SS/SCS/SBs 817, 978 & 700 - This act revises the dram shop liability statute. The act provides that a cause of action may be brought against a person licensed to sell intoxicating liquor by the drink when it is proven by clear and convincing evidence that the seller knew or should have known that intoxicating liquor was sold to a person under 21 or was knowingly served to a visibly intoxicated person.

Being "visibly intoxicated" is when the person's impairment is shown by significantly uncoordinated physical action or significant physical dysfunction. A person's blood alcohol content will not constitute prima facie evidence to establish "visible intoxication" but may be admissible as relevant evidence.

The person who became intoxicated may not sustain such a lawsuit unless the person is under 21.

If a seller demanded and the drivers license or official state or federal personal identification card appearing to be genuine which showed that the minor was at least 21, it will be relevant in determining relative fault of the seller. Sellers shall have the right of contribution for damages against the intoxicated person.

No employer may discharge an employee for refusing service to a visibly intoxicated person. All servers of liquor by the drink shall receive training to recognize visibly intoxicated persons.

Insurance companies selling dram shop liability insurance must report all costs associated with coverage to the Department of Insurance. Rates will be governed by Section 379.889, RSMo.

This act is similar to HS/HCS/HB 1532 (2002).
CINDY KADLEC