TAM Card - Techniques of Alcohol Management Card Minors and Alcohol Questions and Answers 1 — Questions and Answers
Question 1: A group of four guests who appear to be in their early twenties are seated in your section. One person from the group orders a pitcher of beer for the entire table. What is your legal obligation in this situation?
- Serve the pitcher as long as the person who placed the order provides a valid ID.
- Request to see a valid, acceptable ID from every person at the table who will be consuming the beer. (Correct answer)
- Only check the ID of the person who is paying the bill for the group.
- Ask the group verbally if everyone is over 21 before serving them.
Correct answer: Request to see a valid, acceptable ID from every person at the table who will be consuming the beer.
Nevada law requires a server to verify the age of any individual who will be consuming alcohol. It is not sufficient to only check the ID of the person ordering or paying; you must ensure every person partaking in the alcoholic beverage is of legal age.
Question 2: Under Nevada law, what is the criminal penalty for a first-time offense of selling or furnishing alcohol to a person under 21 years of age?
- A civil infraction with a maximum fine of $250.
- A verbal warning and mandatory re-training within 30 days.
- A misdemeanor, potentially punishable by a fine of up to $1,000 and/or up to 6 months in jail. (Correct answer)
- A gross misdemeanor with a mandatory 1-year suspension of the server's alcohol awareness card.
Correct answer: A misdemeanor, potentially punishable by a fine of up to $1,000 and/or up to 6 months in jail.
According to Nevada Revised Statute (NRS) 202.055, selling, giving, or otherwise furnishing an alcoholic beverage to any person under 21 years of age is a misdemeanor. The standard penalty for a misdemeanor in Nevada can include a fine of up to $1,000, up to 6 months in jail, or both.
Question 3: A parent is dining with their 19-year-old son and orders a bottle of wine. The parent asks you to pour a glass for their son, stating it's permissible with parental consent. According to Nevada law, how must you respond?
- Serve the son, as parental permission provides a legal exception in licensed establishments.
- Serve the son, but only if the parent pours the wine from the bottle themselves.
- Politely refuse to serve the son, explaining that state law prohibits you from furnishing alcohol to anyone under 21, regardless of parental consent. (Correct answer)
- Ask to see the parent's ID to confirm they are the legal guardian before serving the son.
Correct answer: Politely refuse to serve the son, explaining that state law prohibits you from furnishing alcohol to anyone under 21, regardless of parental consent.
Nevada law prohibits a licensee or their employee from selling or furnishing alcohol to a minor. There is no exception in the law that allows a server in a licensed establishment to provide a minor with alcohol, even if a parent gives permission. The legal responsibility is on the server not to furnish the alcohol.
Question 4: Which of the following is the most effective legal defense for a server charged with selling alcohol to a minor?
- Proving that they demanded, were shown, and reasonably relied upon a genuine-looking ID that indicated the patron was 21 or over. (Correct answer)
- Stating that the minor was a regular customer who had previously shown valid ID.
- Explaining that the establishment was extremely busy, and the server was overwhelmed.
- Claiming the minor appeared to be well over the age of 21 based on their physical appearance.
Correct answer: Proving that they demanded, were shown, and reasonably relied upon a genuine-looking ID that indicated the patron was 21 or over.
The only strong affirmative defense against a charge of selling to a minor is to prove that the server performed their due diligence by demanding and carefully examining an identification document that a reasonable person would have believed to be valid and which indicated the person was of legal age. Simply relying on appearance or past events is not a sufficient legal defense.
Question 5: You are checking an ID that you identify as a fake. According to standard TAM® training, what is the most appropriate course of action?
- Confiscate the ID and tell the person you are calling the police.
- Serve the person but use the lowest proof alcohol available.
- Refuse service, return the ID to the individual, and ask them to leave the premises. (Correct answer)
- Take the ID to your manager and ask them to make the final decision.
Correct answer: Refuse service, return the ID to the individual, and ask them to leave the premises.
The primary responsibility of a server is to prevent the illegal sale of alcohol. While you must refuse the sale, you are not legally required to confiscate the fraudulent ID. The safest and recommended procedure to avoid confrontation is to politely refuse service, return the ID, and ask the person to leave.
Question 6: Which of the following statements is generally TRUE regarding a minor's presence in a Nevada establishment that serves alcohol?
- Minors are permitted to sit at the bar as long as they are accompanied by a parent or legal guardian.
- Minors are never allowed on the premises of any establishment that holds a license to sell alcohol.
- Establishments with non-restricted gaming licenses are prohibited from allowing anyone under 21 on the premises.
- Minors are often permitted in the restaurant or dining area but are prohibited from loitering in the bar or lounge area. (Correct answer)
Correct answer: Minors are often permitted in the restaurant or dining area but are prohibited from loitering in the bar or lounge area.
Nevada law (NRS 202.030) makes it illegal for minors to loiter in saloons or bars where alcohol is sold. However, this prohibition generally does not apply to bona fide restaurant or dining areas within an establishment, allowing for a distinction between the bar area and the food service area.
TAM Card - Techniques of Alcohol Management Card Minors and Alcohol Questions and Answers 1
A group of four guests who appear to be in their early twenties are seated in your section.
One person from the group orders a pitcher of beer for the entire table.
What is your legal obligation in this situation?