Alcohol and Serving

Alcoholic Beverages

term which includes beer, wine, and liquor

BAC

blood alcohol content; measurement of the concentration of alcohol in the blood

Beer

fermented malt beverage containing 0.5% or more of alcohol by volume

DMV

Department of Motor Vehicles which, in most states, issues both driver’s licenses and state ID cards

Intoxicating Liquor (Liquor)

all alcoholic beverages, other than beer, containing 0.5% or more alcohol by volume, and all wines

Legal Drinking age

21 years

Minor

A person who is under 18 years of age. It is commonly held that a person who reaches the age of 18 is considered an adult and may therefore vote and serve in the military, etc. Some states may use the term minor to mean a person who is under 21 years of age. This course will only use the term minor for a person under the age of 18, while a person under the age of 21 will be referred to as an underage person.

Tolerance

condition resulting from regular, habitual drinking where a person’s body becomes accustomed to alcohol and processes it more effectively, meaning that over time, more and more alcohol is required to produce the same effect

Underage person

person who is not of legal drinking age; under 21

Alcohol sales in SD for on-sale consumption are legal between the hours of ____ to ____, unless further restricted by local ordinance.

7 am - 2 am

the legal age to bartend in SD is __

21

Which of the following are possible penalties you will face if caught serving alcohol to a minor?

All are possibilities: fired, fined, loss of driver’s license, jail time

the liver can process ___ of alcohol per hour

half an ounce

Department of Revenue, Property & Special Taxes Division

state agency that regulates the production, transportation, storage, and sale of alcoholic beverages; responsible for issuing liquor licenses and approving alcohol server training programs

On-Sale License

retail liquor license by which service is restricted to the premises

Off-Sale License

retail package liquor license which authorizes the sale but not the consumption of alcohol on the premises, except free samples (regulated by the amount of alcohol, number of servings, and days offered); off-sale licensees may not deliver outside the premises described in the license

Legal age to consume

21

legal age to sell and serve with on-sale license

18 (with restrictions); 21 (no restrictions)

legal age to bartend

21

legal age to sell with off-sale license

21

maximum alcohol per drink

not regulated

limit for driving while intoxicated

0.08 BAC

18 year old may sell and serve alcoholic beverages in SD with two conditions:

1. The sale of alcohol constitutes less than 50% of gross sales

2. the licensee or an employee at least 21 years old is on the premises

“To sell and serve" for anyone between the ages of 18 and 21 includes taking orders for alcoholic beverages and delivering these beverages to the customer, but may not include tending the bar, or drawing or mixing alcoholic beverages.

No on-sale or off-sale licensee may:

sell, serve, or allow to be consumed on the premises of any alcoholic beverages between the hours of 2 am - 7 am

Two possible exceptions to serve person under 21

1. An underage person is provided alcohol in the immediate presence of a parent, guardian, or spouse over 21

   1. An underage person is provided alcohol under a prescription from a licensed medical professional

Serving Minor can result in

fired, fined, jailed, loss of driver’s license

Alcohol:

intoxicating agent found in fermented and distilled liquors

Intoxicating agent

more technical term for the common word drug

For licensees whose servers are certified, the penalties for serving alcohol to an underage person/minor are not reduced. True or False?

False; the penalties may be reduced by half

Serving alcohol to an underage person who is between 18 and 21 is a _____.

Class 2 misdemeanor, with a penalty of up to 30 days in jail and/or a $500 fine

In South Dakota, a server can have his or her driver's license _____ for serving alcohol to a minor under the age of 18.

revoked

Of the following, which forms of identification are not considered valid to verify the age of a person requesting to purchase alcohol:
Passport, College ID, Altered ID, Valid state ID, or Valid driver's license.

College IDs and altered IDs are not acceptable for purchasing alcohol

Twenty-one years of age is the legal age to consume _____.

alcohol

A person operating a motor vehicle with a _____ that meets or exceeds the legal limit of .08 percent is driving while intoxicated.

BAC

The South Dakota ID for individuals under the age of 21 has a green background. True or False?

False; it has a red background

A person under _____ years of age is known as a minor.

18

In South Dakota, it is illegal to sell alcohol _____.

after the regulated hours of alcohol service, to an intoxicated person, and to an underage person or minor

If you sell alcoholic beverages to a/an _____ person you may be punished by both fines and jail time.

intoxicated

If a customer has no ID and you (the server) are unsure if he is 21, you should refuse service. True or False?

true

The sale of alcohol for on-sale consumption is legal in SD between the hours of ____ to ____, unless further restricted by local ordinance.

7 am - 2 am

The liver can process 1/2 ounce of alcohol per _____.

hour

A third violation for serving alcohol to an underage person/minor in an establishment within a 24 month period may result in _____.

the establishment’s liquor license being revoked

Taking medication and consuming alcohol at the same time is recommended. True or False?

false

Laws regarding alcohol service are determined by ______.

the city or county, the state legislature, and the federal government

A minor can be used in a sting to verify that you _____ when serving alcohol.

check IDs

A server can refuse service for any reason with this in mind: so long as he or she does not violate discrimination laws. True or False?

True; he or she may not violate anti-discrimination laws

If the parent of an underage person is waiting outside in the car, you can serve the person because his parent has full knowledge of the sale. True or False?

false

A photo and _____ are required on all valid IDs when verifying a customer's age before serving him or her alcohol.

date of birth

Serving alcohol to a minor who is under 18 is a _____.

class 1 misdemeanor, with a penalty of up to one year in jail and/or a $2000 fine

The _____ laws in some states that are specific to alcohol servers hold servers responsible for harm that intoxicated patrons cause to others.

Dram Shop/Liquor Liability

Assuming the servers involved are not certified, in South Dakota, serving or selling alcohol to an underage person/minor results in penalties to the licensee with a first violation fine of $500 and a second violation fine of $1,000. True or False?

False; penalties in SD are $1000 and $2000 respectively for servers that are not certified in responsible serving

The legal age to take orders for alcoholic beverages and serve them to the customer (under certain conditions) is ______.

18 (under supervision of 21 and establishment where food sales constitute more than 50% of gross sales)

Signs of an altered ID include ______.

misspelled words, misaligned or different type, and a bumpy or rigid surface

The faster the drink is consumed the _____ the blood alcohol concentration.

greater (higher)

It is not important to card someone attempting to purchase tobacco products. True or False?

false

You must be at least 21 years of age to purchase tobacco products. True or False?

true