Answer to Question 1
The three major entities that are responsible for the regulation of alcoholic beverage sales in the United States are the federal, state, and local governments. The federal government primarily ensures the safe production of alcoholic beverages and their appropriate taxation. State governments are responsible for the issuing of liquor licenses and many of the rules and regulations related to alcohol sales including allowed time of sales, location of sales, and allowable promotions and advertising practices. Local governmental agencies inspect the health and safety of beverage operations and are primarily responsible for enforcing construction standards and establishing the allowable occupancy limits for buildings housing beverage operations. Local police departments help manage customer behavior and assist local operators in ensuring that guests who drink legally can do so in a safe, nonthreatening environment.
Answer to Question 2
A standard of care is the industry-recognized amount of care appropriate to meet a manager's duties. These duties include the duty to provide a safe, secure facility and to warn guests of any conditions that are known to be unsafe. Additional duties include hiring qualified staff, training them appropriately, and terminating them if needed to protect guests or employees. Managers also have a duty to serve only wholesome products and to serve alcohol responsibly. By using reasonable care in the fulfillment of their duties, managers help protect their operations from charges of negligence: the failure to use reasonable care.
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