Download - Serving Alcohol Responsibly to Your Guests
Serving Alcohol Responsibly to Your
GuestsNovember 18, 2014
2:00 - 3:00 p.m.
Heartland Payment Systems is the
Lead Sponsor of all RES events.
The ORA Restaurant Education Series (RES) provides
members free access to educational events that help
them sustain and grow their businesses and are
developed based on member feedback. RES events
support a key ORA initiative: the education of our
members.
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Your Speakers
Eric Wolf
Ohio Department of
Public Safety,
Ohio Investigative Unit
Shellie O’Toole
Ohio Restaurant
Association
Brad Toft
Kinker-Eveleigh
Insurance Agency
Gary Gillett
Gary Gillett Law Office
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Ohio Agencies Involved With
Liquor Permits and Frequent
Violations
Eric W. Wolf
Enforcement Commander
Ohio Investigative Unit
1970 W. Broad Street
Columbus, OH 43223
(614) 644-2415
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Ohio Department of Commerce
Division of Liquor Control
Ohio Department of Public Safety
Ohio Investigative Unit
Ohio Attorney General’s Office
Ohio Liquor Control Commission
Ohio Agencies
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Responsible for controlling the manufacture,
distribution, and sale of all alcoholic beverages in Ohio.
The Division is the State’s sole purchaser & distributor
of spirituous liquor.
Process the issuance and renewal of over 24,000
permits - including manufacturers, distributors, and
retailers.
Spirituous liquor is sold through over 450 liquor
agencies (private businesses contracted with the
Division).
Division of Liquor Control
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Enforcement of Ohio’s liquor laws and
regulations at licensed and non-licensed
locations.
Investigation of USDA SNAP Program (Food
Stamp) violations.
Investigating tobacco sales violations.
Ohio Investigative Unit
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Responsible for the prosecution of all
violations/citations before the Liquor Control
Commission.
Schedules all hearings before the Commission.
Represents the Division of Liquor Control on any
appeals of division decisions before the LCC.
Represents the Commission on any appeals of commission decisions through the court system.
Attorney General’s OfficeLiquor Unit
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A neutral and independent agency comprised of three
members appointed by the Governor.
The Commission hears citation cases concerning
alleged violations of Ohio’s liquor laws and rules.
The Commission considers the merits of each case and
has the authority to suspend or revoke the liquor permit
if it finds the permit holder guilty. They can also impose
a monetary fine in lieu of suspension and /or revocation.
In addition, the commission hears appeals.
The commission has general policy-making powers
regarding production, sales, advertising, etc.
Ohio Liquor Control Commission
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Minors
Sale or Furnishing Alcohol to Underage
[ORC 4301.69(A)]
Allowing Underage to Possess / Consume
Alcohol [ORC 4301.69(B)]
Good Faith Acceptance of False Identification [ORC 4301.639]
Frequent Violations
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Gambling
• Instant Bingo without a License
• Electronic Video Gambling Machines
SNAP Benefit Fraud
• Sales of Ineligible Items
• Direct Exchange of Benefits for Cash
Frequent Violations
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Sales to Intoxicated Persons [ORC 4301.22(B)]
Sunday Sales [ORC 4301.22(C)]
After Hours [OAC 4301:1-1-49]
Permitting Removal of Alcohol Sold for On-
Premises Consumption [ORC 4301.21(D)]
Underage Employment
Obstruction of Inspection [ORC 4301.66]
Tax Issues
Frequent Violations
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Alcohol Server Knowledge
(ASK) Program
• Free training provided by OIU
• Covers Frequent Violations
• Recognized training by the
Ohio Liquor Control Commission
• For Additional Information, visit
oiu.ohio.gov
Assistance for Permit Holders
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Gary Gillett
Gillett Law Office
175 S. Third St., Suite 505
Columbus, OH 43215
(614) 224-9368
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No permit holder shall sell or furnish
alcohol to any person under (21) twenty-
one years old. (O.R.C. Sections 4301.22))
Underage Sale
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Citation “Violation Notice”
Administrative Track
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Questionnaire
Administrative Track
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Cases are brought in front of the Ohio
Liquor Control Commission
Administrative Track
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More informal proceedings
Potential Sanctions• Fines (i.e. forfeiture)
• Suspension (§ 4301.252. Forfeiture in lieu of
suspension or revocation)
• Revocation
Administrative Track
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Amount of fines (§ 4301.252)
Selling and Furnishing as two citations.
Standard for Revocation.
Issuance of Decision (Order)
Administrative Track
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Timing of payment (21 days)
Appeal option
Administrative Track
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Brought in the local court with Jurisdiction
Effect on Commission Case
• Not automatically beholden to criminal courts
resolution
• Proof of Conviction / Not Guilty Verdict
Criminal Proceeding
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No permit holder shall sell or furnish
alcohol to an intoxicated person
[4301.22(B)]
Numerous types of liability
• Criminal
• Administrative (Citation before Liquor Control
Commission)
• "Dram Shop" Law
Sales to Intoxicated Persons
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Brad Toft
Commercial Lines Agent
Kinker-Eveleigh Insurance
Agency
7750 Montgomery Rd.
Cincinnati, OH 45236
(513) 891-6615
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How insurance carrier underwriters
address the server training questions on
applications
How liquor percentages determine a
restaurant class code
The type of liquor being served
Underwriting
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Liquor Liability
Assault and battery
Examples
Claims
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Shellie O’Toole
Managing Director, Member
Services
Ohio Restaurant Association
1525 Bethel Road
Columbus, OH 43220
(800) 282-9049
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Responsible
Alcohol Service
Alcohol Program
Managers
Bartenders
Servers
Bouncers
Security
Valets
Owners
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Responsible
Alcohol Service
Manager Training and Certification Developed by a team of industry subject matter experts,
academics and regulatory professionals.
Contains the latest FDA Food Code, food safety science,
and industry best practices; based on a new Job Task
Analysis.
Developed by highly qualified, instructional designers, and
technical advisors.
Implementation of training can mitigate risks, fines, and
legal action involved in serving alcohol.
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Responsible
Alcohol Service
The program course is divided into four
key sections:
Law and Your Responsibility
Recognizing and Preventing Intoxication
Checking IDs
Handling Difficult Situations
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Responsible
Alcohol Service
Available in print and online for
greater convenience.
Course materials are consistent
between online and classroom
settings.
Lessons and online testing are
currently available in English and
Spanish.
Bilingual service center
representative available to answer
questions.
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Responsible Alcohol Service
Options:
Classroom English & Spanish 2, 4, 6 hours
Online English 90 - 120 minutes
90 days to complete
40 question - primary exam
70 question - advanced exam (proctor)
3 year / national certificate
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Responsible Alcohol Service
Product Retail MemberSSA Participants Guide $22.00 $18.70
w/ Exam Answer Sheet
English or Spanish
SSA Online Course &
Advanced Exam or
Primary Exam $30.00 $25.50
Additional Products:
Instructor Toolkit, Instructor Guide, Videos and DVD’s
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www.servsafe.com/ss/sra/oh/
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Responsible
Alcohol Service
ServSafe.com/HOLIDAY
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Managers, Supervisors,
Chefs, Persons in Charge of
Establishment, First-Year
Culinary Students, Expeditor
Manager Training
Managers, Bartenders,
Servers, Bouncers, Valets
Alcohol Program
Chefs, Cooks, Team Leaders, Culinary Students, Servers, Bussers, Front Line, Prep, Stewards, Hourly Staff
Food Handler
Program
Managers, Supervisors,
Chefs, Cooks, Servers,
Food Handlers, Hosts,
Bussers, Front-of-the-House
Staff, Back-of-the-House
Staff
Allergens Program
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February 15 - ServSafe Food Handler Training during
NAPICS; Columbus Convention Center
February 16 - ORA Safety Training during NAPICS;
Columbus Convention Center
Go to www.ohiorestaurant.org/res
to register or to check out past RES events!
Thank you!
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