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RES 2008-0729 - Brazenhead Irish Pub released from prevention of paying fines in lieu of suspensions f AHA, r:, I:: 1 § ems- G I Ap,pM NAe9a 1� _ k,f 1.... V Lf ` sf Law Department � 'y eri 03 r i 11 23 A t1 9: 3 Omaha/Douglas Civic Center •-.- j1f «t n + I t �� 3 _— 1819 Famam Street,Suite 804 p� `'ry/ Omaha,Nebraska 68183-0804 A04 ap,' (; `(« CLERK (402)444-5115 �o FeeR Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The attached resolution is submitted at the request of Councilmember Suttle. It removes a condition imposed on the liquor license held at the Brazenhead Irish Pub. In March, 1998,the operator of the Brazenhead Irish Pub came before the Council seeking a liquor license. Because of some incidents in the owner's past, the Council asked that he give up the corporation's right to pay a fine in lieu of a suspension if it was cited for selling alcohol to a minor. The owner agreed to that condition. The condition had no time limit. For almost 10 years the business operated without any liquor law violations. On December 21,2007, a citation was issued for sale of alcohol to a minor. . The owner has now asked to be relieved of this condition so the corporation can pay a fine in lieu of any suspension that might be imposed by the Liquor Control Commission. Commission guidelines provide that a suspension from 5 to 20 days can be imposed for this first offense. Statutes give licensees a right to pay a fine in lieu of the suspension in the amount of$50.00 per suspended day for the first violation. Because the condition was imposed as a part of the City Council's recommendation on the license, the condition can only be removed by Council action. Respe tful s red homas O. Mu - ga 1 Deputy City Atto ey P:\LAW-CITY COUNCIL DOCUMENTS\2008\50062w.doc 1 * I I ri .i'. ..• ..::::::4:),4),(:),10,PAYruwi l:.• :••• fi..11100;::::.. ONLW_L:4;..•.i..&,7k.,KT. C""... :7: 1 .. .. . . .... ... ., Amount :...., ' .a .::::. ;.%.4. ::,,,,,, ... ....... ...... ....... . ........ ...... . .. .... .. .... . . ... ..... ... ,,...... „, .....,. N..:.: !i!;;]:. ..... .... •:,,,..:,,.,,!;]: .-........... ...,,...., ,?.:...!: .,.:....:::;;;:..:,, ....:„.. • .ii:-:. ,.:.,,:,:;:.$„..:...,5,-..,,,,.,,,,....;:::,.: ---... . %.:;,.ii:!,. .,,,::.;=;::!,:- ..'" 91500 00 rli 1:-.: 1::•• NINETY-ONE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS********'`• • . ,.i. ,.....1 Pay To ORACLE CORPORATION .,.. .,:•:;: ':::.1::., ;. w i 1 0•:••• The ...:: PO 0001028•::::.-::•::,:ii,...;::. ..::::::: :•. .:;:. ,::::...i.-::: : ::::.- .::i.:,: a::: 4•::::.:::.::: . • :•1:;•:•:•::::::Order CHICOCi•:*:2.•:5059.4A028 •:::.i::: :::::::...:-:.•:::::•*. :,::::::::0, --;:,''''" Of .1:.:::. 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Moses ("kW Deputy City Clerk 5557 (NAME) (DEPARTMENT) (PHONE) TIME LINE: June 9, 2008 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT REQUEST FOR: Resolution (State Specifically What You Are Requesting) DETAILS: Please draft a Resolution sponsored by Councilmember Jim Suttle, to remove the stipulation/agreement regarding selling to a minor from the Class "C" Liquor License of T. J. O'Shea's Celtic Crossing, Inc., dba "Brazenhead Irish Pub", 319 North 78th Street. • INFORMATION ATTACHED: X NO NONE AVAILABLE REVISED: 01/02/92 ed for selling alcohol to a minor. The owner agreed to that condition. The condition had no time limit. For almost 10 years the business operated without any liquor law violations. On December 21,2007, a citation was issued for sale of alcohol to a minor. . The owner has now asked to be relieved of this condition so the corporation can pay a fine in lieu of any suspension that might be imposed by the Liquor Control Commission. Commission guidelines provide that a suspension from 5 to 20 days can be imposed for this first offense. Statutes give licensees a right to pay a fine in lieu of the suspension in the amount of$50.00 per suspended day for the first violation. Because the condition was imposed as a part of the City Council's recommendation on the license, the condition can only be removed by Council action. Respe tful s red homas O. Mu - ga 1 Deputy City Atto ey P:\LAW-CITY COUNCIL DOCUMENTS\2008\50062w.doc 1 * I I ri .i'. ..• ..::::::4:),4),(:),10,PAYruwi l:.• :••• fi..11100;::::.. ONLW_L:4;..•.i..&,7k.,KT. C""... :7: 1 .. .. . . .... ... ., Amount :...., ' .a .::::. ;.%.4. ::,,,,,, ... ....... ...... ....... . ........ ...... . .. .... .. .... . . ... ..... ... ,,...... „, .....,. 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' . • • ... .b 4s5;y1 .r",*.r A'•t-+ti�,.,q.,Ar•.y,A-"lei y :•;a a A-'.y�` 1•„ - .cry_ r, ke a ,_;..,,a 'cki .,, kN:c +4r Fr"y; ,r 4-.--- t`Urr,, `.-- a e►-e t,5,-. ,•'�-i ;• � «rxA 4} K }-s "-',"r-^ ix�� , ,,.,t•Aty• aft.,;'r AAA F c,�„1.-.. ,�••.•x9,7j,,,,,at ;;4',..4: Ay�tA ,.::u.. e'tA a! ..t .t .�.k� ,,. > , ,r .-w , ,'"-"4 ' ' TOE 'HE:' A A L1,r"(.t75: ,`^-,I%NC-.'�i<N `:':4 ��"AN A'" 4 . ► -N ;>'U�++ . ir'k- A-'r: 9' ,µ 3 {Fk k+.t t F f: r. w-,,t,'. r r 1 - " `'' y ...Al, ..w _ .. "A., ...IA, - if;p:K,•*e�=.e+AY. .'r!'% ,, ii, C"-,.•ev, r d iD' k[1.�,,.-"•y .00f O..R.L-SC,.i1Fo - 2.,--' AF`� UV -l" •� �-- A <.-.,1 .''—a- A ,t, r ,., ,,r> .y ,i AM.;* ts, ..,p•;•'ra,: '..'�;','R''EDWOOO A}, `IoRESA' C$�,'„Ao.--- (,r�_,�r- ,Ar Awl` . kw :-+Are}..r,.A ,.,, .aAt•-. +Ar7. ,;tr ss ter .:�.1r-..,..r, -- -- r :r•.<:: :"•.• uc- i rY,.sfr...+i tAN! A_,7: .sir ..1t U - A µ' ' - "R rw�1" '+''• '.C'WC, 11 .' =A.''� k - Ar .j Aw tk1 �. . r , i,r & tr 'aA+3. fe'>' c0A "#ram ma' ."_,, �' ..4. ;"'4y ,�► u � u 3oii lar aot"<kk.'fi�C�irri '°••P Jy" "�'' ..:4<kkAl t›.,•r"U+lr' .Ar r. -1 ,i.ya 7.. s.w'.-�° }.r,.e-,,�A^ q �;:n- tom'...;4•-• ram. £ 14'sa „'`Ur „-"tr.y '4tDID AFTER. 180 DAYS r„A,IF.--:r,,'• w '��! ,..t•' r..,.....„.. . , , ""'�. .+4v"...,_ , ✓',� . `,...�: ! .n+• .,, P pa:. "1 Aw.r•.r`cdY<-.4/. !. .-, e-A-z. 1 �"-;,: -.': t d'kr 't x Y�`�e+�Ar` ..,tlw . ► -„ew•�r Ar .e4' EA+r-.. t rk m..A - + :«�e•.A ,..w K <x' :Er: �-Alt�'F'ri41i�.:-wRrw:......,,cAx...��ie.`"-w.�.�Arr...uAlw'•-...wier r+i�w.:>.L...a�.ltiL'�,�AAr «...tAA1.�.�.tAft,w:�'-�.,wAAea'....;,.r.CA,�..,«ee1w.::..rAlu ..,,,LLW- I�.wuAt�...,AA1 � «.w .. 11.0000 19490 211' 1: 1040000 L61: 0 1 5 4 9 98111 C-asa CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,T.J.O'Shea's Celtic Crossing,Inc.,dba"Brazenhead Irish Pub",at 319 North 78th Street in Omaha, Nebraska, holds a Class 'C' retail liquor license that was issued in March, 1998; and, WHEREAS,when the Omaha City Council considered the application for that liquor license the applicant promised that during the term of the license it would not exercise its right to pay a fine in lieu of a suspension for a violation of statutes prohibiting the sale of alcohol to a minor;and, WHEREAS,the City Council relied upon that promise and recommended approval of the liquor license and the promise was imposed as a condition on the license; and, WHEREAS,prior to December 21,2007,T.J.O'Shea's Celtic Crossing,Inc.,was not cited for any sales of alcohol to minors and it has now asked that the condition be removed; and, WHEREAS,in recognition of the satisfactory manner in which the business has been conducted since the promise was made, this City Council finds that the condition imposed on the license should be removed. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,T.J.O'Shea's Celtic Crossing,Inc.,dba`Brazenhead Irish Pub",at 319 North 78th Street, is hereby released from the condition imposed on its retail liquor license preventing it from paying fines in lieu of suspensions for certain violations of law. APPR•Alo,1 ED o O FORM: it/�...� ./� :�'2 2-!7r DEPUTY CITYi' ' O' 0 Y DATE P:\LAW-CITY COUNCIL DOCUMENTS\2008\50063w.doc • 3 Av•aeof V,,,,W,41 By Councilmember Adopted 'JUN 3 ® 2008 7 0 City Cle��� ApprovedU Mayor ion can only be removed by Council action. Respe tful s red homas O. Mu - ga 1 Deputy City Atto ey P:\LAW-CITY COUNCIL DOCUMENTS\2008\50062w.doc 1 * I I ri .i'. ..• ..::::::4:),4),(:),10,PAYruwi l:.• :••• fi..11100;::::.. ONLW_L:4;..•.i..&,7k.,KT. C""... :7: 1 .. .. . . .... ... ., Amount :...., ' .a .::::. ;.%.4. ::,,,,,, ... ....... ...... ....... . ........ ...... . .. .... .. .... . . ... ..... ... ,,...... „, .....,. N..:.: !i!;;]:. ..... .... •:,,,..:,,.,,!;]: .-........... ...,,...., ,?.:...!: .,.:....:::;;;:..:,, ....:„.. • .ii:-:. ,.:.,,:,:;:.$„..:...,5,-..,,,,.,,,,....;:::,.: ---... . %.:;,.ii:!,. .,,,::.;=;::!,:- ..'" 91500 00 rli 1:-.: 1::•• NINETY-ONE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS********'`• • . ,.i. ,.....1 Pay To ORACLE CORPORATION .,.. .,:•:;: ':::.1::., ;. w i 1 0•:••• The ...:: PO 0001028•::::.-::•::,:ii,...;::. ..::::::: :•. .:;:. ,::::...i.-::: : ::::.- .::i.:,: a::: 4•::::.:::.::: . • :•1:;•:•:•::::::Order CHICOCi•:*:2.•:5059.4A028 •:::.i::: :::::::...:-:.•:::::•*. :,::::::::0, --;:,''''" Of .1:.:::. 'ii:•ii: .":•:::'-'•• • :5:4i0eLa,......„..,:": -.I:. , : .::::1:-: II . • .:::.: ,-.. •i:1 Void after. 180 Days . . . - !.....1 11'0000 L 5 LEI 3 70 1: L0110000 L61: L LO 2 LOO LH' . . .::. ..... :• . .., . . , :.,. , . .::,,:- i 1 ri r_......_ ..._i r— r-- i r 1 —1 . ...1 1.---- ---, ,L..... ....._.......1 L L. i i ...1 i L ..._1 .- • -. • • . ' • \ Nt • . . . ' . • • ... .b 4s5;y1 .r",*.r A'•t-+ti�,.,q.,Ar•.y,A-"lei y :•;a a A-'.y�` 1•„ - .cry_ r, ke a ,_;..,,a 'cki .,, kN:c +4r Fr"y; ,r 4-.--- t`Urr,, `.-- a e►-e t,5,-. ,•'�-i ;• � «rxA 4} K }-s "-',"r-^ ix�� , ,,.,t•Aty• aft.,;'r AAA F c,�„1.-.. ,�••.•x9,7j,,,,,at ;;4',..4: Ay�tA ,.::u.. e'tA a! ..t .t .�.k� ,,. > , ,r .-w , ,'"-"4 ' ' TOE 'HE:' A A L1,r"(.t75: ,`^-,I%NC-.'�i<N `:':4 ��"AN A'" 4 . ► -N ;>'U�++ . ir'k- A-'r: 9' ,µ 3 {Fk k+.t t F f: r. w-,,t,'. r r 1 - " `'' y ...Al, ..w _ .. "A., ...IA, - if;p:K,•*e�=.e+AY. .'r!'% ,, ii, C"-,.•ev, r d iD' k[1.�,,.-"•y .00f O..R.L-SC,.i1Fo - 2.,--' AF`� UV -l" •� �-- A <.-.,1 .''—a- A ,t, r ,., ,,r> .y ,i AM.;* ts, ..,p•;•'ra,: '..'�;','R''EDWOOO A}, `IoRESA' C$�,'„Ao.--- (,r�_,�r- ,Ar Awl` . kw :-+Are}..r,.A ,.,, .aAt•-. +Ar7. ,;tr ss ter .:�.1r-..,..r, -- -- r :r•.<:: :"•.• uc- i rY,.sfr...+i tAN! A_,7: .sir ..1t U - A µ' ' - "R rw�1" '+''• '.C'WC, 11 .' =A.''� k - Ar .j Aw tk1 �. . r , i,r & tr 'aA+3. fe'>' c0A "#ram ma' ."_,, �' ..4. ;"'4y ,�► u � u 3oii lar aot"<kk.'fi�C�irri '°••P Jy" "�'' ..:4<kkAl t›.,•r"U+lr' .Ar r. -1 ,i.ya 7.. s.w'.-�° }.r,.e-,,�A^ q �;:n- tom'...;4•-• ram. £ 14'sa „'`Ur „-"tr.y '4tDID AFTER. 180 DAYS r„A,IF.--:r,,'• w '��! ,..t•' r..,.....„.. . , , ""'�. .+4v"...,_ , ✓',� . `,...�: ! .n+• .,, P pa:. "1 Aw.r•.r`cdY<-.4/. !. .-, e-A-z. 1 �"-;,: -.': t d'kr 't x Y�`�e+�Ar` ..,tlw . ► -„ew•�r Ar .e4' EA+r-.. t rk m..A - + :«�e•.A ,..w K <x' :Er: �-Alt�'F'ri41i�.:-wRrw:......,,cAx...��ie.`"-w.�.�Arr...uAlw'•-...wier r+i�w.:>.L...a�.ltiL'�,�AAr «...tAA1.�.�.tAft,w:�'-�.,wAAea'....;,.r.CA,�..,«ee1w.::..rAlu ..,,,LLW- I�.wuAt�...,AA1 � «.w .. 11.0000 19490 211' 1: 1040000 L61: 0 1 5 4 9 98111 % . . k 7 § \ Z. R 2 § 11) / . CD - - \ / 2 ii_ 9 ƒ < -\ '-.k � ƒ � \ . j� ' ` / k k O � �. c/o. _ \coco a -?' § k. ®f / Via. - / 10\ } 1 c o / 20 j n. = 8 ® e_ o 2 9 9Q . / • / §. / § ƒ §. n . . . ( / F m o w .7 p 0, § e . \ . , . . . © • . \ » ' . \ . _ . . \ . ^ \\\2d./\. \ 4: I MICHAEL J. LEHAN Attorney at Law 7132 Pacific Street Omaha, Nebraska 68106 Telephone: (402)397-9559 Facsimile: (402)397-1293 May 30, 2008 President Dan Welch Omaha City Council 1819 Farnam Street, Ste. LC 1 Omaha, Nebraska 68183 Re: T.J. O'Shea Celtic Crossing, Inc., d/b/a Brazenhead Irish Pub 319 No. 78th Street • Omaha,Nebraska 68114 Dear President Welch and Council Members: I will be representing Brazenhead Irish Pub with reference to Item #21 on the City Council Agenda. I am enclosing for your review a letter from Jennifer Simmons, manager of Brazenhead, and copies of pamphlets prepared by my client for review and use by its employees. Brazenhead Irish Pub has been open for almost ten years and has provided the citizens of Omaha with a unique food and beverage outlet. I will be present with the manager at the public hearing to answer any questions you may have. Very truly yours, Michael J. Lehan MJL:gg 1 t / I'. y. �' \ I) v: t • t , IRISH PUB • May 30, 2008 Omaha City Council 1819 Farnam St. Rm LC-1 Omaha, Ne 68102 Dear Councilmen, Enclosed please find correspondence related to T.J. O'shea's Celtic Crossing s g Inc. DBA Brazen Head Irish Pub. Thepurpose of this communication is to better acquaint the Council with Brazen Head's commitment to the responsible purveying of alcoholic beverages. Specifically, g P Y. training materials, policies, and technological resources have enabled management to comprise a comprehensive strategy to effectively abide by and enforce Nebraska state liquor law. Management has and will continue to utilize all resources available to provide a safe law abiding environment for our patrons. Our policies are proactive and innovative. Our comprehensive approach to the responsible purveying of alcohol has evolved over the last decade to better our ability to serve not only our interests, but that of the public at large. Our commitment is sincere and steadfast. Management is proud of Brazen Head's strong reputation in the Omaha community. Our tactical approach to responsible alcohol service is comprised of three specific strategies. Liquor Control Commission Certification - Every employee that is engaging the public on behalf of Brazen Head Irish Pub is required to obtain certification for the responsible purveying of alcoholic beverages. The 3 T9 NORTH 78TH STREET $OMAHA,NEBRASKA 68114 +PHONE 402-393-3731 <*FAX 402-393-3789 1 S I: .A I. I. A ., '" I I I. \ I lY• , IRISH PUB training organization is accredited by the Nebraska Liquor Control Commission and all the employees' certificates are on file with the Commission. Brazen Head Training Brazen Head employees are mandated to attend alcohol awareness training administered by the Brazen Head Management Staff. In addition, employees are required to sign an alcohol awareness policy statement confirming their understanding and subsequent adherence to the policies set forth. ID Authentication/Technology Brazen Head Irish Pub has purchased an ID verification system, which electronically validates and authenticates a driver's license.The system has smart card , magnet strip, and bar code technology which can validate any US state with the exception of Georgia. Please find our training materials, policies, and ID authentication materials enclosed. Thank you for the opportunity to share our commitment to a safe, successful and law abiding environment. Sincerely, 17Y11?G nnifer and Tom immons • 319 NORTH 78TH STREET Q OMAHA,NEBRASKA 68114 .PHONE 402-393-3731 *FAX 402-393-3789 Omaha community. Our tactical approach to responsible alcohol service is comprised of three specific strategies. Liquor Control Commission Certification - Every employee that is engaging the public on behalf of Brazen Head Irish Pub is required to obtain certification for the responsible purveying of alcoholic beverages. The 3 T9 NORTH 78TH STREET $OMAHA,NEBRASKA 68114 +PHONE 402-393-3731 <*FAX 402-393-3789 • BRAZEN b` 11 IRISH PUB • ALCOEHOELss Am/AR N FRONT OF. HOUSE 319 NORTH 7STH STREET •OMAHA, NEBRASKA 681I4 ® PHONE 402-393-3731 ♦FAX 402-393-3789 A. RESPONSIBLE BEVERAGE SERVICE GUIDELINES Unquestionably you are in the best position to make the decision whether or not to serve a patron another drink. It is important to make the right decision. Failure to exercise sound judgment can have severe consequences for all concerned. We all must have an unwavering commitment to serving alcohol responsibly and protecting the safety of our clientele, as well as the public. The reason for including the following material on alcohol-awareness is to provide you with a sound; factual basis to make informed service-related decisions. It is critical to become comfortable exercising your right and obligation to refuse further service to anyone visibly intoxicated and to have the skills to confidently handle this type of situation when it occurs. At the Brazen Head, the primary service rule regarding the sale of alcohol should always be, "When In Doubt, Don't Serve." While this may seem slightly oversimplified, it is the best guideline available. It is important to forego the sale if there is any doubt as to the sobriety of the patron. We can ask more of our staff than to exercise your best judgment in this situation. There is too much at stake to base the decision whether or not to serve alcohol on anything less. It is advisable to keep a mental count of how many drinks a patron has consumed. The number of drinks consumed will provide an approximation of how much alcohol a patron has ingested. This information will prove beneficial • when supporting the decision to refuse further service. Also, never serve an alcoholic drink to someone not yet present. Frequently, two customers will sit down at the bar and order three drinks, one of which is for a third person out parking the car or perhaps in the restroom. In this situation, the bartender should only serve the two patrons present, and wait to prepare the third cocktail until the other person arrives. This_third individual could very well be a minor, or someone already intoxicated. Unfortunately, this is an all too common ploy to illegally obtain alcohol. The management at the Brazen Head Irish Pub will support your decision to refuse further service of alcohol to your customer. This support will make it considerably easier to exercise good judgment and cut off a patron when necessary. In nearly every instance, the server is in a better position than the manager-on-duty to assess a customer's sobriety. Therefore, management should always be willing to support the employee in their effort to refuse further service. Please be appraised that while the management of the Brazen Head will not overrule your decision to refuse further service to a customer, we do however reserve the right to overrule your decision to serve alcohol. Considering the magnitude of what is involved, the safest and most conservative position should always prevail. What makes refusing further service complicated and often intimidating is that alcohol has a destabilizing effect on a drinker's emotional state. It is difficult to anticipate whether a customer will acknowledge the refusal calmly or react in an agitated or belligerent manner. Tact and diplomacy are your two best options. When refusing further service, it is important to avoid using inflammatory language or assuming a 40, judgmental, disapproving attitude. Telling someone under the influence that they are drunk or intoxicated will likely provoke an incident. fie Make an effort to avoid embarrassing the patron by keeping your voice ire' and remaining sensitive to the customer's feelings and predicament. However, be firm about refusing the customer further service of alcohol. Your iell tone should be authoritative without being overbearing or condescending. Regardless of what is said when "cutting off" a customer, the simpler the - approach the easier it will be to intervene in the future. An important part, of intervention training is to be familiar with the approaches that work best and how • to best accomplish the task in the fewest words. The more automatic it becomes to deliver the lines, the more comfortable you'll be when obliged to refuse a patron further service. There are only two moments when a patron can be told he or she is being denied further alcoholic service. Either before or after the person becomes intoxicated. The approach will depend on the customer's level of impairment. Informing a customer that he or she is being refused another drink is much - simpler when done before the person reaches the point of intoxication. The most p` advisable tactic to adopt is to serve the person what will be his or her last drink of the evening and then inform the patron of that fact. For instance, a person orders a drink and you know that it is the last one that can be safely served to the individual that night. When you serve the customer the cocktail, lean forward, and say quietly, "Here you are...drink this one slowly because.it's your last one for tonight." In essence, the person is only being denied future alcoholic service, and is not deprived the opportunity to "nurse" what will be his or her last drink of the evening. This approach will cause little embarrassment for a patron, and will usually not cause a negative response. In addition, it will probably not put your gratuity in jeopardy. Telling someone who is already intoxicated he or she will not be served any more alcohol is a straightforward proposition. In the fewest words possible inform the patron that in your best judgment the person has already had enough to drink and he or she will not be served any more alcohol. There is no need to add any other information to this statement. It is to the point. The message says that it was your decision based on your best judgment. It does not accuse the patron of being drunk. If the statement is delivered properly, it will probably not foster a negative reaction. If the refusal is met with a negative reaction, immediately notify the manager-on-duty, whose 0" responsibility it is to handle these kinds of customer situations. After informing the customer that they are being "cut off," notify the other IS bartender(s) on duty of the refusal of service so they do not mistakenly serve the individual another drink. In this case, miscommunication can be as damaging as inaction. Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a At this time management should arrange alternate means of transportation. The options available are to either call a taxi cab to drive the customer home, or assist the patron in calling a friend or relative to take protective custody, so to speak. It is very important that the intoxicated person not get behind the wheel of his or her car. 4 iss B. . THE BRAZEN HEAD IRISH PUB MANDATORY COURSE IN ALCOHOL AWARENESS The amount of alcohol absorbed into a person's bloodstream and the rate at which it enters the system are the two largest factors affecting intoxication. Essentially, the more alcohol absorbed into the bloodstream, the more negatively impaired an individual will become. Likewise, the faster the alcohol is absorbed into the bloodstream, the more rapidly a person will become intoxicated and exhibit signs of impairment. To be an effective and responsible server of alcohol, it is important you understand how alcohol enters the bloodstream and what factors directly affect the rate of absorption. When a person initially consumes an alcoholic beverage, approximately 2- 4% of the alcohol is absorbed directly into the bloodstream while still in the mouth. It then travels to the stomach where another 10-15% is diffused into the bloodstream through the lining of the stomach walls. The remaining alcohol in the stomach, nearly 82-88% of the total amount initially consumed, passes through the Pyloric junction or valve which is located at the base of the stomach, and enters the small intestine. It is then very rapidly absorbed into the bloodstream. 1.0 CONTRIBUTING FACTORS ON ABSORPTION RATE There are five principle factors which profoundly affect the rate alcohol is absorbed into the bloodstream. • Food —Food will nearly always have a retarding effect on the absorption rate of alcohol. When food and alcohol enter the stomach, the Pyloric valve shuts and will remain closed until the food matter is completely digested. The action of the Pyloric valve keeps the majority of the alcohol away from the small intestine, where the alcohol is most rapidly absorbed in the bloodstream. After the food is completely digest, the Pyloric valve opens, allowing the food/alcohol mixture to then pass into the small intestine. The more food there is in the stomach, the longer this process will take, further delaying the absorption of the alcohol. In addition, some of the alcohol in this mixture passes harmlessly unabsorbed through the small intestine and into the large intestine. Medical studies have shown that when a person drinks with a meal, the rise in blood alcohol concentration is significantly slower and will peak at a lower point. • Type of Food — The type of food ingested will also play a role in the absorption rate. Fatty foods, such as cheese, nuts, or deep fried items, are difficult for the stomach to digest. These foods remain in the stomach for a longer amount of time. The alcohol present will also remain in the stomach, thus further delaying absorption. On the other hand, foods high in carbohydrates, such as pasta, bread, potatoes, rice, and pretzels, are rapidly digested and may actually accelerate the absorption rate of alcohol into the bloodstream. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a alcohol into the bloodstream, the combination will significantly alter the individual's reactions to the alcohol. The mental and physiological effects of alcohol are amplified and accelerated when combined with marijuana, amphetamines, barbiturates, cocaine, and cold or allergy medicines. The sale of two or three drinks to someone under the influence of the aforementioned drugs or medication can rapidly precipitate alcohol-induced intoxication. • Beverage Carbonation — The presence of carbonation in a drink or beverage will expedite the absorption of alcohol into the bloodstream. Products such as draft or.bottled beer, Champagne or sparkling wines, or carbonated mixers have a tendency to induce the Pyloric junction to open prematurely, causing the alcohol in the stomach to pass directly into the small intestine where it is very rapidly absorbed. • Mood or Disposition — A person's emotional state can cause the absorption rate to initially decrease. Emotions such as stress, anxiety, worry, or depression will cause the stomach to excrete a mucus. This mucus will coat the lining of the stomach walls, preventing any alcohol present from being absorbed either through the stomach lining or in the small intestine. As an individual begins to relax, the mucus coating will begin to dissipate, and in turn, the Pyloric valve will relax and open, allowing the critical mass of unabsorbed alcohol to virtually "dump" into the small intestine. This rapid influx of alcohol into the small intestine cause a sudden surge of alcohol to be absorbed into the bloodstream, the effect of which is a dramatic acceleration in intoxication. 1.01 FACTORS AFFECTING BLOOD ALCOHOL CONCENTRATION Once alcohol is absorbed into the bloodstream, it is circulated and distributed to all of the organs and tissues in the body. The alcohol is • diffused into cells in amounts proportional to their water content. Nerves, muscles, and the brain achieve relatively high concentration of alcohol, whereas bone and fatty tissue absorb comparatively little. The higher a person' blood alcohol concentration (BAC), the higher the level of alcohol-induced impairment. It is important that servers have a detailed understanding of the factors that will directly affect an individual's BAC. This knowledge will allow servers to assess each patron's consumption of alcohol and be in the position to anticipate any potential problems before they arise. • Body Size and Weight — The absorbed alcohol is greatly diluted by the body's fluids. In a man of average build, the alcohol in an ounce of distilled spirits is diluted to a BAC of approximately 2 parts per 10,000, or 0.02%. In a larger person, this dilution is significantly increased, causing the BAC to be proportionately less. The converse is true about a person of smaller stature. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a r In addition, the more a person weighs, the more body mass available to absorb the alcohol from the bloodstream. Therefore, the higher the body weight, the less a person's BAC will rise per ounce of alcohol consumed. • Body Type — Due to the fact that fatty tissue will not absorb alcohol, whereas muscle tissue will, a trim and physically fit individual will experience a lower increase in BAC per ounce of alcohol consumed than a person with a higher body fat content. • Gender—Medical research has found that the stomach lining in women is less effective in neutralizing alcohol than the lining in a man's stomach. Women possess smaller amounts of a dehydrogenase, the enzyme responsible for metabolizing alcohol in the stomach. This enzyme deficiency allows more 11111 alcohol to pass through the stomach and eventually into the bloodstream. Consequently, a woman's blood alcohol concentration will rise higher per ounce of alcohol consumed40, than a man's will. • Rate of Consumption — The faster a person consumes an alcoholic beverage, the faster his or her BAC will rise and the more rapidly that person will become intoxicated. • I• ' • Alcohol Content/Potency-the higher the alcoholic content in a 110 beverage, the faster and higher a person's BAC will increase. A 100-proof liquor will more negatively affect a person than.an equivalent amount of 80-proof spirits. The manner in which the alcohol is prepared will also have a profound affect on the potency. For example, a Martini served straight-up is more potent than a Martini served on- the-rocks by virtue of,the dilution by the ice in the glass. When a drink is blended, all of the ice used in its preparation is blended into the drink, rendering it less • potent than a drink served either straight-up or on-the- rocks. The customer will, in actuality, consume more water than alcohol. Finally, because it's prepared using more mixer, a "tall" Highball drink is less potent than one prepared in the regular manner. • Type of Beverage— As mentioned earlier, medical studies have repeatedly shown that distilled spirits will cause a person's BAC to increase at a faster rate, and peak at a higher point, than will the alcohol present in either beer or wine. 1.02 THE PROCESS OF DETOXIFYING Detoxification is the process by which the body eliminates and disposes of any toxic substance in the bloodstream, such as drugs and alcohol. The body begins to dispose of the alcohol immediately after it is absorbed. Between 2-10% of the alcohol in the blood is detoxified as a result of f smaller stature. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a being exhaled, excreted through sweat, and through accumulation in the kidney and elimination in the urine. Upwards of 90% of the absorbed alcohol in the bloodstream is metabolized and disposed of primarily in the liver. The body can detoxify alcohol at a rate of approximately one- ounce per hour, or one 12-ounce beer, or 4 ounces of white table wine. This roughly translate to a BAC decrease of 0.015% per hour. Coffee, cold showers, or pure oxygen will have no discernible affect on the rate of detoxification. The only factor that will affect the sobering-up process is time. (One minor exception is strenuous physical exercise and heavy perspiration). 1.03 THE EFFECTS OF ALCOHOL As a drug, alcohol is classified as a depressant, along with Tranquilizers, barbiturates, and general anesthetics. Its initial reaction on the human physiology, at low BAC's, is varied. In most individuals, it will produce a prevailing sense of calm, tranquility, and well-being. In others, alcohol will act as a stimulant, producing feelings of exhilaration, animation, elation, loss of inhibition, unexpected mood swings, talkativeness, and occasional emotional outbursts. As a person's BAC increases, the alcohol produces a relative state of depression. This depression will deepen with each ensuing drink and can contribute to an individual becoming somber, melancholy, arrogant, boisterous, obnoxious, or even suicidal. • Depending on the exact circumstances and the particular individual in question, a person's BAC will rise approximately 0.016-0.04% per ounce of alcohol consumed. As previously mentioned, an average-sized male will experience a BAC increase of approximately 0.02% per ounce of distilled spirits. An individual's BAC will not peak at its highest level for 15-30 minutes after the individual stops drinking. In addition, the impairing effects of the alcohol will continue to increase approximately 25% for about another hour. Most people will begin showing signs of intoxication at a BAC of 0.05-0.1%, and it is generally accepted that nearly anyone will demonstrate measurable impairment at 0.2% BAC. At a BAC of 0.4% and above, most will be incapable of voluntary functions and anesthetized into unconsciousness. At higher BACs, an individual is highly susceptible to lapsing into a deep coma and may die. Between 0.5-1% BAC, the breathing center in the brain and the action of the heart muscle is anesthetized and death quickly follows. 1.04 VISIBLE INDICATORS OF INTOXICATION The practical reality surrounding the commercial service of alcohol is that the only viable means a server or bartender can employ to determine the level of a patron's alcohol-induced impairment is through direct observation, making note of the recognizable signs of intoxication. smaller stature. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a The effects of drinking alcohol impairs a person's judgment, ability to concentrate, coordination, neuromuscular functions, sensory and reflexes. As a person continues to drink, the gradual effects of the alcohol become increasingly more apparent. These alcohol-' nduced affectations are easily identifiable, and in many cases, they are glaring and obvious. While alcohol will affect people differently, there are four 4 identifiable stages someone passes through when becoming intoxicated. It is imperative that servers and bartenders recognize these observable ' indications associated with each stage of alcohol-induced impairment. It may be the only viable means of gauging a patron's level of intoxication. ' 1 si Stage of Impairment —Noticeable Alteration of Behavior i As alcohol gradually begins to affect the h siolo I begin to lose his or her inhibitions. A p Y gY, a person may emotional and demonstrate sudden and unexpected son may eC mood noticeablyome swings. II Essentially, in this initial stage there is a general relaxation of i patterns. behavior i Visible indicators of this first stage of intoxication may include: y • Reversed personality displays or outbursts; sudden, unexpected s uncontrolled emotional mood wngs; displays of immaturity; excessive profanity; actingan annoying and irritating manner; crude or rude behavior in 44 • Becoming increasingly louder, boisterous, animated, agitated or entertaining; overtly friendly with other customers oriii employees; excessive touching AW • Brooding, detached, solitary or anti-social behavior; leavin a group to drink alone; somber or melancholyg appearance 2nd Stage of Impairment—Temporary Dissociation Alcohol will almost immediately begin affecting the higher brain functions, such as clear thinking, logic, learning, remembering and judgment. As an individual's blood alcohol concentration steadily increases, sensible action and rational thinking will steadily diminish. Visible indicators of this second stage of intoxication may include: • Increased rate of consumption; ordering careless with money, leaving more-potent drinks; , periods; offering to buy drinks for moneyotal strangers for long • Diminished alertness; inability to make fine discriminations; making irrational, unsubstantiated statements • Complaining about drink strength, displays of bravado, confrontational, argumentative,preparation or price; or belligerent behavior aggressive smaller stature. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a 3rd Stage of Impairment — Impairment to Normal Brain Function Alcohol has an adverse effect on brain activity and will diminish reactions and impair normal brain function. As BAC increases, activities which normally require no conscious thought, such as lighting a cigarette or speaking clearly, gradually become more difficult. Visible indicators of this stage of impairment may include: • Loss of concentration and sequence of thought; digressing or trailing off and not finishing sentences • Lessened eye contact; eyes glassy and unfocused; pupils dilated • • Slurred speech; exaggerated or deliberate speech • Difficulty handling cigarettes; lighting the wrong end of a cigarette • Drowsiness; drooping eyelids; excessive yawning 4th Stage of Impairment —Loss of Dexterity and Muscle Control As the alcohol in the bloodstream gradually affects the central nervous system, a person's coordination will steadily deteriorate and diminish to the point where simple tasks become challenging. Hand/eye coordination, dexterity, and motor functions are severely impaired. Visible indicators of this fourth stage of intoxication may include: • Increased clumsiness in handling small objects like coins, lighters and cigarettes • Spilling drinks; inability to find mouth with the glass • Difficulty maneuvering around furniture; loss of balance; lessening ability to stand or sit upright • Unsteady gait; weaving, swaying, stumbling, staggering rofanity; actingan annoying and irritating manner; crude or rude behavior in 44 • Becoming increasingly louder, boisterous, animated, agitated or entertaining; overtly friendly with other customers oriii employees; excessive touching AW • Brooding, detached, solitary or anti-social behavior; leavin a group to drink alone; somber or melancholyg appearance 2nd Stage of Impairment—Temporary Dissociation Alcohol will almost immediately begin affecting the higher brain functions, such as clear thinking, logic, learning, remembering and judgment. As an individual's blood alcohol concentration steadily increases, sensible action and rational thinking will steadily diminish. Visible indicators of this second stage of intoxication may include: • Increased rate of consumption; ordering careless with money, leaving more-potent drinks; , periods; offering to buy drinks for moneyotal strangers for long • Diminished alertness; inability to make fine discriminations; making irrational, unsubstantiated statements • Complaining about drink strength, displays of bravado, confrontational, argumentative,preparation or price; or belligerent behavior aggressive smaller stature. • Use of Drugs or Medicines - While the simultaneous use of drugs or medicines and alcohol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a 411 C. PREVENTING SERVICE OF ALCOHOL TO MINORS One of the most serious problems facing eating and drinking i" establishments is the service of alcohol to minors. More specifically stated, the actual problem is ensuring that anyone under the legal drinking age is denied service of alcohol. 1.1 The gravity of the situation cannot be overstated. To compound the 101 4111 problem, bartenders, cocktail servers, and food servers have a natural aversion toward insisting on ID prior to serving alcohol. Checking identification is a 10 'clumsy, unpleasant, and time-consuming procedure. In addition, there is always the possibility that a customer will become defensive and confrontational. There are severe legal ramifications for serving alcohol to a minor. If nothing else, self-preservation dictates that we institute strict policies and procedures to prohibit underage patrons from purchasing and consuming alcohol on the premises. 1.05 IDENTIFYING MINORS It is the policy of the Brazen Head Irish Pub to card everyone ordering ' alcohol who appears younger than 30 years old. Bartenders and servers need to possess the ability to quickly and reliably spot a person who might be under the legal drinking age. While looks can be deceiving, and many people appear 'S younger or older than their years, there are several guidelines to consider when estimating a person's age. • Type of Apparel -- Younger people often wear clothes imprinted withwoo' I the name of a college or University, musical group, or sports team. Minors frequently wear high school rings, ID bracelets, trendy watches and "pop"jewelry. • Physical Appearance — A generally youthful appearance, bad complexion, and trendy hairstyles might suggest someone in his or her late teens or early twenties. Exhibitions of immature behavior could also indicate that a person is under the legal drinking age. • Drinking Habits—Individuals under the legal drinking age are likely to sit in corner booths or in dark area near the back of the house so as to avoid being conspicuous. They are more likely to attempt to purchase alcohol early in the evening or late at night and invariably pay with cash. Because they have limited drinking experience, minors often order draft or bottled beer, or basic drinks such as Rum and Coke, Tequila Sunrise, Seven & Seven, etc. • Presenting Identification — Usually minors won't bring along a purse or wallet and will only have one piece of ID, this to avoid being placed in the position of having to produce a second piece of identification. • Costumes and Make-up — Halloween and costume parties pose singular problems with respect to age identification. Masks and heavy use of theatrical make-up can make people look older than their years. Formal attire, make-up, and jewelry can also contribute to a person ol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a appearing older, making New Year's celebrations and wedding receptions particularly challenging. 1 .06 HOW TO REQUEST PROPER IDENTIFICATION On busy nights when we employ doormen to work at the front entrance, the fact that an individual was carded at the door does not alleviate you from your obligation to ensure the person is of legal drinking age. If in doubt, ask for ID. When carding someone, the simplest approach is the best, something to the effect of, "I need to see ID before I can serve you alcohol." If the person balks, a good response would be, "Sir, it's the law", or "It's management policy." The delivery of these lines should be fluent and automatic. There is no need for extra dialogue or apologies, both of which only tend to complicate matters. Request that ID be removed from wallets or other similar enclosures. Once the patron has offered identification, check the date of birth and verify the individual is of legal drinking age. Compare the photo on the piece of identification with the presenter's actual appearance. When in doubt about the authenticity of the identification, ask the person information off of the ID. If still not satisfied, request a second piece of identification. 1.07 ACCEPTABLE FORMS OF IDENTIFICATION AND SPOTTING FAKE IDS A piece of identification must contain a picture of the bearer to be considered legally acceptable for the service of alcohol. There are primarily four acceptable forms of identification: a valid state-issued driver's license; a state-issued Identification Card; a United States Military ID; and a valid United States passport. University/college picture ID's, bankcards, and credit cards are not acceptable forms of ID for assessing legal drinking age. Legal pieces of identification are usually laminated, tamper-proof and issued by a bona fide government agency. They provide a complete physical description of the bearer. Any piece of ID must be signed to be considered legally acceptable. Most fake or altered Ids are doctored such that they will pass visual inspection under normal lighting conditions. The fastest and surest means of detection is to use backlighting. Shining a flashlight through the item from the underside will quickly reveal alterations. Drivers' licenses are the most frequently altered or fraudulent form of ID. The following points are. important to check when inspecting a driver's license: • Picture — Look for: proper quality of lighting (balanced lighting/few shadows); clarity of focus (image not blurry); proper subject centering (person in middle of the frame/upper torso on up); background in photo inconsistent with normal ems with respect to age identification. Masks and heavy use of theatrical make-up can make people look older than their years. Formal attire, make-up, and jewelry can also contribute to a person ol will not actually increase the absorption rate of • Your role in the procedure ends when the owner or manager-on-duty is informed of the situation. It is then up to management to see that the situation is handled correctly, allowing you to resume your duties. e or assuming a government issue (not solid color or photographic screen); non- 4 standard posing (head should be erect and eyes looking forward); picture should be flush with license (feel for raised edge around photograph). • Laminate — Look for cracks, splits, cuts, or open edges; over- sized laminate (standard laminate no more than Vs inch past • edge of document); laminate trimmed unevenly/crooked. • Printing — Look for printing not straight; type appears photocopied versus printed (look for obvious photocopying on back of license); blurry edges on type face; multiple type sizes or faces. • Miscellaneous — Look for newness of ID (fake IDs are more • likely to appear new); if not laminated, feels like photo film paper (look on back for manufacturer's name — Eastman Kodak, Fugi, etc.); surname used on bogus IDs are usually easily pronounced (common names are easier to remember). egal drinking age. Compare the photo on the piece of identification with the presenter's actual appearance. When in doubt about the authenticity of the identification, ask the person information off of the ID. If still not satisfied, request a second piece of identification. 1.07 ACCEPTABLE FORMS OF IDENTIFICATION AND SPOTTING FAKE IDS A piece of identification must contain a picture of the bearer to be considered legally acceptable for the service of alcohol. There are primarily four acceptable forms of identification: a valid state-issued driver's license; a state-issued Identification Card; a United States Military ID; and a valid United States passport. University/college picture ID's, bankcards, and credit cards are not acceptable forms of ID for assessing legal drinking age. Legal pieces of identification are usually laminated, tamper-proof and issued by a bona fide government agency. They provide a complete physical description of the bearer. Any piece of ID must be signed to be considered legally acceptable. Most fake or altered Ids are doctored such that they will pass visual inspection under normal lighting conditions. The fastest and surest means of detection is to use backlighting. Shining a flashlight through the item from the underside will quickly reveal alterations. Drivers' licenses are the most frequently altered or fraudulent form of ID. The following points are. important to check when inspecting a driver's license: • Picture — Look for: proper quality of lighting (balanced lighting/few shadows); clarity of focus (image not blurry); proper subject centering (person in middle of the frame/upper torso on up); background in photo inconsistent with normal ems with respect to age identification. Masks and heavy use of theatrical make-up can make people look older than their years. 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