MOUNT VERNON — Ohio law prohibits the sale of alcohol to an intoxicated person and provides that the seller is liable for the results of such a sale.
Yet at the same time, the law is not specific about what places that sell alcohol have to do to prevent such sales. As a result, businesses develop their own procedures about dealing with such situations. Based on a sampling of a few local establishments, those practices are remarkably similar.
“The law states that permit holders cannot sell to intoxicated persons, but how that is determined and what specific action is to be taken is not addressed,” said Matt Mullins, public information officer with the Ohio Department of Liquor Control. “Permit holders are private businesses that must know the regulations governing them, and understand how they should be applied. In addition, permit holders are often advised by their own legal counsel on potential criminal and civil liabilities associated with the operation of the business.
“While the regulations do not provide specific instruction, the division encourages all permit holders to use common sense and take appropriate action to protect their patrons and the community.”