Thoring v. WI Happy Hour/Dram Shop Law Information Wisconsin Alcohol & Tobacco Agency Phone: Telephone: (608) 266-2776 Website: If you have questions. C. As a rule, these laws impose liability only when a "liquor licensee. Because of this, Texas dram shop laws are in place to protect against the overselling of alcohol. Suite 1800. Helping car accident and personal. So, a social host can't be held liable for the damages caused off the premises by an intoxicated guest where the guest was of the lawful. Dunk Law Firm · September 28, 2022 · September 28, 2022 ·Study with Quizlet and memorize flashcards containing terms like What are the three categories of people that are you not allowed to sell alcohol?, What behaviors might alert wait service personnel that a patron is visibly intoxicated?, What are the two objectives of dram shop laws? and more. Please click the button below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600. Most states have a dram shop law on the books, though the scope of the law differs from. Ct. 990. One of these laws is the Indiana Dram Shop Statute, which can be found in Indiana Code 7. Wisconsin Dram Shop Laws and Liability. 5. Commonly referred to as the “Dram Shop Law,” the Illinois Dram Shop Act is a law that allows people who have been injured by an intoxicated person to sue the establishment that served them alcohol. A Wisconsin appellate court apparently shares this view and has refused to enforce a Minnesota judgment imposing dram shop liability on a Wisconsin bar for the sale of alcoholic beverages in Wisconsin. Rather, liquor liability sounds in negligence per se and most commonly arises out of the violation of Sections 4-493 and 4-497 of Title 47 of the Pennsylvania Consoli-dated Statutes (the Dram Shop Act), which relate to the sale of alcohol to a visibly intoxi-Put his experience to work for you by calling the Johnson Law Firm at 606-437-4488 or by filling out this consultation form for a free assessment of your case. Goldberg, Alcohol Sewer. Dram Shop Laws: Laws that hold alcohol-serving establishments responsible for serving a minor or overserving an intoxicated individual who goes on to injure or kill himself or herself or a third. Weigel. Quickly find answers to your Dram shop laws and DUI questions with the help of a local lawyer. The only difference is the law applies to non-vendors, people that aren't licensed to sell alcohol. The terms “social host law” and “dram shop law” generally deal with an individual’s liability for selling or serving alcohol to someone who then causes injury or damage to a third party or himself/herself. In North Carolina, this particular law falls somewhere in the middle, as dram shop liability is considered to be “limited. For help with defense, call 954-861-0384 to contact Robert David Malove about building a case. And, if you can’t come to us, we will come to your home, or meet you in the hospital. 035, provides that a person selling, dispensing, or providing alcoholic beverages is generally immune from suit – meaning protected. m. For example, the bar may be able to show that it acted in a reasonable manner by providing evidence that servers receive education on alcohol intake and serving, the bar has nonalcoholic beverages available or the bar encourages. Wisconsin passed the first dram shop statute in 1849 and required tavern owners to post a bond to pay for any damages or expenses that accrued as a result of a patron's intoxication. What is the level of report and publicity concerning dram shopIn four states, dram shop laws cover the illegal serving of minors but do not cover the serving of “visibly intoxicated” adults: Nebraska. shot of liquor. The South Dakota Department of Revenue is required to impose civil penalties on a business who has a clerk who sells alcohol to a minor. Object moved to here. 2d 441, see flags on bad law, and search Casetext’s comprehensive legal database. Wisconsin Dram Shop Law LimitedDram Shop Liability Laws. Indiana, Ohio, Penn-A "dram shop law" is a law that governs lawsuits over injuries caused by people who bought alcoholic drinks at bars or restaurants. A person over the age of 21 who is visibly intoxicated is served more alcohol. 5525 TF: 800. ‘Obvious Intoxication Test’ One commonality, however, is the application of the “obvious intoxication test. com or by clicking here to set up your initial consultation. There is one dry town in Wisconsin that does not allow any sale of alcohol at any time and that is Ephraim, Wisconsin. (Doc. Section 497 of the Liquor Code [47 P. 2d 586 – CourtListener. sec. BOTTONSEK, from the North Dakota Supreme Court, 05-23-1984. They differ quite a bit. Proximate cause between the alcohol sale and intoxication. IC 7. Additionally, the Act protects these alcohol. Dram Shop Liability Laws – Dram shop liability laws hold commercial hosts (dram shops) responsible for harms resulting from serving alcoholic beverages to intoxicated or underage customers. This amount is relatively low compared to other dram shop laws by state. Dram shop law mainly deals with bodily or property injuries caused by intoxication and exposes alcohol suppliers to civil liability on top of criminal chargesThe term “dram shop law” comes from the British way of measuring alcohol, which was called “dram” and measured out to 3/4 of a teaspoon. The Dram Shop Law makes it unlawful to sell, furnish or give alcohol to any minor, any person visibly intoxicated, any insane person, any habitual drunkard or any person of known intemperate habits. Wisconsin Dram Shop Law : United States of America v. Dram shops were the pubs, taverns, and places that served alcohol to the public. Tamaya Enters. With over 15,000 listings on our site, we can help you find the right expert witness or consultant for your case. Milwaukee, Wisconsin 53202 . The State Bar of Wisconsin is a professional association dedicated to improving the administration of justice and the delivery of legal services, and to promoting the interests of Wisconsin lawyers. 270, which prohibits licensed alcohol vendors from selling alcohol to minors under age 21. South Dakota, on the other hand, enacted a law in 1985 which abolished liquor liability, and Wisconsin greatly limited liability in late 1985. Stat. The alcohol sold by the dram shop caused or materially contributed to the person's intoxication, 3. Since the repeal of the Missouri Dram Shop Act in 1934 (Laws of 1933-34, extra session, page 77), it has been and continues to be the policy of this state to follow the common law of England, as declared in. The Wisconsin State Legislature should amend the dram shop act to eliminate broad, ambiguous The Dram shop law in Wisconsin states “a person is immune from civil liability arising out of the act of procuring alcohol beverages for selling, dispensing, or giving away alcohol to another person. Understanding Dram shop laws in Illinois can be a bit tricky. Nichole Genz Madison, Wisconsin criminal defense attorney represented defendant charged with wire fraud. At least two superior court judges have ruled that tribes can be sued under the Dram Shop Act in state court. Currently 43 states and the District of Columbia have some sort of dram shop law in effect, varying in scope. As of January 1, 2017, 45 jurisdictions imposed dram shop liability as a result of statutory or common law or both (see Exhibit I. JX. . The earliest dram shop laws date back to the mid-19th century temperance movement. A dram shop law, or a dram shop act, holds the dram shop liable. 125. 22 to 436. Dram shop laws or acts hold business owners liable for selling alcohol to patrons who are clearly and visibly intoxicated. Object moved to here. Let's say Dale is drunk and he rear-ends Patty's car at a red light. Washington. Proximate cause between the alcohol sale and intoxication. Fact that Dram Shop Act provides exclusive remedy for cases falling within its scope, and preempts causes of actions in common-law negligence, does not preclude award of damages under Wrongful Death Act in all cases brought pursuant to Dram Shop Act. In essence, these laws impose financial responsibility on bars or restaurants that serve alcohol to someone they weren’t supposed to who then goes. ‘Obvious Intoxication Test’ One commonality, however, is the application of the “obvious intoxication test. Therefore always ask a licensed attorney in your state for legal Dram Shop Law advice concerning an alcohol business, an employee who serves or sells alcohol, or a social host situation such as a private home party. The Supreme Court of Wisconsin has expanded the already broad scope of immunity that. Similarly, it is illegal for the. m. § 537. Everton, 655 N. 749. In other words, Nevada law effectively immunizes commercial alcohol vendors such as bars, casinos, and restaurants from dram shop claims. Each state varies in terms of who is liable when an. In this blog post, we discuss Louisiana Dram Shop Laws. These parties may be held accountable if they serve alcohol to a person that is. According to Ohio’s dram shop law, people who have been injured by an intoxicated person may have a cause of action against the business establishment that sold the alcoholic beverage to the person whose negligence was the direct cause of their injury. The State of New York’s dram shop laws are found in Section 11-101 of the New York General Obligations law. 00. Alcohol-related motor vehicle deaths decreased by a median of 6. M. Under Texas Alcoholic Beverage Code Ann. According to the indictment,. Our specialists can help you get a liquor liability insurance policy and any other coverage options you may need. follow the Dram Shop Act. A dram shop is a bar, restaurant, or commercial business serving alcoholic beverages. Generally, illegal sales related to the sale of alcohol to someone who's underage. In short, Iowa’s dram shop laws state that a vendor with a license or permit to sell alcohol may be held liable for injuries to a person if the vendor sold or served alcohol to the person who injured them. at 396, 763 P. The dram shop sold alcohol to the person causing the injury, 2. Status of Dram Shop Liability . ”. Discover the importance of dram shop laws for restaurants and bars in the US and how they hold businesses liable in this informative post. ”. The Dram shop law in Wisconsin states “a person is immune from civil liability arising out of the act of procuring alcohol beverages for selling, dispensing, or giving away alcohol to. Call 847-797-8000 for a free consultation with a member of the team at Newland & Newland, LLP today. The Supreme Court of Wisconsin has expanded the already broad scope of immunity that Wisconsin’s dram shop act grants, causing countless innocent third party. The rationale may be simple, but proving fault of the alcohol vendor is far from it. Act 33 and through all Supreme. (1) Rules. Watts Compiler's Notes: Former sections 22 to 22h of Act 8 of 1933 (Ex. 125. Helena, Montana criminal defense attorney represented defendant charged with firearm crimes. The Wisconsin Dram Shop Law (Wis. Dramshop is a legal term that refers to bars, pubs, taverns and other similar venues where alcoholic beverages are sold or consumed. The difficulty of establishing a clear dram shop fault standard is reflected in the wide variety of state dram shop laws. Choose an area of law that your issue relates to: Bankruptcy and debt. — 1. 12 (1) (b). Personal injury cases involving drunk driving accidents. Every jurisdiction. Dram Shop Laws: Laws that hold alcohol-serving establishments responsible for serving a minor or overserving an intoxicated individual who goes on to injure or kill himself or herself or a third. The State Bar of Wisconsin is a professional association dedicated to improving the administration of justice and the delivery of legal services, and to promoting the interests of Wisconsin lawyers. While the Dram Shop Act is the sole remedy against tavern operators and owners for injuries caused by an intoxicated person or intoxication, the Act does not fully shield a tavern owner from common law liability. S. Dram shop laws are named after establishments in 18th century Britain that sold gin by the spoonful (a "dram"). A business may be held liable for damages that result from accidents and crimes, including: Drunk driving accidents; Simple assault; and. In the United States, the term dram shop law is a generalized legal term that refers to a class of laws imposing liability, either criminal or civil, on an. A dram shop law is a law that covers businesses that sell alcoholic beverages. ” According to a table that has been created by the Wisconsin State Bar, North Carolina’s laws hold a vendor strictly liable for intoxicated minors, while vendors and social hosts are liable under limited circumstances. C. Costs related to property damage. Iowa’s dram shop act is codified in Iowa Code 123. Rhode Island General Statutes section 3-14-6 and section 3-14-7 are the state's dram shop laws. Policies to Support Enforcement of Existing Laws. , T/F Dram shop laws protect the server from being sued in the event that an intoxicated guest injures another individual. Serving alcohol to intoxicated patrons is a crime in Wisconsin, but a national study shows that these laws are rarely enforced. 7747. The Texas Dram Shop Act is governed by Chapter 2 of the Texas Alcoholic Beverage Code. In other words, dram shops cannot be “stacked. Dram shop laws originated during the Temperance Movement in the. As mentioned above, the Act was put in place to protect people from drunk drivers, including the drunk driver himself, and ensure restaurants protect its patrons while providing services under the laws of Texas. Serving alcohol to minors is against the law in all 50 states. Let's say Dale is drunk and he rear-ends Patty's car at a red light. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that. The anti-dramshop law is La. Social host liability can be imposed on any. 1. 1512 (C) (2) Date of Offense: 01/23/2021. The Amendment to the Iowa Dram Shop Act creates the potential for new defenses and strategies for taverns defending against these claims. D. $500. The definition of what is visibly intoxicated is largely left to the discretion of the employee who is serving the alcohol. at (312) 609-0400. 4% (6 studies) One study assessed the effects of two high-profile dram shop liability suits in Texas. Dram shop liability laws were associated with a 2. 9:2800. CONTACT TOLL FREE: 800-729-4287 E-MAIL: info@myhaus. 2d 586 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Dram shop laws differ from one state to the next. in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of s. Injured in an alcohol-related accident? For help with understanding Dram Shop laws in Lllinois, page Strom &. If your small business get sued, a liquor liability insurance policy can help by covering: Legal costs, settlements and judgments;. It does not apply to “social hosts” who serve alcohol at parties or other private functions: [Iowa Code § 123. Wisconsin adheres to the common law rule that people injured by an intoxicated adult have no cause of action against the liquor provider, whether the provider is a vendor or a social host. Wisconsin has a one-size-fits-all statute that covers both dram shop and social host liability. We are now beginning to see the first cases filed that involve the new statute. the temperance movement, the gradual development of dram shop law commenced. Wisconsin’s dram shop law, codified at Wis. Ms. Dram shop liability may also apply to an intoxicated person who injures herself or another without the use of a car, or a minor who is illegally served alcohol at a licensed establishment. 1. 8, p. states have amended their laws, it is difficult to discern any emerging trend. Social host liability law. § 18B-305 (a), it is unlawful “for a permittee or his employee or for an ABC store employee to knowingly sell or. 053. Twenty-two states have dram shop liability laws. m. The purpose of Alabama’s Dram Shop Act is to hold a business responsible where they have failed to take steps to sell alcohol in a safe manner. The state's courts have held that this prohibition opens up an. Wisconsin Statutes Section 125. All states have dram shop laws. Give them a call today at 907-222-9990 or toll free at 833-669-9990, by email at [email protected](2), states that daylight savings time begins at 1:00 AM the first Sunday in April and ends at 2:00 AM the last Sunday in October. Connecticut, Colorado, Delaware, District of Columbia, and Florida. Mont. This means that an injured party can only recover up to $75,000 in damages from a commercial establishment that served alcohol to a visibly intoxicated person. New York's dram shop law allows an injured party to bring a claim against an alcohol vendor where the vendor unlawfully provided alcohol to the person who caused the injuries. ". Discontinue all alcohol service until the authorities leave. With over 25 years legal experience, Corey has been recognized for his work as an injury. Wisconsin's Dram Shop and Social Host Liability OrdinanceIn a dram shop lawsuit, a victim or their family may be entitled to compensation for the following damages: Medical care now and in the future. Dram shop liability laws, also called commercial host liability laws, hold an alcohol retailer legally responsible for injuries or damage caused by selling or serving alcohol to intoxicated or underage customers. These suits led to estimated decreases of 6. Dram shop and social host liability laws differ from state to state. For example, if a bar or tavern sells alcohol to a patron, and that patron then injures someone in a car accident. R. Opinion Summaries Case details. W. Wisconsin. Wisconsin Dram Shop Law. The dram shop law limits liability almost entirely to situations involving underage drinking. Powers, 113 Ill. Jurisdictions cite a general social contract theory. The author, an expert on liquor liability law, explores the meaning of this trend for the hospitality industry. Liquor liability insurance is also called dram shop insurance. The Hartford is a small businesses insurer with more than 1 million small businesses insured. 1305 specifically prohibits "dram shop" claims against purveyors of alcohol (those licensed to serve, sell, or furnish alcohol) and their employees. Boston Old Col. Especially if your bar is located near a neighboring state, liquor liability/Dram Shop laws in that state could have an impact on your business. We’ll focus on handling the legal process so that you can prioritize your own health and recovery. Similarly, RBS training laws were associated with a 3. Results from the CBS Content Network. In simple terms, a dram shop is a business, such as a bar or tavern, that serves alcoholic beverages. Such laws also apply to other intoxicating substances. Stat. Dram shop laws were created to hold establishments and social hosts that serve alcohol liable for the harm caused by over-serving. "The fact a common-law rule was in effect when the Wisconsin Constitution was adopted does not mean this court is 'bound by the common law' and unable to change the law when it no longer meets the economic and social needs of society. Emerson & Stroebel. Chapter 7 Protection. Wisconsin Dram Shop Law In Sorensen, the Wisconsin dram shop act had been repealed by that state's legislature in 1982 (see 350 N. West American, 337 N. Dram shop laws vary by state. There aren’t currently any federal dram shop laws in place. 00 but there is usually no economical way for a. An injured party can typically file a personal injury lawsuit against someone who injured them and whose alcohol contributed to the accident. Social host liability can be imposed on any person who provides alcoholic beverages to their guests, if that guest then injures someone while intoxicated. 154 C. However, the specifics of each state’s enforcement of the regulations will vary as. Early laws imposed liability on tavern owners who served alcohol to minors or intoxicated persons. This wrongful death action is before us pursuant to Rule 54(b), North Dakota Rules of Civil Procedure. seq. A dram shop rule (dram shop law or dram shop act) is a civil liability statute that renders a dram shop liable for the harmful acts of its intoxicated customers when the establishment acts negligently in serving the intoxicated customer alcohol, and the customer then causes harm (usually to a third-party victim) as a result of. 3505 F: 312. On-premise licensees are required to carry a minimum bodily injury or death coverage of $50,000 per individual. Generally, social hosts and “dram shop” businesses are not responsible for drunk driving accidents caused by guests or customers. So dram shop liability simply means that a business that sells alcohol may be legally responsible for injuries sustained if they over-serve alcohol to. Stat. Not only does the injured person have a cause of. Believe it or not, it is easier to list the states that go actively compulsion Dram Shop liability laws. 534, 238 P. A defendant may. (1) Rules. Dram shop is an outdated term for bars and other establishments that serve liquor. In other states, dram shop liability extends to serving the "habitually intoxicated. Long ago, taverns and bars sold liquor by a measurement called a "dram," which led to them sometimes being called "dram shops. A. State law provides a series of items that the victim (plaintiff) must prove. Party Name Disposition Information. This statute covers both “dram shop” situations — in which alcohol is sold by a licensed vendor — and social host situations in. Knight is experienced with all phases of litigation related to motor vehicle accidents, premises liability actions, construction defect claims, and dram shop actions. Dram shop and social host liability laws aren’t codified in all states, but they can help prevent the sale or service of alcohol to minors and those intoxicated. Stat. Liquor Liability Insurance. 111. However, there are still many state laws named after the dram shops of the 1800s. Dram shop laws allow DUI victims and their families to sue alcohol vendors or retailers for monetary damages. El Patio. And if you need help with a claim, we’ve got your. This wrongful death action is before us pursuant to Rule 54(b), North Dakota Rules of Civil Procedure. South Carolina has no official dram shop law or social host liability statute. 2040 Linglestown Road, Suite 300, Harrisburg, PA 17110. Violating dram shop laws can have severe financial and legal consequences. adm. Most states have some version of a dram shop law. Dram Shop and Social Host Laws State Has a Dram Shop Law “Dram Shop Law” Has Been Adopted Via a Change to the Common Law Rule by Action of the Highest Court of Record in the State Dram Shop Actions – Social Hosts Social Host – Criminal Enforcement Criminal Actions Regarding Establishments thatResearch the case of 05/23/84 MORRIS THORING v. Dram Shop Laws in South CarolinaPlaintiffs argue the tribe is subject to this Court's dram-shop case law because the tribe is acting as a commercial vendor providing alcohol to patrons of its tribal casino. Under this law, it is illegal for a business to serve alcohol to individuals who are visibly intoxicated. Moreover, Dram Shop laws are intended to prevent death on our roadways and to keep all South Carolinians safe. Currently, it limits the seller's maximum liability to $ 20,000 per person and up to $ 50,000 per incident. After a nearly 20year career leading the Poison Control Center at The Children’s Hospital of Philadelphia, which included consulting on toxicology. Rhode Island Dram Shop Law. This means that if an individual becomes visibly intoxicated while at a commercial. Contact. Daylight Savings Time Section 175. Dram shop law in Wisconsin states that “a person who is immune from civil liability arising out of the act of procuring alcohol beverages for or. In Feuerherm, supra, this court said that our prior dram shop law created an entirely new cause of action in which liability was imposed upon *46 a finding of a violation of the statute and not upon a finding of fault in the sense of wrongful intent or negligent conduct. Dram shop is an outdated term for bars and other establishments that serve liquor. The name “dram shop” comes from the British method of measuring alcohol in dram units, 3/4 of a teaspoon. — Also termed grog-shop; drinking shop)Under Colorado’s dram shop law, a vendor can be liable if it sold alcohol to a minor under 21, that minor was visibly intoxicated, and that minor later caused a drunk driving accident. Ins. Mental anguish, along with pain and suffering. Types of common law dram shop claims. Contact Walker, Billingsley & Bair to get more information on filing a dramshop claim in Iowa at (515) 440-2852. Call 225-343-1111 to schedule a free consultation at the Law Offices of Ossie Brown today. The measurement roughly estimates to be ¾ a teaspoon using the imperial measurement system. This means that if a customer becomes visibly intoxicated while being served alcohol, and then goes on to cause harm to themselves or others, the establishment that served them could be held. Wisconsin's Dram Shop and Social Host Liability Law. In simpler terms, if you’re harmed by a drunk driver, South Carolina’s dram shop laws extend your options for seeking compensation. 1 provides as follows: For a very. Alabama's Dram Shop Law. of alcohol-related crashes. A place where alcoholic beverages are sold; a bar or saloon. ” Common law is the authority of state courts to establish rules by which an injured party can seek redress against the person or entity that negligently or intentionally caused injury. 'Obvious Intoxication Test' One commonality, however, is the application of the "obvious intoxication test. In the insurance arena, she frequently defends carriers facing claims of UM/UIM breach of contract, common law bad faith, and statutory bad faith. Research & Policy. Specific to alcohol sales. W. Louisiana’s anti-dram shop law. It was used to refer to establishments where spirits, were sold by the spoonful or a dram, a unit of liquid measurement. The purpose of Alabama’s Dram Shop Act is to hold a business responsible where they have failed to take steps to sell alcohol in a safe manner. §2. Wisconsin Statute § 125. (1) In this section, “person" has the meaning given in s. C. 92. Call 1-800-A-WINNER for a free consultation or fill out our online case submission form. These laws tend to have a narrower scope than dram shop laws. Under Texas’ Dram Shop Act, bars and restaurants cannot knowingly overserve a customer or provide alcohol to minors. The Dram Shop Rule is a civil liability law that primarily applies to businesses that sell alcohol. Dram shop laws are named as such because of the 18th century establishments called “dram shops” that sold gin in spoonfuls to patrons. The District regarding Columbia (Washington DC) isn’t on on list, as it isn’t a state. Defendant Lenny's Bar (Lenny's) appeals from the trial court's partial summary judgment and order, wherein the court concluded as a matter of law that it had personal jurisdiction over Lenny's and that North Dakota's dram shop act as codified at § 5-01-06,. Wisconsin has limited Dram Shop liability Wisconsin Statute 125. Florida does have a dram shop law; however, it is unlike most dram shop laws in the sense that it almost completely restricts the liability of establishments selling and serving alcohol. Your PA Texting & Driving Accident Attorneys. The Indiana Dram Shop Act was passed in 1986. Another Look at Dram Shop Liability, 73 Wis. Godfrey v. The principle behind the Dram Shop Act makes sense: The more alcohol a business sells, the more profit it makes. 9:2800. Co. Typically, when a plaintiff wins a lawsuit against both an. What is the best thing to do when liquor authorities enter your establishment? A. This makes a dram shop or social host liability lawsuit different. Dram shop laws have been around since the 1800’s and forty states have them. The experts at Power & Power Law have the skill, expertise, and passion to ensure you get the results you deserve. The Illinois Dram Shop Act limits the amount of damages that can be recovered to $75,000. At the Villarreal & Begum, LAW. Most of these laws also offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol. (2) A person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person. 035 In general this means in most cases a licensed vendor or. Case opinion for LA Court of Appeal GODFREY v. Stats. For the Arkansas dram shop law to apply, claimants must prove that the establishment knowingly: Sold to a minor, or; Sold to a clearly intoxicated person; The term clearly intoxicated means that an individual is so visibly drunk that. Ms. Wisconsin; California is a split difference state as well. MICHAEL J. New York’s dram shop laws appear in New York General Obligations Law Section 1100 and Section 1101, and in Alcohol Beverage Control Law 65. S. A sale is considered illegal if: The alcohol was sold to a person who was under the age of 21, or; The alcohol was sold to a person who was clearly intoxicated.