

PROBLEM SITUATION #1 You are serving in a restaurant and have just served wine to a person over 21. While at the next table, you notice the person is sharing the wine with a young person who appears to be under 25. What do you do? N C A L E

PROBLEM SITUATION #2 You notice someone talking to a group of teenagers outside the store. In a minute, the person enters the store and gets two 6 -packs of beer. You suspect the person is buying beer for the teenagers, but you don’t know for sure. What do you do? N C A L E

PROBLEM SITUATION #3 You are a cashier at a convenience store and have refused to sell beer to a patron who did not have an acceptable form of ID. He gets angry and begins to threaten you. What do you do? What is your last resort option? N C A L E

DEALING WITH PROBLEM SITUATIONS Ø Make sure you know the store policies, but always remember that YOU are responsible if you sell tobacco products or cigarette wrapping papers to someone under the age of 18. Ø Make sure you know the store or restaurant policies, but always remember that YOU are responsible if you sell alcoholic beverages. Ø State in a calm and business-like way what the problem is and repeat what you are going to do (or not do). Ø Do not argue with anyone. If possible, step away from the counter, table or bar. Ø Call your manager to handle the customer. Ø Call the police if the situation becomes heated or if you feel threatened. N C A L E

KEY POINTS TO REMEMBER Ø You can refuse to sell tobacco products or cigarette wrapping papers to anyone if you have reasonable grounds to believe the purchaser is under the age of 18. Ø Retail distributors of tobacco products or cigarette wrapping papers shall train their sales employees in the requirements of N. C. G. S 14 -313. Ø You can refuse to sell alcoholic beverages to anyone. Ø Do not sell to anyone who is under 21 or intoxicated. Ø Ask for ID from anyone who looks under 40. Ø Use the PAUSE steps and the calendar to help you check an ID. N C A L E

KEY POINTS TO REMEMBER Ø Find out the policies in your store or restaurant concerning alcoholic beverage sales and problem situations. Ø Do not allow intoxicated persons to consume at your location. Ø Understand patrons WILL use fake ID’s and look for the signs. Ø Contact law enforcement for any safety concerns with patrons. Ø Ask your ALE Special Agent any questions you have and STAY IN CONTACT WITH THEM. N C A L E

CONTACT INFORMATION North Carolina Alcoholic Beverage Commission (919) 779 -0700 www. ncabc. gov ALE District Offices can be found at www. ncdps. gov or by calling (919) 733 -4060 ALE Tobacco Enforcement Program Information Can be found at www. ncdps. gov/ale > Programs > Tobacco ----ENTER YOUR CONTACT INFORMATION HERE----- N C A L E