By Emma Bouthillette 

Staff Writer

Sometimes it is the one behind the bar, pouring the drinks, who needs to make the call when someone has reached their limit of alcohol consumption.

On July 16, the Nonantum Resort in Kennebunkport hosted “Seller Server Training” for 38 bartenders, waiters and business owners to be up to date on their responsibility in the event a patron asks for one too many.

B.C. Consultants of South Portland instructor Frank Lyons led Wednesday’s training session. A retired law enforcement officer for local, county and state departments, he has spent 23 of 29 years in liquor law enforcement. He is certified to instruct licensees on Maine’s Liquor Laws, and has been teaching seller server training for three years.

The event, sponsored by the University of New England’s Coastal Healthy Communities Coalition and co-sponsored by the Kennebunkport, Kennebunk, Old Orchard Beach and Saco police departments, was offered free of charge to any restaurant, bar and club that serves alcohol, as well as the servers and sellers.

The training is an effort to help prevent sales to underage and visibly intoxicated customers, as well as to promote a healthier and safer community and business environment, said Coastal Healthy Communities Coalition Program Director Bill Paterson. 

Paterson said 12 establishments sent their employees to the five-hour, state approved training program to receive a certificate of completion and be registered with the Liquor Licensing Maine Department of Public Safety.

Pam Francis, owner of Bebe’s Burritos in downtown Biddeford, attended the training with employee Rachel Desjardins.

“It is really important that we stay up to date. Every time you turn around there is something new. And I’ve been told ignorance of the law is no exception,” Francis said.

“The training program has eight to nine specific areas. My emphasis is on the law,” said Lyons.

The training covered important definitions, effects of alcohol, categories of law, laws on alcohol sales, the Maine Liquor Liability Act and fraudulent identification. All those in attendance were instructed to take a pre-test covering information they would learn during the training, but should already know.

In addition to the potential dangers of intoxicated drivers, irresponsible sales can be costly for both the server and their employer. 

One of the questions on the pre-test asked “True or False: Under the Maine Liquor Liability Act, a licensee may be sued for up to $1 million for serving a visibly intoxicated person who causes injuries to a third person.”

Lyons said false because licensees can be sued up to $250,000, but said they could also be responsible for the third person’s medical expenses. If injuries sustained are severe enough, that could mean medical expenses for the remainder of the third party’s life. 

“Most licensees have a good grasp of the law, but not the severity. Whether it is a violation or a civil suit, they don’t fully understand the magnitude,” Lyons said following the training.

The Maine Liquor Liability Act encourages responsible serving, which Lyons said includes identifying patron’s level of sobriety and age. He said service to someone visibly intoxicated could lead to a lawsuit if property or physical damages occur due to intoxication.

A law passed nearly two years ago states anyone appearing under the age of 27 must show reliable photo identification, such as a valid driver’s license, containing the person’s birth date. If they provide false identification, or no identification, and reasonably appear to be a minor, sellers can deny service. Lyons shared what novelty, altered, forged or fictitious identifications cards can look like, and everyone received an order form for an identification-checking guide. 

Local police departments can send a minor into an establishment to purchase alcohol as a way of conducting compliance checks, Lyons said. If the sale is completed, the police can fine the establishment up to $3,300 for selling alcohol to a minor and not checking identification. 

“Establishments need to have training and good policies. They also need employees not afraid to make contacts with customers and decisions,” Lyons said. 

Paterson said the Coastal Healthy Communities Coalition has received phone calls inquiring about training sessions. Lyons said he doesn’t have upcoming sessions scheduled in southern Maine, but said if there is enough demand he will schedule more.

For more information on Frank Lyons and B. C. Consultants, visit www.alcohol-training.com.