PA Alcohol Laws & Liability Flashcards

Under Pennsylvania's Dram Shop Law, a licensed establishment can be held liable for damages caused by a patron if they served alcohol to the patron under what condition?

Answer: The patron was visibly intoxicated.

Pennsylvania's Dram Shop Law holds a licensed establishment liable if they serve alcohol to a person who is 'visibly intoxicated,' and that person subsequently causes harm to themselves or others. The key element is the observable signs of intoxication at the time of service.

A customer presents a valid-looking student ID from a local university as proof of age to purchase alcohol. According to the Pennsylvania Liquor Code, which of the following best describes the acceptability of this ID?

Answer: It is not an acceptable form of identification for purchasing alcohol.

The Pennsylvania Liquor Code specifies which forms of ID are legally acceptable. These include a valid photo driver's license from any state, a valid U.S. Armed Forces ID, or a valid passport/travel visa. A university student ID is not on this list of approved identification.

A server at a RAMP-certified bar in Philadelphia notices a group of patrons becoming progressively louder and stumbling. One member of the group, who is slurring his speech, approaches the bar to order another round of drinks for everyone. What is the most appropriate and legally required action for the server to take?

Answer: Refuse service of alcohol to the visibly intoxicated patron and the entire group.

Pennsylvania law requires servers to refuse service to anyone who is visibly intoxicated. Serving a patron who is slurring their speech and stumbling would be a direct violation of this law. The safest and most legally sound action is to politely refuse further service to the intoxicated individual and, in this scenario, the group they are with.

Which of the following is a mandatory component for an establishment to achieve RAMP certification in Pennsylvania?

Answer: At least 50% of the alcohol service staff must complete Server/Seller Training.

RAMP certification has five key components. One of these is Server/Seller Training, which requires that at least 50% of the licensee's alcohol service staff (anyone who serves/sells alcohol or checks IDs) completes the training and passes the exam. This percentage must be maintained at all times.

A licensed restaurant in Pennsylvania with a Sunday Sales Permit generally must stop serving alcohol at what time on a Saturday night/Sunday morning?

Answer: 2:00 a.m. on Sunday.

For most retail licensees, including restaurants and bars, the legal time to stop serving alcohol is 2:00 a.m. Patrons must then vacate the premises by 2:30 a.m. This applies from Monday through Saturday, and also on Sundays if the establishment holds a Sunday Sales Permit.

An individual can sue a bar under Dram Shop liability in Pennsylvania. Who else, besides a third party injured by the intoxicated patron, could potentially file a claim against the establishment?

Answer: The intoxicated patron themselves if they are injured, but only if they are under 21.

Generally, an adult who voluntarily becomes intoxicated cannot sue the establishment that served them for their own injuries. However, an exception exists for minors. If an establishment serves a minor (under 21) who then becomes intoxicated and injures themselves, the minor may have grounds for a claim against the establishment.