Its 5 o’clock Somewhere

It’s 5 O’clock Somewhere 

Indianapolis’ downtown has grown positively grand over the last decade and the Super Bowl allowed the country to see how amazing, beautiful and clean our city is compared to many cities of a comparable size.   There are a vast number of large corporations and businesses that reside in downtown Indianapolis. This means thousands of people who are the employees of these companies, that generally conduct their day to day business activities across the city, state and country and even the world eventually find their way to downtown Indianapolis, In.  Downtown Indianapolis is home to large Indiana based corporations like Eli Lilly, Emmis Communications, Simon Property Group, and WellPoint.  The employees of these corporations and other businesses dine at downtown bars and restaurants daily. Many of these eating establishments even provide lunch specials to draw a large dining crowd between the hours of 11a.m. – 1:30 p.m. 

After a long day at the office many want to have an adult beverage before heading home or have a glass of wine during a late informal meeting with colleagues.   More often than not while in the downtown area you will hear someone that is not from Indiana ask about happy hour specials.  

Many bars and restaurants provide food specials during 4-6 p.m. or 9- close.  Generally the appetizers are half prize during this time of the day.  These same businesses provide various drinks that are on special and are discounted all day on a particular day of the week.  Margarita Monday’s, half priced Margaritas.  

In the State of Indiana it is illegal for a bar or restaurant to sale alcohol at one price during the day and then changing the price later that day.  Nor can they provide two drinks or servings for the price of one, or charge one price for two drinks or servings. (I.C. 7.1-5-10-20)  

If you have read any of my previous blogs you will find that I have pointed out that Indiana is a conservative state and chooses to ere on the side of caution.  Hoping to change or amend this law would be a futile battle.  Though I don’t have statistics from states with “happy hour” laws I will tell you the law makers in Indiana believe that amending this law would increase DUI’s after work hours.  To find out if alcohol related in incidents would increase would risk the safety of thousands of innocent citizens for the sake of a “what if”.  

Though responsibility cannot be legislated, we can educate ourselves on various practices that are intended to create a enjoyable yet safe environment.  

If you or your business has any questions about liquor laws visit www.in.gov/atc or contact Jaiz Consulting by e-mail at jaizconsulting1@gmail.com or phone at 317-432-0394.  Visit us on the web at www.jaizconsulting.com.

 

Safe service in not just, a name it’s a responsibility.

Set Up For Failure

Set Up for Failure….

It is a C Misdemeanor for a person to bring liquor into a bar or restaurant and it is illegal for a bar or restaurant to provide set-ups (juice, soda, ice, cups) for liquor provided by their customers. A business that applies for a permit must also adhere to this law and are not eligible for a temporary permit while the ATC is processing any other permit type.

Bars and restaurants can only purchase liquor from distributors. An establishment cannot purchase liquor from a liquor, grocery or drug store for any reason.

If you or your business has any questions about liquor laws visit http://www.in.gov/atc or contact Jaiz Consulting by e-mail at jaizconsulting1@gmail.com or phone at 317-432-0394. Visit us on the web at http://www.jaizconsulting.com.

Safe service in not just, a name it’s a responsibility.

Do You Really Know????

Do You Really Know????

 

No matter what you or I think about the liquor laws in Indiana, the law is the law.  The bar and restaurant industry has hired some of the best lobbyists, worked with the most liberal legislators but unfortunately Indiana tends to err on the side of caution and remains one of the most conservative states in the union.  We have to continue to work for change. 

All state laws are published and accessible to the public.  Indiana Administrative Codes for the Alcohol and Tobacco Commission are in Title 905 and Alcoholic Beverage laws are in Title 7.1 of the Indiana Code both can be accessed by clicking one of the following links http://www.in.gov/atc/2331.htm or http://www.in.gov/legislative/index.htm.  Like most laws and legislation they are not always comprehendible on first read, but they are there for viewing and research. 

Generally all state laws go in effect January 1^st or July 1^st, if there is an exception there will be a provision in the law indicating the specific date when the law will go into effect. 

It is important as individuals and business owners to take this information into consideration when receiving information from others.  Interacting with different people from various cities, states and countries, you find many know a lot about nothing but profess they know everything about a state they have never visited. 

In the state of Indiana as previously stated the laws are available for everyone to view.  Ignorance or misinformation is not a permissible defense if charged with any violation or if your business receives a violation from the ISEP.  That is why it is important for you to verify and check your sources and resources in this industry. 

In Indiana anyone can be certified to conduct the Alcohol and Tobacco Commission Server Training Course that is required for all managers, servers and bartenders.  If you have questions about the law during the training, be aware that the information you receive may not be accurate.  The individual training you may have the same amount of knowledge as you do, but not to embarrass themselves, they provide inaccurate information.  We would hope they are honest enough to have you contact your local ISEP office.  The only distinction between the two of you is the fact is they were trained recite a PowerPoint presentation, which does not make a person a liquor law expert.  I’ve met with managers, bartenders, and servers that still believe they can not open until after six or after the polls close on Election Day.  This law was change to go in effect in 2009.  Simple, but could cost a business thousands of dollars. 

If you or your business has any questions about liquor laws visit www.in.gov/atc or contact Jaiz Consulting by e-mail at jaizconsulting1@gmail.com or phone at 317-432-0394.  Visit us on the web at www.jaizconsulting.com. 

Safe service in not just, a name it’s a responsibility.

Cigar and Hookah Bars You are on The Clock

Cigar and Hookah Bars You’re on the Clock

If your business owns or operates a cigar or hookah bar, effective July 1, 2012 you must obtain a permit from the Alcohol and Tobacco Commission to continue to operate under Indiana’s new Smoke Free Air Law. 

Only individuals 21 years of age or older will be allowed to enter, and cigarette smoking will be prohibited. 

The Alcohol & Tobacco Commission is the primary enforcement agency, but any law enforcement department may enforce this law.

Violating the smoking law may be constituted as a Class B infraction and is processed in the local courts.  It is subject to an up to a $1000 fine for the first violation, court cost, and other court penalties.

For a copy of the House Enrolled Act No. 1149 visit: http://www.in.gov/legislative/bills/2012/HE/HE1149.1.html 

For the proper signage needed visit: www.in.gov/atc 

Not sure if you are eligible for a smoking exemption visit www.in.gov/atc or call Jaiz Consulting at 317-432-0394.  Jaiz Consulting, your full service Alcoholic Beverage Law Consulting and Server Training business in Indiana. Like us on FaceBook and follow us on Twitter @jaizconsulting. Our blog can now be access via our website www.jaizconsulting.com.

No Smoking N-O -S-M-O-K-I-N-G

No Smoking!  N-O- S-M-O-K-I-N-G

Effective July 1, 2012 there is no smoking is public places or places of employment in the state of Indiana that are NOT located in a riverboat with a gambling gaming license, a satellite-gaming facility, a cigar bar, hookah bar, certain fraternal clubs, a retail-tobacco store, a business in a private residence, and horse-racing facility. 

Cigar and hookah bars MUST maintain an alcoholic beverage license. Customers must be 21 years old or older and may not smoke cigarettes.

Smoking is PROHIBITED within 8 feet of a public entrance of a public place and places of employment. A signs must be posted that read “Smoking Prohibited within 8 feet of Entrance” Smoking is also prohibited in state-owned government vehicles, school buses.  Individuals may smoke in their personal vehicles.

If you were once a smoking facility and are now non-smoking you must remove ALL ashtrays and other smoking receptacles and ask, tell, request, anyone and everyone who lights a tobacco product to put it out.

Smoking can be permitted outdoors or on a patio as long as the area is a minimum of 8 feet away from any public entrance and smoke cannot enter a smoke free facility.

A City, county, or town non smoking ordinances that has previously been enacted will supersede the new state law only if it is more restrictive.  A city, county, or town ordinances may choose to enact a more restrictive ordinance at any time.

The Alcohol & Tobacco Commission is the primary enforcement agency, but any law enforcement department may enforce this law.

Violating the smoking law may be constituted as a Class B infraction and is processed in the local courts.  It is subject to an up to a $1000 fine for the first violation, court cost, and other court penalties. 

If an ATC Permit Holder receives a smoking law violation, they are also subject to administrative penalties, which may include additional fines, suspensions and/or revocation of permit.

For a copy of the House Enrolled Act No. 1149 visit: http://www.in.gov/legislative/bills/2012/HE/HE1149.1.html  

For the proper signage needed visit: www.in.gov/atc

Not sure if you are eligible for a smoking exemption visit www.in.gov/atc or call Jaiz Consulting at 317-432-0394.  Jaiz Consulting, your full service Alcoholic Beverage Law Consulting and Server Training business in Indiana. Like us on FaceBook and follow us on Twitter @jaizconsulting. Our blog can now be access via our website www.jaizconsulting.com.

Indianapolis Smoking Ban

Indianapolis Get a 30 Day Head Start on Smoking Ban

If your business is in Indianapolis, you were required to ban smoking indoors and remove ashtrays and other paraphernalia beginning 6:00 a.m. June 1, 2012.  The city of Indianapolis ban begins 30 days before a similar and equally if not more strict state smoking ban begins.  Click the following link for more information about the city of Indianapolis smoking ban, http://www.indy.gov/eGov/City/DCE/Licenses/Documents/Smoking%20Ordinance%20FAQ%205.1.12%20LINKED.pdf or contact Jaiz Consulting at 317-432-0394.

Identification Required

Identification Required

School has officially ended for most college students, which could possibly mean more revenue or more problems for businesses.  Learning to recognize false, altered, and bogus identifications can save you and your staff time and money.

 It is a B Misdemeanor (7.1-5-10-23) to knowingly provide alcohol to an individual who is or appears to be less than 40 years of age…without first requiring the person to produce a:

• Driver’s License
• Identification Card
• Government Issued document;

bearing the persons photo and date of birth indicating the person is at least 21 years of age.

Violation of the above law can be punishable up to $1000 and 180 days in jail. 

It is the person providing the alcoholic beverages responsibility to ensure drinker has valid ID and is at least 21.  It is not the security guard’s responsibility.

All staff members should be consistent and check ID’s regularly.  Individuals that have obtained a false, altered or bogus may not carry them consistently. 

When an interim ID is received from the BMV or there is doubt request a secondary piece of ID item such as a bank card, credit card, or an employee ID. Compare signatures and information on the two documents. 

Pay attention to identifiers such as race, height, weight, hair and eye color.

If you believe that you have a false, altered or bogus ID do not keep it that is considered theft.

Servers and bartenders should get a manger if they are uncomfortable in making the decision as whether or not to serve alcohol to an individual who does not appears to be at least 40 years old.   It is also important that managers are supportive of staff members because:

• The bartender/server permit can be revoked or suspended
• The permit for the location can be suspended or revoke
• The bartender/server can be fined
• The business can be fined

Again, it is a B Misdemeanor to knowingly provide Alcohol to an individual who is or appears to be less than 40 years of age. 

In the State of Indiana drinking alcohol is a privilege, not a right.

 For more information about Jaiz Consulting, visit us on the web at www.jaizconsulting.com or feel free contact us at jaizconsulting1@gmail.com or 317-432-0394 with your ATC inquiries today.

Event (Temporary) Permit

 

 

Welcome to Jaiz Consulting’s new blog home.

 

I am re posting this post because of the wonderful weather we have having here in Indianapolis.  During this time of year celebrations are on the rise.  Alcohol is a general focus of many festivities.  

 

Temporary Permit

Are you having a Wedding Reception, Graduation Party, Barbeque or Play-Off Party and want to sale or provide alcohol? If the location or your cater does not have a alcoholic beverage permit.  All you need a temporary permit. Jaiz Consulting the Premier Alcoholic Beverage Law Consulting and Server Training Business in Indiana can assist you with the Alcohol Tobacco Commission (ATC) process.  The owner is a former Indiana State Excise Police Officer and has been trained on the ATC laws, policies and procedures.  Coordinating an event is difficult enough. Allow Jaiz Consulting to maneuver through the government red tape of the ATC for you. E-mail us at jaizconsulting1@gmail.com or call us at 317-432-0394 if you have any questions.

For more information about Jaiz Consulting, visit us on the web at www.jaizconsulting.com.       

The law indicates if you are having an event and wish to provide alcoholic beverages (alcohol) you may be issued a temporary permit by the Alcohol Tobacco Commission (ATC) for that event. You may only supply beer and/or wine, no liquor!  There is a fee of $50 a day that must be paid when the application is submitted. 

The standards for obtaining a temporary permit are the same as any other permit/license with the ATC.

The following may not obtain a permit:

• Alien
• A law enforcement officer
• An elective official or person appointed to an office
• An individual convicted of a federal crime and received a one year sentence; within 10 years of application
• An individual convicted of an A, B, or C felony or its equivalent; within 10 years of application

Any person applying for an alcohol permit/license must have lived in Indiana for 5 continuous years.

Everyone serving alcohol must be over 21 and must possess a bartender/server permit.  There are temporary bartender/server permits available, but it is only good for the temporary event.

Applications must be submitted at least 15 days prior to the event along with a floor plan of the event.  There are up three signatures (depending on location) needed. Every application must have the signature of the Chief of Police or Sheriff and an Indiana State Excise Police officer, which you receive when you submit the application.

Indiana State Excise Police have 6 District offices, central Indiana and Marion County are in District 6.  Click the link below to find the office that services your county, city or town.

http://www.in.gov/atc/isep/2379.htm

 

Feel free to contact us if you would like a topic featured, and as always thank you for stopping by.