This article was originally published in The Pennsylvania Observer / Pennsylvania Beverage Media in August 2024. A pdf version can be found here.
Q: I have a restaurant with a liquor license, and my establishment received a citation for sales to a visibly intoxicated patron. The patron supposedly had bloodshot and glassy eyes, slurred speech, and apparently had fallen asleep at the bar. The State Police Bureau of Liquor Control Enforcement (BLCE) officers alleged that when the patron woke up, the bartender served him another beer.
I questioned my three bartenders and they denied that anyone that evening seemed to be visibly intoxicated. Is it possible that I could be held guilty of sales to a visibly intoxicated patron? Shouldn’t the patron have been arrested and a blood test taken?
A: Service to a visibly intoxicated patron is unlawful under the Liquor Code, and it is a very serious violation. Licensees will be held accountable for violating the Liquor Code where it is proven that the patron had the classic physical symptoms of visible intoxication and then that patron was served alcoholic beverages. These symptoms or characteristics are usually, but not limited to, alcohol on the breath, slurred speech, bloodshot eyes, unsteady walk, loud and rowdy behavior, and even the number of drinks consumed.
The key element of the state’s case must be that the patron demonstrated all or some of the physical symptoms, and that the bartender was in a position to observe them, and despite observing the patron’s visible state of intoxication, the bartender served the patron an alcoholic beverage.
Incredibly, the State Police BLCE are under no obligation to arrest the patron and conduct a blood test for alcohol content. The State Police can simply testify to the physical condition of the patron before he was served in order to establish their case. Although there is a good argument to be made for the State Police, at the very minimum, to detain the intoxicated patron for the safety of the patron and the general public, especially if the patron is driving an automobile, the State Police do not have even that obligation.
This is one type of violation that could have serious consequences both legally and morally. The violation is one that requires the imposition of an enhanced penalty by the Office of Administrative Law Judge. Licensees, under the Liquor Code, who are found guilty of sales to intoxicated patrons are subject to a minimum fine of $1,000 for the first offense. Sales to minors is another violation requiring an enhanced penalty. If a licensee is guilty of three violations imposing enhanced penalties within four years, the Liquor Code requires that the license be suspended or revoked.
Furthermore, there is the enormous potential to be sued in court should the patron become involved in an automobile accident and injure himself or a third party. If you have not done so by now, your licensed establishment should become certified pursuant to the PLCB’s Responsible Alcohol Management Program (RAMP) since sales to visibly intoxicated patrons is one of the subjects that is given extensive review in the program. Also, check with your insurance agent as to your liquor liability insurance coverage.
You should consult with a lawyer regarding the defense of this case, since it is conceivable that there may be evidence discovered that your bartender may not have been able to fully observe the patron when he was displaying the signs of intoxication.
