A dram shop law is a law that imposes liability on a drinking establishment, for example, a bar or tavern, that serves alcohol to patrons who are already visibly or obviously intoxicated. These laws provide that drinking establishments may have to pay damages to third parties who are injured as a result of the establishment over-serving a patron.
In addition, while serving alcohol to a minor is already illegal, dram shop laws place additional penalties on bars serving alcohol to minors. The State of Florida has a dram shop law, Florida Statute 768.125.
However, it is important to note that this is unlike most dram shop laws because it almost completely restricts the liability of establishments selling and serving alcohol. This means that the dram shop laws in Florida are considerably limited in terms of their scope and application.
Under Florida law, individuals or businesses that sell alcohol will, in general, not be held liable for damages or injuries that are caused by a drunk individual to whom they sold alcohol. This is especially true for liquor stores, as it is difficult to show that the store was the actual cause of the injuries sustained by a third party.
There are, however, two exceptions to this rule under which a Florida business can be held liable, including:
- The sale of alcohol to a minor: Florida bars and taverns will be held strictly liable for injuries caused by the sale of alcohol to an individual who is under 21 years of age;
- Strictly liable means that the employee is not required to have any knowledge that the individual was a minor at the time that they sold the alcoholic beverage in order to be held accountable;
- The sale of alcohol to a person who is known to be habitually addicted to alcohol: Establishments will be held liable if they serve alcohol to an individual who is known to have a history of addiction to alcohol. Courts have held that these individuals create a foreseeable risk of injury because they lack the capability to make responsible decisions regarding drinking alcohol.
If a drinking establishment cannot be held liable under civil laws, there may be other consequences under Florida criminal laws. One example of this is if a business owner is negligent or reckless in serving or selling alcohol, criminal charges may be filed against them.
If an individual has any questions regarding Florida’s dram shop laws, they should consult with a local Florida lawyer.
What Is a Liquor License?
Liquor licenses are legal documents that allow businesses to serve or sell alcoholic beverages in the state in which they are located. Liquor laws are regulated by the federal government, state government, and local governments.
Liquor licenses regulate:
- The cost of alcoholic beverages;
- Where specifically alcohol can be sold;
- How much alcohol can be sold to how many individuals;
- Who is allowed to buy alcohol; and
- Exactly when alcohol can be served.
The process of obtaining a liquor license can be considerably extensive and time-consuming. The application itself may be expensive, depending on where an owner is opening your business.
In addition, it is common for cities and towns to limit the number of establishments that are permitted to use these licenses at one time, referred to as a quota. The first step in applying for a liquor license is submitting the application to the city government.
Typically, this application will be reviewed in a meeting that is open to the public. Individuals who attend this town meeting can voice their opinions of the application as well as discuss it with the city council.
Once the local government reviews the liquor license application, it will be submitted to the state for review. If the state government approves the application, a liquor license will be awarded to the business or restaurant.
It is important to be aware that not all applications for liquor licenses are approved. For example, if the location has met its quota for businesses that are allowed to sell alcohol, the application may be rejected.
In addition, there are several state and local officials that review each application. This means that if one item is out of place, it may have a negative impact.
One example of this would be if a business has a record of overdue fees or taxes; it is less likely that the business would be able to obtain a liquor license. At a minimum, these types of issues could seriously delay the process of being awarded a license.
Because each state has its own liquor laws, each state will require a different license. There are certain areas in which a standard liquor license is used, which includes all types of alcohol sales that are specific to that state.
It is more common, however, for the license to distinguish whether a business is permitted to sell alcohol that is to be consumed on the premises or off the premises. In addition, it is common for cities to separate liquor from other alcohol sales.
One example of this would be how, if a restaurant serves only wine and beer, they may need a beer and wine license instead of an actual liquor license. There are some states that require a specific category of liquor license, depending on the nature of the business, such as:
- Clubs;
- Hotels;
- Restaurants; and
- Companies that deliver alcohol.
Typically, retail stores selling alcohol typically require a retail license, including:
- Liquor stores;
- Supermarkets;
- Convenience stores.
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What Are the Serving Laws in Florida for Alcohol?
Under Florida’s alcohol laws, an individual can purchase wine, beer, and liqueurs in Florida and at convenience stores, supermarkets, and retail stores. Liquors are sold in retail package stores.
Some locations can sell alcohol at any time, while others do not sell between the hours of 1:00 a.m. and 7:00 a.m. It is important to be aware that the local laws may vary by county.
What Happens When Liquor Laws Are Violated?
There are numerous laws and regulations that businesses are required to follow when they have a liquor license. One example of this is that once a business has obtained a liquor license, it must maintain and renew that license regularly.
Selling or serving alcohol without a valid license may result in loss of the business or jail time. In addition, when the business tries to renew its license, it may be required to pay additional fees.
Some of the potential consequences for violating liquor laws include, but may not be limited to:
- Selling a type of alcohol that is not covered by the business’s liquor license;
- Selling alcohol to an underage person;
- Bartenders over-serving customers;
- Allowing individuals to take open containers off the premises;
- Allowing employees to drink excessively following their shift.
If a business violates the terms of its liquor license, it will receive an accusation. This is a formal document that informs the business owner of the laws that have been violated.
The accusation requires an owner to attend a hearing with the state’s alcohol-controlling agent. Afterward, a court will determine if the terms of the license were actually violated, as well as whether any disciplinary action should be taken.
If the court determines that a business has violated the terms of its license, it may impose a series of consequences on the business. A violation typically results in the revocation of the business’s liquor license, which may be permanent in some cases.
One example is that it is common for restaurants that sell alcohol to individuals under the age of 21 to lose their licenses permanently. The business, however, may be able to have its license restored after certain conditions are met.
In addition, fines and fees may be ordered, or they may be the only disciplinary action that a court imposes.
What Is the Statute of Limitations on a Dram Shop Claim?
Similar to other personal injury lawsuits, cases based on dram shop laws must be filed before the statute of limitations expires in Florida. An individual’s injury case in Florida must be filed within four years of the date of their injury.
Do I Need a Lawyer For Help With Florida Dram Shop Laws?
If you were injured by an individual who was served alcohol in Florida, it is important to consult with a personal injury lawyer. You might be the individual who served the alcohol or the owner of the business. If you are, it is important to consult with a Florida business attorney.
A dram shop violation is a serious legal issue. Your lawyer can help you prepare your personal injury lawsuit or defend you against a dram shop-based lawsuit that is filed against you.
