By Amanda Estes

Staff Writer

    “If you can’t pass this test going out of here, you
probably shouldn’t be selling booze,” said former Liquor Enforcement
Officer Frank Lyons to more than 30 bartenders, waitresses, managers,
and restaurant owners gathered at the South Portland Police Department
Monday night.

    The “Alcohol Seller Server Training” session was one
of two hosted by the department aimed at helping on-premise and
off-premise licensees avoid costly and potentially dangerous
situations.

    An instructor for South Portland based B.C.
Consultants, Lyons presents a state approved program that covers a
variety of topics from identifying minors and visibly intoxicated
patrons (VIPs) to the Maine Liquor Liability Act (MLLA). The program
begins with a 10 question pre-test and also ends with a test.
Participants learn their results immediately and if they pass, which
Lyons said the majority do, they receive a certificate.

    “I’m not going to tell you how to make a martini,”
Lyons said addressing the difference between “Seller Server Training”
and programs such as Training for Intervention Procedures or TIPS.
“This is information that is going to keep you out of trouble.”

    Outlining the MLLA, Lyons said for licensees, sales
to minors or VIPs could result in a fine up to $1,500 for any one
offense and possible license suspension or revocation. The clerk,
servant, or agent could also be subject to the same fine. In the case
of intoxication-related deaths, injuries, or deaths, licensees can be
sued for up to $250,000 in damages. He said there is no cap on medical
expenses. The intoxicated individual and the server are both liable for
awarded damages.

    South Portland Police Officer Jeffrey Caldwell said
the biggest thing the training does for licensees is provide them with
proof of their efforts to follow the law. He said most of the
information is common sense, but attending the program demonstrates
they are doing their best to be compliant.

    Caldwell said the department decided to host the
training after their last compliance check. Since they had previously
identified several violations, Caldwell said they were expecting maybe
one or two retail stores to sell to their undercover 20-year-old
officer. The department was shocked to find that over half of the
establishments sold alcohol to the minor.

    He said the department wanted to offer an
educational program for bars and retail owners to hopefully improve
compliance. When licensees are not in compliance, public safety is at
risk, he said. Since 2003, when the state abolished the Bureau of
Liquor Enforcement, the department has also seen an increase in calls
from parents and community members including calls from parents in Cape
Elizabeth who said South Portland stores were selling to minors.

    “When they got rid of liquor enforcement...people
started to get lax because they weren’t getting checked by ...the
agency anymore,” he said. He said a lot of departments don’t have the
resources to make regular compliance checks.

    Tara Griffin, general manager of the Weathervane
restaurant in South Portland, said although the restaurant does not
directly cater to people looking to drink, she said they found the
class helpful. Among the useful information was, should a situation
arise, who is responsible and to what extent, she said.

    Thatcher’s Bar Manager Cerissa Libby said everyone in her group of six passed the test.

    “We thought we had most of it down, but there was a lot of good information,” she said.

    She said reviewing the ways to identify a fraudulent
ID was also helpful. The restaurant does not see a lot of false IDs,
but when they do, a staff member usually picks up on it right away, she
said.

    Caldwell said the department is currently planning another round of compliance checks.