Train staff members about alcohol service to minimize risk

Pizzerias that don’t adhere to the legal nuances of serving alcohol can face serious consequences. The biggest risk to restaurants happens when a patron who imbibed onsite later gets into an accident and injures themselves, property or other people. In such cases, the establishment and server both can end up defending themselves against lawsuits and, potentially, paying hundreds of thousands (or more) in damages.

“You can get yourself into trouble pretty fast,” says Thomas Reinhard, an attorney and co-owner at Cascadia Pizza Co., a multistate operation based in Washington state. “It’s more common than you would think.” More than 40 states have Dram Shop Laws, which make it possible for injured parties to hold businesses liable for damage caused by customers to whom they served alcohol.

Reinhard cites cases where bars and restaurants were sued for millions because people killed in car accidents made hundreds of thousands of dollars per year, and their families sought to recover years of lost wages. Restaurants are encouraged to check with their brokers about purchasing insurance to cover such liabilities, but an even better practice is to head off problems by documenting that staff members are trained on best practices for serving alcohol.

Alcohol-service Training Certificates

About half of states and even more municipalities require servers to complete an accredited beverage-service program, such as the National Restaurant Association’s ServSave Alcohol course or Learn2Serve, an online class offered by 360training. Certificates of completion for these courses are good for two or three years.

Employees who serve alcohol at one of Cascadia Pizza Co.’s four corporate stores and franchise operations are required to complete such classes. “They’re really comprehensive these days,” Reinhard says of the programs, adding that the company offers two additional trainings per year for staff members to review best practices and legal requirements.

What Training Should Cover

While some alcohol-service practices are cut and dry – such as always checking IDs to ensure customers are at least 21 years old – others require more finesse, such as how to tactfully cut off patrons who have had too much to drink without causing a scene or making them angry.

The top lesson in such instances involves signs to look for if you suspect someone is intoxicated. Signs of intoxication fall into four main categories, according to ServSafe:

Relaxed inhibitions: Speaking loudly, making inappropriate comments and annoying other patrons.

Impaired judgment: Ordering and consuming multiple drinks quickly, losing train of thought and starting arguments.

Slowed reactions: Looking sleepy, glassy-eyed and having difficulty maintaining eye contact during conversation.

Impaired motor coordination: Stumbling, dropping cash or credit cards and spilling drinks.

Cutting Off ‘Overserved’ Patrons

If a server believes a customer has had too much to drink, it’s good practice to ask if they have a designated driver. Reinhard suggests servers handle such situations discreetly, so customers are not publicly embarrassed and dissuaded from returning on other occasions. “I really think subtlety and being polite and not making it into a whole big song and dance is the No. 1 thing,” he says.

Some bars and restaurants have cards behind the bar for servers to quietly offer individuals, letting them know they won’t be allowed to order more alcohol.  While patrons could have a variety of reactions to such cards, passing them across the bar with a glass of water avoids the embarrassment of others overhearing when a customer has been cut off. Some sample cards read: “You have been cut off. Please leave quietly, and no one will know. It has been a pleasure serving you, but it is time to leave for the night.”

Restaurant managers should have a protocol for how to handle patrons who get loud and aggressive when they are cut off. Remaining calm is important. Calling security is an option, and involving police is a sometimes necessary last resort.

Video Monitoring

In the event a restaurant is sued for damages when a customer destroys property or is in an auto accident, video evidence can help alleviate liability. Reinhard says he knows of one establishment that was able to pull video taken on premise and use timestamps to prove the guilty party went to another watering hole – where they drank more alcohol – before getting into a car accident.

If video proves patrons were served a reasonable number of drinks during the time they were at the restaurant, that evidence can help clear the business of responsibility. Being able to show that staff members working during that time hold alcohol-safety certifications is another valuable to defense.

“Having as much detail as possible to be able to mitigate or defend against that claim is huge,” Reinhard says. “Cameras that showed, ‘This is exactly how much they were served,’ is so much more cut and dry versus going back to the customer’s receipt and saying, ‘This was their credit card.’ That makes it really clear exactly how much they were served while they were in your establishment.”

Unfortunately, defending against such legal actions is going to cost a lot in legal fees – even if a business ultimately is found not responsible. Insurance might cover the fees, provided the restaurant has such coverage, but then rates are likely to go up.

Identification and Serving Underage Customers

All  U.S. states and the District of Columbia now issue vertical IDs for people under age 21, but state regulations vary about whether to accept such IDs for patrons who are newly of age. At minimum, it is good practice to have a policy around accepting vertical IDs and stick to it. To make things easy, some establishments refuse to accept vertical IDs for alcohol service, since 21-year-olds can pass their IDs to younger siblings and friends, resulting in legal headaches.

Identifying fake IDs is another learned skill. “Some of the fake ones look really real these days,” Reinhard says. “Just like you would check a $100 bill, there are things to look for. And if it looks good, then it’s probably good.”

Rules for Staff

At restaurants that serve alcohol, it can be tempting to allow staff members to have a drink while closing up at night, but such allowances can quickly get out of hand. One thirsty staff member, for example might help themselves to several drinks and not pay for any of them, which depletes inventory. It also can create tension between staff members when a tipsy worker is not pulling their weight, leaving the rest of the team to help with their duties.

Having a zero-tolerance policy for onsite consumption typically is the best policy and, in many states, is required by law. Additionally, the employee handbook should spell out that drinking before work or during breaks is off-limits. Having a strong management team and one responsible manager onsite can help ensure staffers adhere to the rules.

KATE LAVIN is Senior Editor for Pizza Today.

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