IN Alcohol Server cheat sheet

The Indiana Alcohol and Tobacco Commission (ATC) administers Title 7.1 of the Indiana Code and its administrative rules in Title 905 of the Indiana Administrative Code; it issues permits, inspects premises, and brings administrative charges.

The ATC has five members: three appointed by the Governor, one by the President Pro Tem of the Senate, and one by the Speaker of the House; members serve four-year terms, and the Governor designates the chair.

The ATC's enforcement division is the Indiana State Excise Police, whose officers may enter permitted premises at any time during business hours, inspect records and stock, and cite violations.

Permit types include beer (B), wine (W), liquor (L), beer and wine (BW), beer, wine and liquor (BWL), dealer, and transferor permits; each permit authorizes only the categories of alcohol it names.

A permit expires annually; renewal applications and fees are due to the ATC, and operating on an expired permit is a violation that can lead to revocation or a fine.

Indiana legal drinking age is 21; a person under 21 may not possess, consume, or transport alcoholic beverages except in narrow statutory exceptions such as employment-related handling under the supervision of a permit holder.

Legal hours of sale: alcohol may be sold and served Monday through Saturday from 7:00 a.m. to 3:00 a.m. the following day; on Sunday, sales may occur from 12:00 noon to 8:00 p.m. where the permit allows Sunday sales.

A permit holder may not sell alcohol to a visibly intoxicated person, may not sell to a person under 21, and may not sell on credit; a violation can result in a fine, suspension, or revocation of the permit.

The ATC may impose civil penalties up to $1,000 per violation and may suspend or revoke a permit; violations are also subject to criminal prosecution in the courts.

Acceptable proof of age in Indiana includes a valid driver's license or identification card issued by any state, a U.S. military ID, a U.S. passport, and a passport issued by a foreign government.

A person who appears to be under 21 must be asked for identification; the server should examine the ID, compare the photograph, and verify the date of birth.

The legal drinking age is 21; a person born on or before today's date 21 years ago is legally old enough to purchase alcohol.

An ID that is expired, altered, borrowed, or lacks a photograph should be refused; the server should not accept a photocopy or a digital image as proof of age.

Indiana law allows a permit holder or employee to confiscate a fraudulent ID and turn it over to law enforcement; the server should document the incident.

A person under 21 who attempts to purchase alcohol using a false ID may be charged with a criminal offense; the server should refuse the sale and notify a manager.

Indiana's 'Good Samaritan' provision for servers who reasonably rely on a valid ID does not protect a server who fails to check an ID when the person appears under 21.

The ATC may conduct compliance checks using underage operatives; a sale to an operative results in a citation even if the server believed the operative was of age.

Signs of intoxication include slurred speech, bloodshot eyes, poor coordination, unsteady gait, aggressive or loud behavior, and slowed reaction time.

A standard drink in the U.S. contains about 0.6 fluid ounces of pure alcohol: 12 oz of regular beer at 5% ABV, 5 oz of wine at 12% ABV, or 1.5 oz of distilled spirits at 40% ABV.

The body metabolizes alcohol at roughly one standard drink per hour; serving faster than that rate increases blood alcohol concentration.

Blood alcohol concentration is affected by body weight, sex, food intake, hydration, and time; a smaller person reaches a higher BAC from the same number of drinks.

A server should stop serving a patron who shows signs of intoxication and should offer food, water, and a safe ride home.

Indiana law prohibits sale to a person who is visibly intoxicated; the server's observation of the patron's behavior is the basis for the decision.

A patron who has been drinking before arriving may already be intoxicated; the server should assess the patron at the door and monitor throughout service.

Serving multiple drinks at once or serving doubles increases the risk of over-service; the server should pace service and check in with the patron.

When refusing service, the server should state the refusal clearly and calmly, avoid arguing, and offer alternatives such as food, water, or a ride.

The server should not physically restrain a patron; if a patron becomes threatening, the server should call a manager or law enforcement.

A refusal should be documented with the time, the patron's description, the reason, and the name of the employee who refused.

The server should notify other staff and the manager so that the patron is not served by another employee.

If a patron refuses to leave, the server may ask the patron to leave the premises; if the patron refuses, law enforcement may be called for trespass.

The server should avoid accusing the patron of being drunk; instead, the server can cite the establishment's policy and the legal requirement not to over-serve.

The server should ensure that an intoxicated patron does not drive; the server may offer to call a taxi, a rideshare, or a friend.

The server should keep a written record of the incident and any steps taken to prevent the patron from driving.

Indiana's dram shop statute, Indiana Code 7.1-5-10-15, imposes civil liability on a permit holder who sells alcohol to a person who is visibly intoxicated or to a person under 21, when that person then causes injury or damage.

A server who sells to an intoxicated patron may face criminal charges under Indiana law and may be named in a civil suit.

The ATC may fine a permit holder up to $1,000 per violation and may suspend or revoke the permit; repeat violations can lead to harsher penalties.

A permit holder may be liable for the acts of its employees; training and written policies help demonstrate due care.

Indiana law provides a defense for a permit holder who reasonably relied on a valid ID showing the person was of age, but the defense does not apply if the ID was obviously altered or the person was visibly intoxicated.

A person injured by an intoxicated patron may sue the permit holder under the dram shop statute; the permit holder may also face a claim for negligent training or supervision.

Serving a minor can result in a criminal charge for the server and a civil penalty for the permit holder; the ATC may also require additional training.

The permit holder should maintain records of training, incident reports, and ID checks to support a defense in an enforcement or civil action.

A written alcohol policy should state the legal age, the ID-check procedure, the refusal procedure, and the consequences for employees who violate the policy.

The server should check IDs for every patron who appears under 21 and should record the ID number and date of birth in the establishment's log.

Incident reports should include the date, time, location, patron description, witnesses, actions taken, and the name of the manager notified.

The establishment should maintain a training log showing each employee's completion of alcohol server training and the date of the training.

The server should monitor the premises for signs of intoxication, underage drinking, and drug use, and should report concerns to the manager.

The establishment should offer food and non-alcoholic beverages, provide water, and arrange safe transportation for patrons who have been drinking.

The server should not serve alcohol to a patron who is already intoxicated, and should not serve multiple drinks to a patron at one time.

The establishment should keep a current copy of its permit and any required signage, such as the notice that alcohol will not be served to persons under 21, posted where patrons can see it.

The manager should review incident reports and training records regularly and should update the alcohol policy when laws or procedures change.