Alcohol Law and Your Responsibility 1 1. Test Your Knowledge 1.) True or False: “It is illegal to sleep in a bar” 2.) True or False: “All carry out liquor

Alcohol Law and Your Responsibility11 Alcohol Law and Your Responsibility

Test Your Knowledge

1.) True or False: “It is illegal to sleep in a bar”

2.) True or False: “All carry out liquor must be placed in a bag”

3.) True or False: “It is illegal to stand & drink in a bar”

4.) True or False: “You can’t consume alcoholic beverages if you are an on duty bartender or server”

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1

Test Your Knowledge

1.) False: “It is illegal to sleep in a bar”

2.) False: “All carry out liquor must be placed in a bag”

3.) False: “It is illegal to stand & drink in a bar”

4.) False: “You can’t consume alcoholic beverages if you are an on duty bartender or server”

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Anyone who violates state or municipal alcohol service laws may face criminal charges

In Indiana: Owners, Owners, bartenders and servers can be bartenders and servers can be prosecuted for illegal sale or prosecuted for illegal sale or service of alcoholic beverages service of alcoholic beverages and face jail time, probation, and face jail time, probation, court fees, etc.court fees, etc.CLASS B MISDEMEANORCLASS B MISDEMEANOR

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Criminal liability: Being held responsible for committing a crime

Your Responsibility

The Role of the Liquor Authority1

Liquor Authority in IndianaLiquor Authority in Indiana

Regulates the alcoholic beverage & tobacco industry Regulates the alcoholic beverage & tobacco industry

Issues licenses for premises within IndianaIssues licenses for premises within Indiana~ 13,000 permit premises~ 13,000 permit premises

~ 8,300 tobacco certificates~ 8,300 tobacco certificates ~ 135,000 licensed servers ~ 135,000 licensed servers

To protect the economic welfare, health, peace and morals To protect the economic welfare, health, peace and morals

To Regulate and limit the sale, distribution and possession of alcohol To Regulate and limit the sale, distribution and possession of alcohol

Provides for raising of revenueProvides for raising of revenue

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Indiana Alcohol & Tobacco Commission

The Role of the Liquor Authority1

Law Enforcement division of ATC Law Enforcement division of ATC

Full police powers Full police powers

Enforcement emphasis on Alcoholic Beverages & Enforcement emphasis on Alcoholic Beverages & Tobacco laws Tobacco laws

Work plain clothes and uniform detailsWork plain clothes and uniform details

Officers do have authority to enforce traffic codeOfficers do have authority to enforce traffic code

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Indiana State Excise:

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Excise Officer will prefer to speak with Excise Officer will prefer to speak with an owner or manager, if possible an owner or manager, if possible

Can inspect Can inspect anywhereanywhere on floor plans on floor plans

If violations are found, administrative charges may be filed If violations are found, administrative charges may be filed

Reason for visit: Reason for visit: Initial & Final inspection Initial & Final inspection ~~ floor plan change ~~ floor plan change ~~ change of location ~~ change of location ~~ change of ownership ~~ change of ownership ~~ new premises ~~ new premises Complaint investigation Complaint investigation Courtesy visitCourtesy visit

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Site Visits

Laws Restricting Alcohol Service

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The Survey For Alcohol Compliance is an inspection The Survey For Alcohol Compliance is an inspection program where Excise officers accompany youth aged program where Excise officers accompany youth aged 19-20 into licensed alcoholic beverage establishments 19-20 into licensed alcoholic beverage establishments where the youth attempt to purchase alcoholic where the youth attempt to purchase alcoholic beverages.beverages.

If a clerk rings up the alcoholic beverages and money is If a clerk rings up the alcoholic beverages and money is exchanged, it’s a “sale”.exchanged, it’s a “sale”.

The Role of the Liquor Authority

Survey for Alcohol Compliance (SAC)

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If a server in a restaurant delivers the drink to the table, If a server in a restaurant delivers the drink to the table, it is considered a saleit is considered a sale

Youth do not carry any money or identification during Youth do not carry any money or identification during inspectionsinspections

If the Sale of an Alcoholic Beverage is made to a minor, If the Sale of an Alcoholic Beverage is made to a minor, a violation is issued against the business and owner a violation is issued against the business and owner faces up to $1,000 fine from ATC.faces up to $1,000 fine from ATC.



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In baseline survey:

44% of restaurants FAILED

40% of package stores FAILED



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Selling liquor to a minor

Class B MisdemeanorClass B Misdemeanor

Failing to check identification

Allowing a minor to enter with a fake ID

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The liquor authority can issue citations for:


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Serving a guest who is or appears to be intoxicated Class B MisdemeanorClass B Misdemeanor

Discriminating against guests

Selling or serving alcohol when it is not permitted

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The liquor authority can issue citations for: continued


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ATC permit for the ATC permit for the establishmentestablishment must be posted must be posted conspicuouslyconspicuously


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A person must be 21 years old to purchase alcohol in any state

In some states, a parent or guardian can serve alcohol to a minor child - NOT IN INDIANA

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Legal Age to Drink


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In general, you must be 21 years old to In general, you must be 21 years old to serve alcoholserve alcohol

19 & 20 year olds can obtain a Restricted Permit to19 & 20 year olds can obtain a Restricted Permit to serve serve alcoholic beverages in Indianaalcoholic beverages in Indiana

A premises may have employees 18,A premises may have employees 18,but they may but they may notnot serve alcoholic beverages serve alcoholic beverages

Clerks in grocery and drug stores must be 19.Clerks in grocery and drug stores must be 19.

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Legal Age to Serve


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May Obtain a Restricted Employee PermitMay Obtain a Restricted Employee Permit

Restricted permit is only valid while the holder is under Restricted permit is only valid while the holder is under the age of 21 (2 yr permit $30)the age of 21 (2 yr permit $30)

Individual may only server drinks in the family dining Individual may only server drinks in the family dining area of a restaurantarea of a restaurant

Individual must be under the supervision of a manager Individual must be under the supervision of a manager who has successfully completed a server training who has successfully completed a server training programprogram

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19-20 Year Old Servers


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Individuals 19/20 years of age must attend an approved server Individuals 19/20 years of age must attend an approved server training course prior to applying for their employee permit.training course prior to applying for their employee permit.

They must attach the original attendance certificate to their They must attach the original attendance certificate to their application for their permit.application for their permit.

This training will expire 3 years from the date of the initial This training will expire 3 years from the date of the initial training.training.

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19-20 Year Old Servers


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Employee permit required for anyone Employee permit required for anyone serving alcoholic beverages either by the serving alcoholic beverages either by the drink or carry-out drink or carry-out ~~ excluding grocery & drug stores ~~ excluding grocery & drug stores

Employee must produce Employee must produce original original permit if permit if requested by Exciserequested by Excise

Employer must maintain a copy of permit Employer must maintain a copy of permit informationinformation

Posting permit is not requiredPosting permit is not required1-IN-13

Employee Permit Required


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Employee Permit


SUSIE EMPLOYEE

1234 EVERY STREET

INDIANAPOLIS, IN 46204

BR0000000

Make sure to sign your permit to validate it when you receive it.

1

Cannot hold an Employee Permit if:Cannot hold an Employee Permit if:

On probation or parole for 1st OWI conviction On probation or parole for 1st OWI conviction

2 OWI convictions and less than 2 years since 2 OWI convictions and less than 2 years since probation or parole completed probation or parole completed

3 DUI unrelated convictions in the last 10 years3 DUI unrelated convictions in the last 10 years–– No permit may be held until 10 years after the 3rd No permit may be held until 10 years after the 3rd conviction.conviction.

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License Requirements


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If you are not in good standing with the Indiana If you are not in good standing with the Indiana Dept. of Revenue, our system will not allow us to Dept. of Revenue, our system will not allow us to issue an employee permit until you have a tax issue an employee permit until you have a tax clearance.clearance.

Remember, it is a PRIVILEGE to hold an Remember, it is a PRIVILEGE to hold an Employee Permit in the State of Indiana!!Employee Permit in the State of Indiana!!

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Tax Clearance Required


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Effective July 1, 2010Effective July 1, 2010

By law, a court can order the ATC not to issue or By law, a court can order the ATC not to issue or renew an employee permit if an individual is renew an employee permit if an individual is delinquent in making child support payments.delinquent in making child support payments.

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Back Child Support


1

Some areas allow minors to enter a

tavern or restaurant bar.

Some require guests to be the legal age to enter a bar - INDIANA

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Legal Age to Enter


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It is illegal to deny alcohol service to a pregnant woman

This is gender discrimination

Many states require the posting of signs warning about the effects of alcohol on a

fetus – NOT INDIANA

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Serving a Pregnant Guest


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Hours of ServiceHours of Service Sunday Sunday –– Saturday Saturday 7:00AM 7:00AM –– 3:00AM 3:00AM NO CARRY-OUT ON SUNDAYNO CARRY-OUT ON SUNDAYExcept for microbrews and wineries.

All bar service must be cleared 30 minutes All bar service must be cleared 30 minutes after legal serving time ends.after legal serving time ends.

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Hours of Service:


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On On Election DayElection Day you may serve alcoholic beverages you may serve alcoholic beverages both on premise and for off premise consumption from both on premise and for off premise consumption from 7:00am – 3:00am. 7:00am – 3:00am. Effective March 2010Effective March 2010

Christmas Day Christmas Day No carry out or on premises consumptionNo carry out or on premises consumption

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Times Sales are Unlawful:


1

States and municipalities may prohibit serving a guest:

An unlimited number of drinks for a fixed price

Reduced-priced drinks for a specific time period (In Indiana drink prices must be the same throughout the day)

Two or more drinks at a time (not restricted by Indiana law)

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Happy Hours and Other Drink Promotions


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States and municipalities may prohibit serving a guest:

Drinks containing additional alcohol

without a price increase

Drinks as a prize for a game or contest

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Happy Hours and Other Drink Promotions: continued


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Rewards to patrons or employees based on salesRewards to patrons or employees based on sales

Specialty drinks of a very large size or strengthSpecialty drinks of a very large size or strength

Allowing “drinking games” (21 shots)Allowing “drinking games” (21 shots)

Drink specials that encourage excessive consumptionDrink specials that encourage excessive consumption

Trivializing over-consumption (puke shots, pub crawls)Trivializing over-consumption (puke shots, pub crawls)

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Risky Serving Behavior


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Food ServiceFood Service Must be able to provide hot soup, hot sandwiches, Must be able to provide hot soup, hot sandwiches, coffee, milk and soft drinks for 25 persons at all coffee, milk and soft drinks for 25 persons at all timestimes

Retail to Retail Sales Retail to Retail Sales Retailers/Dealers must purchase all alcoholic Retailers/Dealers must purchase all alcoholic beverages through a licensed wholesalerbeverages through a licensed wholesaler

Adulterated/Misbranded BeveragesAdulterated/Misbranded Beverages Alcoholic beverages cannot be altered (i.e. watered Alcoholic beverages cannot be altered (i.e. watered down, etc.) or placed into a container bearing a down, etc.) or placed into a container bearing a different brand name than it actually is (i.e. Can’t different brand name than it actually is (i.e. Can’t pour Early Times Whiskey into Jack Daniels bottle).pour Early Times Whiskey into Jack Daniels bottle).1-IN-20

Other Requirements


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Credit SalesCredit Sales All patrons must pay for their drinks on the same All patrons must pay for their drinks on the same business day that they are consumed. Individuals business day that they are consumed. Individuals cannot run a “tab” and pay the next day or once a cannot run a “tab” and pay the next day or once a week, etc.week, etc.

GamblingGamblingVideo gambling machines are still outlawed in Video gambling machines are still outlawed in Indiana. Type II gaming licenses can be obtain by Indiana. Type II gaming licenses can be obtain by those that qualify.those that qualify.

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Other Requirements


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Tobacco Sales Certificate is required for any business selling tobacco products. (Fee is $200 for a 3 yr. permit.)

Sale of Tobacco to a JuvenileSale of Tobacco to a JuvenileA person less than 18 years of ageA person less than 18 years of age

Possession of Tobacco by a Juvenile Possession of Tobacco by a Juvenile

ID required for sale to persons under 28 yrs of ageID required for sale to persons under 28 yrs of age

Signage Required Signage Required

Vending Machines not accessible by minorsVending Machines not accessible by minors

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Tobacco LawsTobacco Laws


Recognizing and Preventing Intoxication 2 Recognizing and Preventing Intoxication 2

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Amount of alcohol absorbed into the bloodstream

BAC is stated as a percentage

It is against the law to drive with a BAC of .08 or higher

A BAC of .30 or higher can lead to coma or death

Blood Alcohol Content (BAC)

Alcohol and the Body

2

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Alcohol is a DepressantAlcohol is a Depressant

Operating a motor vehicle is a complex task, made Operating a motor vehicle is a complex task, made much more difficult after consuming alcoholic much more difficult after consuming alcoholic beverages.beverages.

After consuming only one drink, a person’s reaction After consuming only one drink, a person’s reaction time begins to slow.time begins to slow.

Legally intoxicated to operate a vehicle in Indiana if BrAC to be found to be .08%

A person can be arrested for OWI with a BrAC lower A person can be arrested for OWI with a BrAC lower than .08% depending on the signs of intoxication than .08% depending on the signs of intoxication they are displaying.they are displaying.

OWI

Alcohol and the Body

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Example: Carry Out

1.7oz = 50ml6.8oz= 200ml25.4oz=750ml (16 drinks)60oz = 1.75L

1.5ounces of 80-proof whiskey in 1 drink

6.8200ml (1/2 pint) of 80-proof whiskey

4 1/2Total number of

drinks =

Assessing a Guest’s Level of Intoxication

To count drinks: continued

Checking Identification 3 Checking Identification3

Ensure All Guests Are of Legal Age 3

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Effective July 1, 2011Effective July 1, 2011

It is a Class B misdemeanor for a permittee or an employee or agent of a permittee to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish another person who is or reasonably appears to be less than forty (40) years of age an alcoholic beverage for consumption off the licensed premises without first requiring the person to produce:

• A driver’s license;• An identification card issued under IC 9-24-16-1 or a similar card

issued under the laws of another state or the federal government; or

• A government issued document;bearing the person’s photograph and birth date showing that theperson is at least twenty-one (21) years of age.

You should know that:

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Verifying Identification

New Indiana SecureID

Individuals who apply for an Indiana license or ID for the first time or who are within 14 days of expiration will receive an interim credential that is only valid for 14 days.

The interim credential is a black and white piece of paper with the individual’s picture on it.

The extension credential is a valid piece of identification that can be used when purchasing alcoholic beverages. However, it must be accompanied by one or more permanent credentials to further verify the individual’s identity.

Interim credentials (only the paper document) are not intended to serve as identity documents.

Excise considers a secondary piece of ID something of value such as a credit card, debit card or checkbook.

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The first six digits of the transaction number should

be the date of issue.

Gold star indicates that card is a secure

ID.

Ghost image is repeated in lower right hand corner.

Dusty Rose color is nearly impossible to

reproduce.

UV Ghost Image

UV Data over photo

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New Indiana SecureID (cont.)

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New Indiana SecureID (cont.)

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Vertical Format: UNDER 21Vertical Format: UNDER 21

The subject’s 21st birthdayis highlighted in RED.

The subject’s 18th birthdayis highlighted in YELLOW.

The first six digits of thetransaction number match

the date of issue.

Ghost image

Gold star to indicate Secure ID

Dealing with a Fake ID 3

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Refuse service

Refuse entry to the establishment

Confiscate the ID – NOT IN INDIANA

If you spot a fake ID, you can:

Follow your company policy and the law

Handling Difficult Situations 4 Handling Difficult Situations 4

Handling Difficult Situations 4 Handling Difficult Situations 4

Mike Banks Video

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Indiana Quiz

INDIANA QUIZ

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Indiana Quiz

#1 True or False #1 True or False

It is a Misdemeanor for a person It is a Misdemeanor for a person to recklessly sell, barter, to recklessly sell, barter, exchange, provide or furnish an exchange, provide or furnish an alcoholic beverage to a minor.alcoholic beverage to a minor.

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Indiana Quiz


Anyone who serves alcoholic Anyone who serves alcoholic beverages must be over the age beverages must be over the age of 21.of 21.

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Indiana Quiz


An employee who serves alcoholic An employee who serves alcoholic beverages by the drink or for carry-out beverages by the drink or for carry-out must hold an employee permit with the must hold an employee permit with the exception of a grocery or drug store exception of a grocery or drug store clerk.clerk.

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Indiana Quiz


A copy of an Employee Permit A copy of an Employee Permit can be substituted for the can be substituted for the original.original.

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Indiana Quiz


Indiana law requires that all Indiana law requires that all employee permit holders who are employee permit holders who are employed by a retailer or package employed by a retailer or package liquor store must attend an approved liquor store must attend an approved server training every 10 years.server training every 10 years.

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Indiana Quiz


You must be at least 17 years of You must be at least 17 years of age or older to purchase tobacco age or older to purchase tobacco products.products.

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Indiana Quiz


It is the server’s responsibility, It is the server’s responsibility, not the doorman, to make sure not the doorman, to make sure that a patron is 21.that a patron is 21.

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Indiana Quiz


It is a Misdemeanor to sell, It is a Misdemeanor to sell, barter, deliver or give away an barter, deliver or give away an alcoholic beverage to another alcoholic beverage to another person who is in a state of person who is in a state of intoxication.intoxication.

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Indiana Quiz


Coffee and a cold shower will Coffee and a cold shower will sober up a person.sober up a person.

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Indiana Quiz

A. DepressantA. Depressant

B. Stimulant B. Stimulant

C. Hallucinogen C. Hallucinogen

D. None of the aboveD. None of the above

#10 Alcohol is classified as a:#10 Alcohol is classified as a:

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Indiana Quiz

A. A document issued by a US government A. A document issued by a US government agency with picture, date agency with picture, date of birth and physical of birth and physical description description

B. Anything with the person’s picture on it B. Anything with the person’s picture on it

C. Any major credit card C. Any major credit card

D. All of the aboveD. All of the above

#11 What is considered primary ID?#11 What is considered primary ID?

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Indiana Quiz

A. Politely, but firmly refuse A. Politely, but firmly refuse

B. Call for your manager or supervisor B. Call for your manager or supervisor

C. Call the police if the person becomes C. Call the police if the person becomes loud and physically aggressive. loud and physically aggressive.

D. All of the aboveD. All of the above

#12 If a person cannot produce a valid ID but #12 If a person cannot produce a valid ID but still insists on being served, you should:still insists on being served, you should:

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Indiana Quiz

A.A. There is a photo on the credentialThere is a photo on the credential

B. There is a gold star in the upper right hand There is a gold star in the upper right hand corner.corner.

C. The ID is presented with one or more The ID is presented with one or more permanent credentials, including another permanent credentials, including another photo IDphoto ID

D. None of the AboveNone of the Above

#13 #13 Extension credentials issued from the Extension credentials issued from the BMV can be used to purchase alcoholic BMV can be used to purchase alcoholic beverages if:beverages if:

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Indiana Quiz

A. Ask your manager and the rest of theA. Ask your manager and the rest of the staff if they have ever seen one like it. staff if they have ever seen one like it.

B.B. Check it against an out-of-state Check it against an out-of-state license manual license manual

C. Refuse service C. Refuse service

D. Out of state ID is not acceptable inD. Out of state ID is not acceptable in Indiana Indiana

#14 If a person presents an out-of-state #14 If a person presents an out-of-state driver’s license, you should:driver’s license, you should:

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Indiana Quiz

A. 1.5 ounce shot of 80 proof whiskey A. 1.5 ounce shot of 80 proof whiskey

B. 5 ounce glass of table wine B. 5 ounce glass of table wine

C. 12 ounce glass of beer C. 12 ounce glass of beer

D.D. They all have approximately the same They all have approximately the same alcohol content. alcohol content.

#15 Which has the greatest alcohol content?#15 Which has the greatest alcohol content?

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Indiana Quiz

A. Customers can stay as long as they wish and A. Customers can stay as long as they wish and

finish any alcoholic beverages they have finish any alcoholic beverages they have already purchased already purchased

B.B. All alcoholic beverages and containers must All alcoholic beverages and containers must

be removed from the bar & tables within be removed from the bar & tables within

30 minutes 30 minutes

C. All customers must leave within 30 minutes, C. All customers must leave within 30 minutes, but employees can stay and drink. but employees can stay and drink.

D. Everyone must leave the building within 30 D. Everyone must leave the building within 30 minutes minutes

#16 After the legal time to stop serving:#16 After the legal time to stop serving:

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Indiana Quiz

A.A. No alcoholic beverages may be servedNo alcoholic beverages may be served

B. Alcoholic beverages may be served Alcoholic beverages may be served only to individuals who have voted.only to individuals who have voted.

C. Alcoholic beverages may be served Alcoholic beverages may be served from 7:00am – 3:00am.from 7:00am – 3:00am.

D. Alcoholic beverages can only be Alcoholic beverages can only be served at private clubs.served at private clubs.

#17 On Election Day:#17 On Election Day:

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Indiana Quiz

A. Twenty-four hours a day A. Twenty-four hours a day

B. 8 AM until 2 AM the next morning B. 8 AM until 2 AM the next morning

C. 7 AM until 3 AM the next morning C. 7 AM until 3 AM the next morning

D. 6 AM until 4 AM the next morningD. 6 AM until 4 AM the next morning

#18 Sunday through Saturday, legal serving #18 Sunday through Saturday, legal serving time in Indiana are:time in Indiana are:

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Indiana Quiz

A.A. 1% 1%

B.B. .08% .08%

C.C. .01% .01%

D.D. .10%.10%

#19 A person is legally intoxicated for the #19 A person is legally intoxicated for the purpose of operating a motor vehicle in Indiana purpose of operating a motor vehicle in Indiana if their breath alcohol level is:if their breath alcohol level is:

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Indiana Quiz

A. Something of value – credit card, A. Something of value – credit card, debit card, checkbook, bank card, etc. debit card, checkbook, bank card, etc.

B. Sam’s club card B. Sam’s club card

C. Library card C. Library card

D. All of the above D. All of the above

#20 What is considered to be a good #20 What is considered to be a good secondary piece of identification?secondary piece of identification?

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Indiana Quiz

#21 – 25 #21 – 25

Name 5 signs of intoxicationName 5 signs of intoxication

Documents

Alcohol Law and Your Responsibility 1 1. Test Your Knowledge 1.) True or False: “It is illegal to sleep in a bar” 2.) True or False: “All carry out liquor