WHAT CAN YOU DO TO PROTECT AGAINST SELLING TO MINORS OR INTOXICATED PERSONS?

DO NOT SELL TO A MINOR

• ASK FOR PROOF – It is a crime to give or sell alcoholic beverages to anyone under the age of 21. You should instruct your employees to check for proof of age before selling any alcoholic beverages. In surveys, many underage purchasers say they are NEVER asked for proof.  ACCEPTABLE DOCUMENTS FOR IDENTIFICATION:

- valid New York State driver’s license or a valid driver’s license from any other state or Canada
- valid identification issued by the New York Department of Motor Vehicles (Non-Driver ID card)
- valid United States military identification
- valid passport or visa from the United States government or any other country

COLLEGE ID OR SHERIFF’S ID CARDS ARE NOT ACCEPTABLE PROOF OF AGE

ASK FOR A VALID ID EVERY TIME!

• CHECK FOR TAMPERED OR FAKE DOCUMENTS

• CHECK THE BIRTH DATE ON THE ID

• CHECK THE PHOTO TO SEE IF THE CUSTOMER HAS THE SAME EYE COLOR, HAIR COLOR, WEIGHT AND HEIGHT AS THE PERSON IN THE PHOTO

• CHECK THE LAMINATION FOR UNCLEAR EDGES

• CHECK FOR ANY BUMPS ON THE ID

• CHECK FOR ERASED INK OR MARKS AROUND THE DATE OF BIRTH

• IF THE LICENSE WAS ISSUED BY NEW YORK STATE, CHECK FOR THE CONTINUOUS STATE SEAL

• ASK FOR A SECOND ID IF YOU’RE NOT SURE IF THERE IS ANY DOUBT, REFUSE TO MAKE THE SALE

• BEWARE OF THIRD PARTY SALES

If you observe minors congregating outside your establishment approaching adults or handing money to adults, ask the customer if he or she is buying the items for someone else. If you believe alcoholic beverages are being purchased for a minor, refuse the sale.

DO NOT MAKE A SALE TO AN INTOXICATED INDIVIDUAL

• RECOGNIZE THE SIGNS OF INTOXICATION

Look for:

- bloodshot eyes
- slurred speech
- mood swings
- the smell of alcohol
- loud, abusive, profane language
- staggering or falling

HELP FOR YOUR EMPLOYEES

• Post a “Date Born After” sign in close proximity to all cash registers.

• Have a written policy on what you expect from employees when making alcoholic beverage sales.

• Post the policy for all employees to see.

• Establish an ongoing training and education program for all employees.

• Encourage responsible drinking when advertising your establishment.

• Do not use advertising and/or promotions which are designed as inducements for teenagers to drink.

• Support your employees when they refuse to make a sale.

• Be sure your employees understand the provisions of the Dram Shop Act (General Obligations Law, Section 11-101) which holds bartenders and/or clerks responsible for third person injury or death caused by a visibly intoxicated person served by the bartender or clerk.

• Be sure your bartenders, wait staff and clerks understand that they can be arrested for selling alcoholic beverages to minors and/or intoxicated persons.