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ginas essay

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Text Preview Gina Campo
October 2, 2013
Legal Issues
Essay 2
Serving alcohol to underage students is illegal. Although in the incident of Ms. Mitchell’s restaurant the waitress that sold the underage girl alcohol did not do anything illegal. All the staff at Ms. Mitchell’s restaurant has been thoroughly trained when it comes to serving alcohol. All the servers were certified by the ABCC, and take an alcohol service training program each year. One night one of the waitress had a group of younger looking students so she checked the ID’s of the students drinking. She not only checked the ID’s but she checked them thoroughly. She verified the student’s age, hair color, general likeness, and absence of alterations to the ID card. On top of these verifications the waitress asked all the students to recite their birth dates, and addresses printed on the ID’s. After all the checks that the waitress had performed she served the guests each three glasses of wine in 90 minutes.

On the way home that evening one of the guests that had been drinking got into a car accident and injured another person. The parents of this third party got an attorney and contacted the ABCC to contact the restaurant at fault. It turns out that the guest that caused the car accident was not really 21 but only 21. It is illegal to serve alcohol to anyone underage. But in this case the waitress is not at fault because she checked the ID’s of these students and they appeared to all be real. Unless the ID’s are obviously fake the waitress is not at fault for serving someone underage because they followed all the guidelines to selling alcohol and the customer appeared to be 21.

The dram shop act in Massachusetts states that a business can be held liable if someone underage is over served alcohol and that person then commits an assault and battery or any other violent crime against another person. Technically though the person appeared to be 21 to the server and restaurant so they should... Show More

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