Liquor License Disorderly House Accusation in California

A disorderly house in California is a liquor-license premises that disturbs the neighborhood or is maintained for purposes that are injurious to public morals, health, convenience, or safety. A liquor license outlet that: (a) disturbs the neighborhood with noise, loud music, loitering, littering, vandalism, urination or defecation by patrons, graffiti, etc.; or (b) has many crimes ongoing inside, such as drunks, fights, assaults, prostitution, narcotics, etc. The liquor license premises include the parking lot (and 20 feet of sidewalk in some cases). (Calif B&P Code 25601 and 24200). Our guest is a former California Alcoholic Beverage Control executive, Lauren Tyson. [spp-featured-image] Liquor License Regulations What kind of liquor license establishments can be considered a disorderly house in California? How does a business operating as a disorderly house affect the neighborhood and local law enforcement? Is a liquor license owner in California responsible for patron conduct in the parking lot and front sidewalk? How does the State Department of Alcoholic Beverage Control learn about crime and nuisance complaints? How are liquor license owners notified about disciplinary actions against their licenses? Does a disorderly house accusation affect future liquor license suspension or revocation actions? What is the most common cause of a disorderly house accusation? What does California law say about selling alcoholic beverages to an intoxicated customer in a licensed establishment? What are some of the physical signs a person shows when they are intoxicated? What is the difference between obvious intoxication and legal intoxication? What does BAC mean?  (e.g., Blood Alcohol Content) What methods are available to count the number of drinks served? Should a bar use a BAC chart for training on how to estimate intoxication? Should a bar or nightclub allow patrons to reach .08 BAC? What if a bar patron isn’t driving? Can they drink past .08 BAC? How can a bar prevent a patron from reaching .08 BAC? Can an alcoholic beverage server sell to an obviously intoxicated person if on foot? May an intoxicated patron be permitted to enter or remain in a licensed establishment? Is a server responsible for knowing a patron’s BAC level? Use the CARE system to avoid over-serving bar patrons C = Counting the number of standard-size drinks A = Be attentive to patron consumption, mood, and changes in behavior R = Rating your guest's sobriety level (green, yellow, red) E = Executing your duty to serve alcoholic beverages responsibly BAC chart (e.g. 160 lb. man takes 3 standard drinks to hit .07 BAC) What is considered to be a standard drink in California? Are alcoholic beverage servers required to know how many standard drinks are in each drink they serve? Do large drinks and multi-liquor drinks increase BAC at a faster rate? What factors affect levels of intoxication? Should liquor license owners be required to act as “My Brother’s Keeper”? Why is having an adequate number of trained staff important? Does the server's job include taking care of the obviously intoxicated patron? Do other states have the same or similar liquor license laws? How do liquor control agents or local law enforcement officers investigate and enforce liquor law violations? What drives ABC investigations, undercover, and task force work? Did you use undercover investigators to prove actual notice of a violation to bar staff? Recommends having a security plan ready to defend a disorderly house accusation at the hearing. About our Guest Lauren C. Tyson Lauren C. Tyson Lauren Tyson is the CEO and founder of Tyson Liquor License Consulting, located in Murrieta, California. She consults with licensed establishments on how to prevent and manage alcohol-related risks, either before or after an incident. Lauren is a court-qualified standard-of-care expert witness in civil lawsuits where a licensed establishment is involved. She was a sworn investigator and District Administrator for the California Department of Alcoholic Beverage Control for 29 years. She worked in undercover enforcement. Lauren developed and managed the Licensee Education on Alcohol and Drugs (LEAD) alcohol server training program. Current projects include an online alcohol server training course, which is due out by the end of the year for on-sale establishments. She is also writing a book on the subject of liquor liability. Resource Links Mentioned During this Episode Tyson Liquor License Consulting – Lauren Tyson. Licensee Education on Alcohol and Drugs - LEAD program, California. National Institute on Alcohol Abuse & Alcoholism. Pacific Institute for Research & Evaluation. Alcohol Epidemiology Program (AEP), the University of Minnesota. 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