What is the legal definition of “over-serving”?

In New York, "over-serving" is defined by the Liquor Liability Law as serving alcoholic beverages to a patron that is visibly "intoxicated", or has an alcohol content level of .8 or higher in their blood or breath. The law applies to businesses and establishments that are licensed to manufacture, distribute, or sell alcohol in any form. When a patron has reached a level of intoxication that is noticeably higher than what is expected for the amount of alcohol that has been consumed, that patron is considered "over-served". For example, if a patron consumes only two beers but displays signs of impairment, such as slurred speech, unsteady gait, or impaired judgment, they may be considered to be "over-served". The Liquor Liability Law states that it is unlawful for any business or establishment to knowingly serve alcoholic beverages to any individual that is visibly intoxicated or displays signs of impairment. Businesses and establishments that do not comply with this law may be subject to civil penalties and fines, as well as a potential loss of their business license. In addition to this legal definition, businesses should take extra steps to ensure that patrons are not over-served. This includes having a policy in place that requires staff to discontinue serving alcohol to any patron that appears to be intoxicated or displays signs of impairment, regardless of how much alcohol they have consumed.

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What is the legal definition of “over-serving”?

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