In some states bar owners and bartenders can be held liable for overserving patrons. The legal term for this is Dram Shop Law which is named because liquor used to be sold by the dram, a small amount of liquid. Here are some examples of settlements due to bars’ overserving:
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| From http://www.slootskylaw.com/might-bar-liable-serving-alcohol/ |
Maryland currently does not have a dram shop law (click here) that holds bartenders and businesses liable. In lieu of Dram Shop law however, Maryland mandates that bar owners attend a Techniques of Alcohol Management class before a license is issued. This is the State of Maryland’s CYA way of saying “If something bad happens, you can’t sue us because we trained the bar owner/tender to not do that.” Anyone working behind the counter at Buzzy’s Country Store has attended the TAM class. (Kayla is scheduled for next week which is what sort of sparked my thoughts on this subject.) The TAM requirement is that only the business owner must attend the class, but I prefer that all folks attend even though it’s a $70 per person charge for the four hour class.
Every year a Dram Shop bill is introduced in Annapolis. The Maryland Licensed Beverage Association, of which I am a card carrying member, successfully lobbies elected officials to not pursue such legislation. Thus, when I hear gun control folks discuss holding gun producers and gun shop owners liable for mishaps with guns, I can understand the reasoning because in a way, I’m in the same boat with respect to the alcohol issue.
However, it does bring up the point that if some states are holding bar owners/tenders liable for bad consequences after selling liquor to their consumers, why do gun shop owners, who sell guns to someone who maybe shouldn’t be buying one, get a pass? The answer has to do with a 2005 law Congress passed exempting the firearms industry from any such lawsuits (click here.) Maybe the liquor industry needs to consult with the NRA boys.
This song has been covered by some other folks under the title Whiskey and a Gun but I like Magie’s version here:
