- Committee -

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. A "visibly intoxicated person" is shown by 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". The person who became intoxicated may not sustain such a lawsuit.

A seller will have an affirmative defense if proof of age is demanded and the drivers license or official state personal identification card appearing to be genuine is shown. Sellers shall have the right of full indemnification for damages against the intoxicated person.

CINDY KADLEC