The Sobering Truth Behind Montana Alcohol Laws

SEELEY LAKE - When customers walk into an establishment that serves or sells alcohol, they expect to be served. However, since 2011, the laws and requirements for those that hold a liquor license have gotten stricter. This presents unique challenges and creative solutions at local establishments that allow them to keep the bar open.

All individuals and corporations that manufacture, import or sell alcohol on or off premise must have a liquor license. This license is issued through the state and ranges from $50 - $800 per year. Establishments in Missoula County are also required to pay an annual fee up to $250 to sell beer, wine and/or all alcoholic beverages.

Starting in 2011, any retail establishment licensed to sell or serve alcoholic beverages is required to train their employees on prohibiting the sale to minors or intoxicated persons within 60 days of being hired and every three years after hire. There are several online training programs or a certified trainer can be used.

"The training is to protect the establishments, servers and to protect the community. Buying alcohol is a privilege not a right. If you go into an establishment and they refuse you they absolutely have the right to do that," said Katie McGrew, a Montana State Certified Trainer for "Let's Control It." "As trainers we feel it is a responsibility to the community to prevent an accident or prevent someone from drinking under the age of 21."

The two main reasons servers and sellers are obligated by law to refuse service to a customer is if the customer is under the age of 21 or if they appear intoxicated (Montana Code Annotated (MCA) 16-6-304).

Servers are trained to help recognize fake identification cards but that is a challenge in an area with high tourism like Seeley Lake.

"There are so many different kinds of identifications. The out of state ones, military and tribal identification cards are more difficult and don't always have a photo," said McGrew.

If purchasing alcohol from an off-premise retailer like Rovero's or Cory's Valley Market, cashiers may card everyone in a group if they suspect the alcohol will be provided to someone under 21. The rule of thumb is anyone that looks under the age of 40 should be carded. If someone leaves their ID in the vehicle, they are asked to retrieve it before the sale.

To combat underage drinking in her establishment, owner of The Filling Station Kris Martin and her servers card everyone, have cameras and a manager walking around making sure people aren't sharing drinks and they close the bar and casino to anyone under the age of 21 after 10 p.m.

There is still the law on the books that allows parents or guardians to give alcoholic beverages to their child under the age of 21 in non-intoxicating quantities (MCA 16-6-305).

"They will try to push that one for someone that is 18 saying 'Oh they are with me [the parent].' And I say, 'In your home'," said Martin. "In here my license says 21."

While there are several ways listed in the training to tell if someone is intoxicated, McGrew recommends, "Know who your customers are and pay attention to what they are doing, what they are drinking and how they are acting."

Martin said she requires her bartenders to be respectful, kind and quiet. She stresses the word 'appear' when telling customers they will no longer be served because they appear intoxicated.

"There are a lot of things that can make you appear to be intoxicated [whether truly under the influence of alcohol or not]. We are going to be nice and try to give them a way out as well," said Martin.

McGrew said it is challenging for servers to tell if a customer is intoxicated if they have a high tolerance. Martin feels drugs such as speed present a challenge for servers because someone on speed does not appear to be drunk.

"We don't know what someone has taken and when they are mixed with alcohol it is obviously worse," said Martin. "We have a zero tolerance policy for drugs on the property. I'm responsible in here for alcohol consumption, for the most part. It is hard to know where that line is. Am I also responsible for whatever it is you took? The only thing we can do is know how many drinks that person has had in this establishment and watch for their ability to function as they walk in the door. That's the hard part is when they come through the door."

In addition to outside drugs, outside alcohol can also be an issue. The MCA 16-6-306 prohibits customers from bringing their own alcohol to an establishment with or without a liquor license and consuming it.

For Lindey's Prime Steak House, this means they can no longer charge a cork fee that allows their customers to bring their favorite bottle of wine to enjoy with their steak. To be more accommodating, they have expanded their wine list to offer a wider selection.

McGrew said another challenge is the intimidation for young servers to tell a group of older adults who are pounding down drinks and having a good time that they will not serve them anymore.

"It can be a bullying thing," said Martin. "I always tell my servers to be respectful and stand their ground."

For those that serve, from the business owner down to the waitress that hands the customers their drink, they can be held liable, civilly, criminally or administratively, should the customer injure themselves or others after leaving the establishment or if they break the law.

There are several cases in Montana where an intoxicated person left a bar, drove and killed someone and the server and/or owners were sued for their actions and held criminally liable, some serving jail time.

In March 2009, Montana Highway Patrol Trooper Michael Haynes was hit head-on by Travis Vandersloot and both died from the accident. Vandersloot was allegedly served 10 drinks in three and half hours by bartender Nathan Hale at the Pick's Bowling Center in Bigfork, Mont. It was alleged that Hale was drinking on the job.

Hale was convicted and served four months in jail, paid a $535 fine and was ordered to complete 200 hours of community service.

The bowling alley lost its liquor and gambling licenses. Manager Diane Pickavance was ordered to complete 100 hours of community service, spend six months in jail and pay of a $500 fine for allowing Hale to serve after 2 a.m.

Martin's solution is to be diligent, use common sense and follow the law as best she can. She makes sure all of her servers have gone through the training and she carries insurance.

"It costs me tens of thousands of dollars for insurance. It makes the cost of everything go up because of the money I have to spend to defend myself against lawyers who are going to try to make it my responsibility that someone else over-indulged and got in a car wreck," said Martin.

Martin said if someone comes into the bar intoxicated they will call the sheriff's deputy. They will also drive customers home if they are too drunk to drive.

"We know that we're very liable when we do that," said Martin. "We don't care. We want people to get home safe."

Just because someone has a designated driver, Martin said they will not let them drink until they fall down.

"I think there is a misperception where people think because they have a designated driver [they can drink as much as they want]," said Martin. "I appreciate that someone brings in a designated driver but I can't prove that."

For those that obtain a temporary three-day permit to sell alcohol through a non-profit, the server training is not required for volunteer servers. However, McGrew said it is highly recommended because of liability.

Starting in 2011, the Missoula County Sheriff's Office expanded their compliance checks to outside of the Missoula city limits. These checks help ensure that an establishment is not serving customers under 21 or those that are intoxicated. McGrew said that she is not aware of any local establishments who have not passed their compliance checks.

"Of course people who drink should be responsible for their actions. But the big thing is alcohol is a very strong drug. It affects their whole body," said McGrew. "If [someone] is intoxicated, [they] can't be served any more. The only thing that makes [them] sober is time. No retailer that I know of will jeopardize their business because someone wants you to serve them if they are drunk. The liability is too huge."

For those in need of seller or server training McGrew lives in Seeley Lake and can be contacted via phone 677-2382 or email andysmomkatie@gmail.com