Ask the Experts: Preventing Liquor Code Violations
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Q: Is my business at a greater risk of Liquor Code Violations while operating with limited staff?
A: The short answer, yes. Staffing issues are leading to an uptick in mistakes made by employees when it comes to compliance, leaving businesses at greater risk of Liquor Code Violations. Staffing shortages have left operators scrambling to recoup losses. When employees feel overworked, it often causes them to take shortcuts just to make it through the day. Understanding that employees are burnt out, operators with liquor licenses must take extra precautions to protect their business from violations by making sure staff is properly trained.
A: The short answer, yes. Staffing issues are leading to an uptick in mistakes made by employees when it comes to compliance, leaving businesses at greater risk of Liquor Code Violations. Staffing shortages have left operators scrambling to recoup losses. When employees feel overworked, it often causes them to take shortcuts just to make it through the day. Understanding that employees are burnt out, operators with liquor licenses must take extra precautions to protect their business from violations by making sure staff is properly trained.
Here is an example and a reminder that, especially in these times. training and compliance are essential.
A small business has an excellent record of compliance with local law enforcement and the MLCC. This licensee has passed many controlled buy operations over the years. A controlled buy operation is when a law enforcement agency sends an underage decoy into the establishment to attempt to buy alcohol.
In this case, the server was a young woman who had been at the restaurant for many years. A loyal and trustworthy employee doing her best to keep the small business going as one of the only servers. Without thinking, she sold to a minor, without asking for ID in a controlled buy operation. The ramifications for the licensee and the server when failing to follow procedures are severe.
The licensee was issued a complaint under the Liquor Code for selling to a minor. The server was issued a misdemeanor violation which she must deal with in the District Court.
How to Avoid Violations
While it may be the last thing on licensees’ minds right now, training and up-to-date certifications are more important than ever. While employees may be coming and going, you must remember that your liquor license is the most valuable asset of your business.
All liquor licenses should take time to do the following:
A small business has an excellent record of compliance with local law enforcement and the MLCC. This licensee has passed many controlled buy operations over the years. A controlled buy operation is when a law enforcement agency sends an underage decoy into the establishment to attempt to buy alcohol.
In this case, the server was a young woman who had been at the restaurant for many years. A loyal and trustworthy employee doing her best to keep the small business going as one of the only servers. Without thinking, she sold to a minor, without asking for ID in a controlled buy operation. The ramifications for the licensee and the server when failing to follow procedures are severe.
The licensee was issued a complaint under the Liquor Code for selling to a minor. The server was issued a misdemeanor violation which she must deal with in the District Court.
How to Avoid Violations
While it may be the last thing on licensees’ minds right now, training and up-to-date certifications are more important than ever. While employees may be coming and going, you must remember that your liquor license is the most valuable asset of your business.
All liquor licenses should take time to do the following:
- Provide proper training: Make sure that all employees who sell or serve alcohol are regularly trained. The MRLA offers one of the best MLCC-approved training programs in the state through their ServSafe Responsible Alcohol program. Employees should possess valid training cards when serving alcohol. It falls on you as an operator to keep track of which employees are up to date on their certifications. Even though the Liquor Code only requires “supervisory personnel” to be trained, the best practice is to have all employees who sell or serve alcohol trained. Save the training cards in employee personnel files.
- Schedule pre-shift meetings: These meetings may seem insignificant but could save your business thousands of dollars in potential fines and violations. Meet with your staff at the start of their shift to remind them of the training they have received and the importance of following the best practices. Owners, managers and all other staff should work as a team to make sure these practices are being followed. The more reminders you give your team, the better off they will be.
- Utilize written policies: Every licensee should have a written policy for employees to read and sign regarding Liquor Code compliance. This policy should have the employee acknowledge the rules and state that the employee can be terminated for any violation. Save the written policy in employee personnel files.
Current MLCC Stance on Violation History
If you are thinking of opening a new business, all violation history will follow you. The current Commission is very strict about the consideration of violation history. This means that if you have a serious violation on your record in the past 2 or 3 years, any new application is likely to be denied.
There is no magic wand solution to this dilemma. I encourage businesses to rely on their basic values and to give employees the training tools to ensure success. The importance of proper training and utilizing best practices should not be taken lightly.
Current MLCC Stance on Violation History
If you are thinking of opening a new business, all violation history will follow you. The current Commission is very strict about the consideration of violation history. This means that if you have a serious violation on your record in the past 2 or 3 years, any new application is likely to be denied.
There is no magic wand solution to this dilemma. I encourage businesses to rely on their basic values and to give employees the training tools to ensure success. The importance of proper training and utilizing best practices should not be taken lightly.
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