House sends governor bill on bar liability

JEFFERSON CITY, Mo. -- Legislation on its way to the governor would clarify when an injured person could sue a bar or restaurant because of an accident caused by a drunken patron or an underage drinker.

Under the bill passed Monday by the House, an injured person would have to prove by "clear and convincing" evidence that a bar or restaurant knowingly served alcohol to a visibly intoxicated adult or person under 21. No lawsuits for injuries could be filed by the drunken patron.

The bill was drafted in response to a May 2000 ruling by the Missouri Supreme Court removing a major obstacle to such lawsuits.

In that decision, the court struck down a state law providing that a restaurant or bar could be sued for damages caused by a drunken patron only if the business had been convicted of knowingly serving alcohol to the patron when he or she was clearly intoxicated.

Such a barrier unconstitutionally limited citizens' access to the courts, the Supreme Court said.

Compromise reached

The ruling prompted fear that drinking establishments would be open to a slew of lawsuits.

An attempt to change the law failed last year in the final days of the session.

This year, bar and restaurant owners, attorneys and the insurance industry reached an acceptable compromise, lawmakers said.

Rep. Ralph Monaco, D-Raytown, said the bill is a good balance of interests. He pointed to a provision prohibiting an employee from being fired for refusing to serve a visibly intoxicated person.

Under the bill, a person is "visibly intoxicated" if he or she exhibits "significantly uncoordinated physical action or significant physical dysfunction."

Also in the legislation is a provision making an establishment liable for serving alcohol to a minor when the person's age is known or should be known.

The fact that the drinker used fake identification could be taken into consideration during court proceedings.

Bar lottery game

Rep. Bill Linton, R-Wildwood, said a law holding drinking establishments responsible for drunks was conflicting with the state's plans to put a new keno-style lottery game in bars and restaurants.

The computer-generated game will allow players to choose numbers from a field of 80.

A computer then selects winning numbers. A player wins a payoff according to the number matches.

The game can produce winning numbers about every five minutes.

The longer a person plays, the more money the state makes, Linton said.

And if a person is sitting at a bar playing the game, the player probably will be drinking.

"We want them to say and play, basically, for the state to make more money," Linton said.

The bill's sponsor Rep. Tom Hoppe, D-Kansas City, said people don't have to drink alcohol to play the game.

Alcohol bill is HB1532 (Hoppe).