[Vision2020] re: liquor liability insurance

[Mike Curley]

<color><param>0100,0100,0100</param>Just before stringing up city council (again) we might note 
that Idaho law relieves even the person who serves liquor 
of liability for the drinker's subsequent negligent acts 
unless he served to a minor or a person who was 
obviously intoxicated.  The City is not serving any alcohol 
at any of the functions on city-owned property.  The 
business that receives the temporary (alcohol) catering 
license is responsible, but only in those two situations.  
Idaho law further has specific approval for cities to grant 
alcohol catering permits, so it's not as if this issue hasn't 
been considered.


Many people were in favor of the city licensing a "beer 
garden" at Renaissance Fair.  Again, the licensee would 
bear the responsibility of legally serving the alcohol, not 
the city.  It, thus, appears that if the licensee chooses to 
operate without insurance, s/he/it bears the risk of liability 
but only for service to minors (a crime in itself) or to the 
already intoxicated.  Until someone shows us an Idaho 
case in which a city was held liable when it only granted 
the license, perhaps there is no cause to "yell" at the city 
council.  


A person or organization holding an event at which 
alcohol is catered by appropriate city permit might want 
to be sure that the caterer strictly enforces the law since 
the person or organization could possibly be held liable for 
damages caused by a minor or already intoxicated 
individual who was served alcohol at the function.  But, 
then, the organizer might also be held liable for any 
number of other dangerous activities that it fails to 
prevent (after reasonable notice it's occurring) at the 
function.  If someone suggests a quick-draw contest with 
loaded pistols, the organizer is best advised to promptly 
and fimly quell that notion.


I understand that the insurance binder required for an 
alcohol caterer to insure a single event is prohibitively 
expensive, and many bars do not even carry insurance for 
their on-premises liquor sales (since the law precludes 
liability if they behave responsibly).  It appears there is no 
reason for the city to require them to insure off-site 
events.  


It would appear to me that the city is actually promoting 
local business rather than competing with it.  

The Idaho "dram shop act" can be found at I.C. 23-808 and 
the provisions for catering permits at IC 23-934.  You can 
find the full code at www.state.id.us--click on Idaho 
Statutes for further clickable links to the specific titles and 
chapters thereunder.


Mike Curley




On 11 Feb 03, at 14:30, Saundra Lund wrote:


</color>From:           	<color><param>0000,0000,8000</param>"Saundra Lund" <<sslund@moscow.com></color>

To:             	<color><param>0000,0000,8000</param><<Cjsnightclub@aol.com>, <<vision2020@moscow.com></color>

Copies to:      	<color><param>0000,0000,8000</param><<steveb@moscow.com>, <<jon@n-k-ins.com>, <<jmhill@moscow.com>,</color>

  	<color><param>0000,0000,8000</param><<jmack@turbonet.com>, <<mtethoma@moscow.com>, <<peg_hamlett@sbcglobal.net>,</color>

  	<color><param>0000,0000,8000</param><<comstock@moscow.com></color>

<bold>Subject:        	<color><param>0000,0000,8000</param>RE: [Vision2020] re: liquor liability insurance</bold></color>

Date sent:      	<color><param>0000,0000,8000</param>Tue, 11 Feb 2003 14:30:57 -0800</color>


<underline><color><param>0000,8000,0000</param>[ Double-click this line for list subscription options ]</underline></color> 


Mr. Roderick wrote:

". . . Our elected officials are the ones that need to make

the change in the procedure requiring "proof of liquor

liability insurance" for all city and county facilities. 

One of the reasons I brought this issue to this forum is

because I have already taken it to the city officials and

THEY have elected to make NO CHANGE in this issue 
regarding

"proof of insurance.". . . "


Wait, wait, wait:  you mean to tell me that our elected

officials were concerned enough about breasts, where 
there

is *no* liability (other than having a bad law on the books)

to take hasty and ill-advised action restricting the rights

of women, but they've been unconcerned about liquor

liability and proof of insurance?!?!


What am I missing here?  Do any of the aforementioned

elected officials care to comment?


Oh, boy . . . I cannot WAIT until election/re-election time

later this year!


BTW, why does the City Web site no longer show the terms of

the current City Council?  I really miss having that

information handy . . . 



Saundra Lund

Moscow, Idaho


The only thing necessary for the triumph of evil is for good

people to do nothing. Edmund Burke


-----Original Message-----

From: vision2020-admin@moscow.com

[mailto:vision2020-admin@moscow.com] On Behalf Of

Cjsnightclub@aol.com Sent: Tuesday, February 11, 2003 12:50

PM To: vision2020@moscow.com Subject: [Vision2020] re:

liquor liability insurance



Currently the administrative procedure doesn't require

"proof of insurance" in catering a liquor license to a city

or county facility. I have no doubt that The Red Door did

the proper paperwork to cater their liquor license to the

event last night. Our elected officials are the ones that

need to make the change in the procedure requiring "proof of

liquor liability insurance" for all city and county

facilities.


One of the reasons I brought this issue to this forum is

because I have already taken it to the city officials and

THEY have elected to make NO CHANGE in this issue regarding

"proof of insurance." Therefore, the citizens could be held

liable.


This means that the people putting on the event will also be

held liable. After their funds are depleted then the city

and county could be next in line.


Phil Roderick