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

The legal definition of “over-serving” in West Virginia is when an establishment, or an employee of an establishment, continues to serve alcohol to a customer who has become visibly intoxicated. Visible intoxication includes intoxication that can be determined from a person’s physical appearance, mannerisms, and behavior. This is regardless of whether the customer has reached the legal limit of intoxication under West Virginia law. Over-serving also applies to situations where an establishment serves alcohol to someone who is underage or to someone who is already impaired by drugs or alcohol. Additionally, it is considered over-serving when an establishment serves alcohol to someone who has been previously identified by an employee of the establishment as being intoxicated. Over-serving in West Virginia can result in the revocation of an establishment’s liquor license. To prevent over-serving, establishments in West Virginia are legally required to provide alcohol-server training to their employees. The purpose of the training is to educate employees on spotting signs of intoxication and to provide them with information on laws and regulations regarding alcohol service. Ultimately, “over-serving” in West Virginia is defined as continuing to serve alcohol to a customer who has become visibly intoxicated or to someone who is already impaired.

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

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