Chicago Basset On-Premise Server Practice Test

Which of the following can lead to a commercial vendor being held liable under the Dram Shop Act?

1. If the vendor does not have a license to sell alcohol

2. If the vendor sold alcohol to a minor

3. If the alcohol sold caused or contributed to a person's intoxication

4. If the vendor was unaware of the intoxication level of the patron

The correct answer is: If the alcohol sold caused or contributed to a person's intoxication

The choice indicating that a commercial vendor can be held liable under the Dram Shop Act if the alcohol sold caused or contributed to a person's intoxication is correct because the primary purpose of the Dram Shop Act is to hold vendors accountable for the responsible sale of alcohol. This liability arises particularly in circumstances where serving alcohol directly leads to foreseeable harm, such as injury to the intoxicated individual or others due to reckless behavior. The law is designed to encourage vendors to exercise diligence in monitoring when they are serving alcoholic beverages, recognizing that their actions can have significant effects on public safety. In contrast, while not having a license to sell alcohol does pose legal concerns, it primarily affects the legality of the business operation rather than directly linking the vendor’s liability to the consequences of alcohol sales. Selling alcohol to a minor is indeed illegal and poses serious ramifications, but the specifics of liability under the Dram Shop Act are often more concerned with the actions of serving patrons who are already intoxicated. Lastly, being unaware of a patron's intoxication level may mitigate some liability, as vendors are expected to make reasonable efforts to assess a patron's drinking status, but it does not absolve them of responsibility if their actions contribute to intoxication.