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

In North Carolina, “over-serving” refers to the illegal practice of serving or continuing to serve alcohol to a patron when that person is already visibly intoxicated. This practice is dangerous and can lead to alcohol poisoning, vehicular accidents, or other injuries. Under North Carolina liquor liability law, it is illegal for servers to knowingly sell, furnish, give, or cause to be sold, furnished, or given away any alcohol to any person who is noticeably intoxicated. This includes someone who appears to be obviously affected by alcohol, has difficulty standing or walking, or is unable to understand what is being said to them. A server is expected to know and understand the signs of intoxication and take responsibility for monitoring the alcohol consumption of their patrons. It is important for establishments to have policies and guidelines in place to prevent over-serving from occurring. All servers should receive training on responsible alcohol service, including training on refusal skills, recognizing signs of intoxication, and the legal limits of serving alcohol. Additionally, food should be served with alcohol as a way to reduce the rate of intoxication. In North Carolina, establishments and servers who continue to serve alcohol to someone who is visibly intoxicated can be subjected to legal penalties such as fines, criminal charges, and/or a suspension or revocation of their liquor license. In order to ensure compliance with state law, it is crucial to have a comprehensive plan and trained staff to prevent over-serving from occurring.

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

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