| 41-715. Sale of liquor to incapacitated or intoxicated person; penalties. (a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not exceeding $250 or imprisonment not exceeding 30 days, or both. History: L. 1949, ch. 242, § 78; L. 1963, ch. 267, § 1; L. 1965, ch. 277, § 8; L. 1985, ch. 173, § 1; July 1.
This is a statute rarely used I am sure but it does put liability on the server. In my vision this is the SMASHED customer. The establishment should ensure 1. They are not driving. 2. The customer is not in a state to be a danger to themselves or others i.e. So drunk the will stumble into traffic trying to walk home. Simple don't serve ANYONE to a point of incapacitation. That is for drinking at home when it is on nobody but yourself. I am sure we can list the establishments in Dodge City who abide by this and watch out for all of their customers and not just the ones they know. Most just don't want someone too drunk because they are unpredictable and tend to start fights or damage property.  |