State 'visibly intoxicated' law test bars
Ben Quick
March 24, 2002
By ANDREW R. HICKEY
In the eyes of the state, it's against the law to serve alcohol to a
"visibly intoxicated person."
That, coupled with trying to run a successful business, is a hefty
responsibility for tavern owners and staff. But it's a rule to be adhered
to, according to the state's Liquor Control Board.
A Perkasie, Bucks County, establishment is under the microscope of State
Police Liquor Control Enforcement to see if a Sellersville man was "visibly
intoxicated" when he was served alcohol Dec. 2, said Tom Heffner, a Liquor
Control Enforcement supervisor.
The South Perkasie Hotel, commonly known as the Perk, has been the target of
the investigation since shortly after 21-year-old Matthew Cressman left the
bar, got behind the wheel of his Pontiac Grand Prix and wound up killing
himself and three others in an explosive crash, Heffner said.
Cressman was speeding along Ridge Valley Road in West Rockhill at about 3
a.m. Dec. 2 when the vehicle went out of control on a westbound curve. The
Pontiac caromed off a telephone pole, hit a tree head on and burst into
flames, Pennridge Regional Police said.
Moments later, the Grand Prix exploded, killing Cressman and his three
passengers -- Ty R. Myers Jr., 21, of East Rockhill; Kevin Waite, 22, of
Sellersville; and Heather Rogers, 21, of West Rockhill. All were Pennridge
High School graduates.
Weeks after the crash, Bucks County Coroner Dr. Joseph Campbell said
toxicology results showed Cressman's blood-alcohol content was 0.24
percent -- more than double the legal limit -- and his blood tested positive
for marijuana use.
Witnesses and friends of the four victims have said that Cressman, Myers,
Waite and Rogers were at the Perk prior to the crash. Those connected with
the establishment have repeatedly declined comment since the investigation
began.
Proving whether the "visibly intoxicated person" law has been breached is no
simple task, said Molly McGowan, spokeswoman for the state's Liquor Control
Board.
"It's a complete judgment call," she said.
McGowan said everyone exhibits different signs of alcohol impairment, but
there are certain "common-sense" things for which a bartender can look.
"Some of the things we tend to look for are (the patron) getting loud -- any
change in behavior," she said. "Also, looking at a person's eyes and
listening to their speech, you can usually tell."
Slurred speech, loud talking or yelling, foul language, staggering,
bloodshot or glassy eyes, and violent acts are telltale signs, McGowan said.
But the opposite is true in some drinkers, she noted.
"Other people can become really quiet when they've had too much to drink,
almost sedated, so it's not always the same signs," McGowan said.
Still, it is all up to the server to make that determination, McGowan said.
Like the sign in most taverns reads, they "reserve the right to refuse
service."
"There aren't any hard-and-fast rules when it comes to this sort of thing,"
she said. "The best thing a server can do is keep an eye on how much people
are drinking and determine from there."
Heffner, too, noted that the law can be interpreted in various ways.
"From the law, you have to ascertain what they mean by what constitutes a
visibly intoxicated person," he said. "It's all in the mind of the person
serving. If you don't display any signs and you are drunk, you're probably
going to get served."
Heffner let a small chuckle leak out while pondering whom the laws are
designed to protect -- the bars or the drinkers.
"Which person is the guiltiest -- the bar or the drinker?" he asked. "When
do people become responsible for themselves? Currently, there's no law
that's going to protect everybody."
But, McGowan said, a bar can be held responsible if a drunken person leaves
the establishment, gets behind the wheel and causes a DUI crash.
"They could be liable," she said. "It's all up to what witnesses saw and
what happens in court."
Attorney Patrick J. McMenamin Jr. said the statute is clear: The bar can be
held liable for a third-party's injury or damage if a patron crashes while
drunk after leaving an establishment.
"There is a level of responsibility they have to exercise to ensure public
safety," he said. "There's civil liability on the part of the bar."
A violation of the statute, McMenamin said, shows "negligence per se," which
can be proven with witness statements.
"The bar is on the hook for whatever damage the third party suffers," he
said. "It's really just a civil suit if they can establish that the
bartender knew or should have known."
The trouble in proving a case of this nature lies in those witnesses,
McMenamin said.
"I think the big problem with these cases is that a lot of people don't want
to hang the bar out to dry," he said.
To combat possible penalties, a bartender or owner can encourage the patron
to stay on the premises, take a cab or get a ride with a sober friend,
McGowan said. One thing they can't do is force the person to stay.
"A server is within their rights and responsibility not to serve a person --
cut them off," she said. "Actually, we encourage them to do whatever they
can to avoid that person leaving in a vehicle. Call a cab, have a friend
drive them home. But you can't force them to stay."
Said Heffner: "That borders on kidnapping. If someone's drinking at my house
and I make them stay against their will, what have we got? Unlawful
restraint."
One way bar owners can protect themselves from any legal action, McGowan
said, is to participate in any of the LCB's training courses that teach the
basics of whom to serve, whom not to serve and when.
"If found guilty of an offense, they could be ordered to undergo training,"
she said. "In a first offense, penalties could also be reduced for past
training."
If it is found guilty of serving an intoxicated person, a bar can face a
fine of between $1,000 and $5,000, McGowan said. Along with the fine, the
owner's liquor license could be revoked or suspended.
Heffner said he is not allowed to disclose how many local establishments
have come under investigation for serving intoxicated patrons, but said this
area has a pretty good track record.
"Most (bar owners) in this area, they don't want any trouble," he said. "But
then you have the other end of the coin who don't care."
Civilians reporting the serving of intoxicated people or drunk people
getting behind the wheel could also save someone a lot of problems, Heffner
said.
"If you think the person is that drunk, call the cops," he said. "At least
you've done your civic duty for everyone."
©The Times Herald 2002