This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in March 2024. A pdf version can be found here.
Licensees should maintain a written employee handbook as a valuable tool when it comes to the highly regulated beverage industry, even if a licensee has only a few employees. The reason for the handbook is simple: the licensee’s self-protection. Employees have the house rules in a written form, and therefore cannot claim ignorance when it comes to disciplinary actions for a violation.
The handbook should be drafted for the applicable class of license held by the licensee: retail, wholesale, or manufacturing. And also for the licenses involved in those classes: restaurant, liquor, hotel, club, distributorship, limited distillery, limited winery, brewery, and so on.
A handbook is important for guidance and what a licensee expects from the employees in terms of work performance (such as cleaning duties), as well as the rules and laws that must be followed. This is especially true when it comes to the law. For example, in preventing sales to minors, the handbook can include the legal proof of age documents required from the patron upon being challenged by an employee. If the licensee maintains a transactional swipe machine, its use can be mandated in the handbook, too.
There are a number of basic legal rules that should be included. Licensees should have clear house rules as to the hours of operation. These include: the time for the last call for drinks; the time when sales of all drinks must cease; and the time when those drinks are rung up in the register to avoid any problems with the possibility of sales after hours. The handbook should also set the rules around when the patrons must vacate the licensed premises, which is no later than a half hour from the legal time that service of alcoholic beverages must cease.
The handbook should cover the prohibition of sales to visibly intoxicated patrons and review the signs of intoxication. Also, in what circumstances should employees call the local police in the event patrons become unruly. The handbook should mandate that all employees are to be RAMP certified and maintain that certification.
This list of topics is not exhaustive by any means. Note that the PLCB’s RAMP program is a wealth of information on preventing sales to minors and visibly intoxicated patrons and has an excellent incident reporting form.
The handbook does not have to be formal. It may only be a few pages, printed, handwritten, or in an email. But go over the handbook rules with the employee when hired, have them sign a copy to keep on file, and email a copy to them. Periodically review the house rules with the employees and note when that
meeting occurred.
The handbook will carry significant legal weight in legal proceedings whether civil or criminal, and in PA State Police citation hearings. The handbook is especially helpful in hearings on the PLCBs objections to the renewal of a license where the licensee took preventive or corrective measures.
Consult your attorney about the use of the handbook and what it should contain.
