HOUSE BILL ANALYSIS

                     HB 1100    

 

 

Brief Description:  Serving liquor to intoxicated persons.

 

Sponsors:  Sullivan and Gombosky                    

 

Hearing:  February 1, 1999

 

                 Brief Summary of Bill

 

$Allows the Liquor Control Board to require a liquor licensee to maintain liability insurance after the licensee=s second violation of the prohibition against selling liquor to a person apparently under the influence.

 

 

BACKGROUND:

 

It is unlawful for any person to sell liquor to an individual who is apparently under the influence of liquor. 

 

Only individuals operating certain types of businesses may be licensed by the Liquor Control Board to sell liquor to the public.  These licensees may be liable for actions of their employees involving service of  liquor to intoxicated persons.  Employees are not licensees.

 

SUMMARY OF BILL:

 

The Liquor Control Board may require a liquor licensee to maintain liability insurance of at least $100,000 or a surety bond of at least $100,000, if the licensee violates, two or more times,  the prohibition against selling liquor to a person apparently under the influence.

 

RULES AUTHORITY:  The bill does not contain provisions addressing the rule making powers of an agency.

 

FISCAL NOTE:  Not requested.

 

EFFECTIVE DATE:  Ninety days after adjournment of a session in which bill is passed.