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


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 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.


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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.


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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


• 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


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Cases are brought in front of the Ohio

Liquor Control Commission


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More informal proceedings

Potential Sanctions• Fines (i.e. forfeiture)

• Suspension (§ 4301.252. Forfeiture in lieu of

suspension or revocation)

• Revocation


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Amount of fines (§ 4301.252)

Selling and Furnishing as two citations.

Standard for Revocation.

Issuance of Decision (Order)


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Timing of payment (21 days)

Appeal option


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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

[email protected]

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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

[email protected]

(800) 282-9049

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mailto:[email protected]

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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http://www.ohiorestaurant.org/res

serving alcohol responsibly to your guests

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