Laws & LiabilityQuestion 17 of 80
A guest is drinking heavily and mentions they are driving home. The server keeps serving. The Dram Shop Act is most concerned with which factor at the time of service?
a.Whether the guest was already obviously intoxicated when served
b.Whether the guest ordered an expensive drink
c.Whether the guest paid a cover charge
d.Whether the bar was crowded
Explanation
Dram Shop liability hinges on whether the person was obviously intoxicated and a clear danger at the moment they were served. The guest's plan to drive raises the stakes but the legal test is the obvious intoxication at service. That is why servers must watch for and act on signs of intoxication.
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Related questions on this topic
- The TABC has the authority to do which of the following to a business that repeatedly violates the Code?
- A patron asks to buy one more beer at 12:15 a.m. on a Tuesday at a bar that has standard hours and no late-hours permit. What should the seller-server do?
- Which statement about the seller-server's legal duty is MOST accurate?
- TABC certification benefits a seller-server by:
- If a business does NOT require its employees to be trained and certified, how does that affect the safe-harbor defense after an over-service lawsuit?
- A seller-server notices a coworker regularly serving obviously drunk patrons. What is the best course of action?
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