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Laws Don't Stop Bars from Serving Drunks
80 Percent Sell Alcohol to Intoxicated Patrons

From ACER News Release, for About.com

Updated May 13, 2004

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Currently, 47 states and the District of Columbia prohibit sales to obviously intoxicated persons (Florida, Nevada, and Wyoming are the only exceptions). Despite these laws, alcohol sales to obviously intoxicated patrons in on-premise establishments, such as bars, continue to occur 58 to 85 percent of the time.

A study in the May 2004 issue of Alcoholism: Clinical & Experimental Research confirms that the likelihood of alcohol sales to obviously intoxicated patrons in both on- and off-premise establishments (such as liquor stores) is very high, and that younger servers/clerks are significantly less likely to withhold service.

"This study confirms what other studies have found, that sales to obviously intoxicated customers in on-premise establishments is highly likely," said Traci L. Toomey, assistant professor in the division of epidemiology at the University of Minnesota and first author of the study. "Additionally, this study also shows that these types of illegal alcohol sales may be even more likely at off-premise establishments."

Trained actors posing as intoxicated patrons attempted to purchase alcohol at 223 on-premise and 132 off-premise establishments in 11 communities in a large Midwestern metropolitan area during a 10-month period beginning in September 1999. In addition to recording whether or not an establishment sold alcohol to a "buyer," researchers also collected data regarding the perceived age and gender of the server/clerk, the surrounding area (commercial or residential), exterior maintenance, type of license (limited or full), whether or not warnings about drinking & driving were posted, and time of the purchase attempt.

"Nearly 8 out of every ten establishments sold alcohol to someone very obviously intoxicated," said Toomey. She was not surprised by the results; nor was James F. Mosher, director of the Center for the Study of Law and Enforcement Policy at the Pacific Institute for Research and Evaluation.

"Anecdotal reports from researchers, Responsible Beverage Service (RBS) trainers, law enforcement officials and retail staff all point to a similar conclusion," said Mosher. "However, this study uses strong methodology, identification of key variables contributing to the problem, and clear presentation to show that the law is being widely ignored despite its importance in protecting the health and safety of the community. Those who live near liquor stores and bars know from experience that these establishments contribute to the problem of alcohol-related violence and injury by serving patrons who are already intoxicated. What many people may not know is that serving intoxicated patrons is illegal."

Sales to Intoxicated Customers

"Little attention has been paid to illegal sales to intoxicated customers," added Toomey, "just as sales to underage youth once received little attention. Back then, the likelihood of sales to underage youth was similar to what we observed in this study in terms of the likelihood of illegal sales to intoxicated customers. On a positive note, as communities actively addressed illegal sales to youth, the likelihood of sales to underage youth decreased."

The study also found that those servers/clerks who appeared younger than 31 years of age were significantly more likely than older-appearing servers to sell alcohol to intoxicated buyers.

"This is not a surprise at all," said Mosher. "One would expect that younger servers/clerks are less likely to intervene, particularly when they are underage. They are either dealing with peers, and peer pressure will make it difficult to intervene, or with older patrons, who may be intimidating. Keep in mind that the off-premise retail industry in particular has pushed for legislation that permits them to hire underage clerks (18 years old or even younger), paying minimum wage. Although not to the same degree, on-premise establishments also rely heavily on unskilled, underpaid youthful staff. Retailers often fail to provide even the most basic training or supervision of these workers. Given these conditions, the higher rates of violation among younger servers are predictable."

Toomey is currently evaluating a training program that targets owners and managers of alcohol establishments – Project ARM (Alcohol Risk Management). "The goal of this four-session, one-on-one training program is to help owners and managers of on-premise establishments develop establishment policies promoting responsible service of alcohol," she said. "Trainers help the owners and managers introduce the new policies at a staff meeting at the establishment. The ultimate goal of the project is to help establishments prevent sales to obviously intoxicated patrons."

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