Our Top 10 Laws Broken by Staff

Sep 20 / Mr Law
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The hospitality industry in Illinois is fast-paced and demanding, but understanding and adhering to legal requirements is critical. Unfortunately, some laws are frequently broken by bar and restaurant workers—whether through ignorance, neglect, or intentional violation. These breaches can result in severe consequences, from fines and job loss to legal action. Below are the top 10 laws commonly broken by bar and restaurant workers in Illinois, backed by statistics and local examples, and how breaking them can get you in serious trouble.

1. Serving Alcohol to Minors

Violation: Serving alcohol to anyone under 21 is illegal and can result in penalties for both the server and the establishment.

Illinois Example: In 2021, during a sting operation in Chicago, 22 out of 150 bars and restaurants were caught serving alcohol to minors. One high-profile incident involved a popular Wicker Park bar, which received a heavy fine and a temporary suspension of its liquor license after multiple infractions.

Statistics: According to the Illinois Liquor Control Commission (ILCC), in 2022, 20% of the 2,500 businesses inspected during undercover stings sold alcohol to minors.

Consequences: Servers can face fines ranging from $500 to $1,000, and businesses may receive liquor license suspensions or revocations. Repeat offenders can face criminal charges.

2. Over-serving Intoxicated Patrons

Violation: Illinois law prohibits serving alcohol to visibly intoxicated individuals. Continuing to serve them can lead to accidents, violence, or alcohol poisoning.

Illinois Example: In 2020, a Schaumburg bar was sued after a customer who had been over-served was involved in a fatal DUI crash. The bar faced a $2.5 million lawsuit under Illinois’ Dram Shop Act.

Statistics: The National Institute on Alcohol Abuse and Alcoholism (NIAAA) reports that over 65% of DUI arrests stem from individuals who were last served in a bar or restaurant.

Consequences: Servers and establishments can be held liable for any harm caused by an intoxicated patron under the Dram Shop Act. Fines and lawsuits can reach up to $1 million in damages.

3. Failure to Check IDs Properly

Violation: Skipping the verification of customer IDs or improperly checking them is a common issue that can result in minors being served.

Illinois Example: In 2019, a well-known bar in Springfield lost its liquor license for 90 days after being caught repeatedly failing to check IDs. The city council enforced a strict probation period due to its history of serving minors.

Statistics: The ILCC noted that improper ID checking accounted for nearly 30% of liquor law violations in 2021.

Consequences: Employees may face immediate dismissal, fines, and, in some cases, criminal charges. The establishment may also have its liquor license suspended or revoked.

4. Improper Food Handling

Violation: Health codes require specific standards for food handling, including temperature control and hygiene. Failing to follow these can lead to foodborne illnesses.

Illinois Example: In 2021, a Chicago-based restaurant was shut down temporarily after a city health inspection revealed improper storage of raw meats and expired products, leading to potential food contamination. The restaurant also faced several customer complaints of food poisoning.

Statistics: According to the Centers for Disease Control and Prevention (CDC), approximately 48 million Americans get sick from foodborne illnesses each year, with 60% of outbreaks linked to restaurant food.

Consequences: Workers can be fined, and the establishment can face lawsuits, fines, or closure if inspections reveal violations. Food handler certifications, such as those mandated by Illinois, must be regularly updated to ensure compliance.

5. Smoking Indoors

Violation: Illinois' Smoke-Free Act prohibits smoking in enclosed public places, including bars and restaurants.

Illinois Example: A popular sports bar in Peoria was fined $1,500 in 2022 for allowing patrons to smoke indoors during a big game. Multiple complaints led to the local health department issuing a fine after an investigation.

Statistics: A report by the Illinois Department of Public Health found that 15% of businesses cited for smoke-free violations between 2020 and 2021 were bars.

Consequences: Employees allowing smoking indoors can face fines of up to $250, while businesses can be fined up to $2,500 for each violation.

6. Failure to Obtain BASSET Certification

Violation: Illinois requires all servers, bartenders, and bouncers to complete Beverage Alcohol Sellers and Servers Education and Training (BASSET). Operating without certification is illegal.

Illinois Example: In 2021, a downtown Chicago restaurant was fined $5,000 after a surprise inspection revealed that several of its staff, including two bartenders, had not completed the required BASSET training.

Statistics: An ILCC report showed that 25% of violations recorded in 2022 were linked to workers who had not completed BASSET training.

Consequences: Workers can be fined, suspended, or terminated, and the establishment may face additional penalties. Non-compliance can also affect insurance coverage in case of accidents.

7. Unauthorized After-Hours Sales

Violation: Selling alcohol after the legal cutoff time—2 AM in most Illinois municipalities, with extensions for some cities—violates local ordinances.

Illinois Example: In 2020, a Chicago nightclub was forced to shut down for a week and fined $10,000 after repeatedly being caught selling alcohol after the 4 AM citywide cutoff.

Statistics: The ILCC found that 15% of bar violations in 2021 stemmed from unauthorized after-hours sales.

Consequences: Employees caught selling alcohol after hours can face fines, while the establishment risks a liquor license suspension or revocation.

8. Failure to Report Tips Correctly

Violation: Restaurant and bar workers are required to report all their tips to the IRS. Failing to do so is illegal and can lead to tax evasion charges.

Illinois Example: A Chicago steakhouse was audited in 2021 and found to have underreported tips by a total of $1.2 million over the previous two years. Several employees faced back taxes and fines.

Statistics: According to the IRS, 40% of restaurant workers nationwide underreport their tips, which amounts to billions in unpaid taxes annually.

Consequences: Failure to report tips can result in audits, fines, and legal action, and employees may be held liable for back taxes and penalties.

9. Sexual Harassment in the Workplace

Violation: Sexual harassment in bars and restaurants, where alcohol and close interactions can blur professional lines, remains a persistent issue.

Illinois Example: In 2021, a lawsuit was filed against a River North bar after several female employees came forward with claims of sexual harassment from both management and patrons. The bar eventually settled for $750,000, and multiple managers were terminated.

Statistics: A study by the Equal Employment Opportunity Commission (EEOC) found that the restaurant industry accounted for 14% of all sexual harassment claims filed in 2020.

Consequences: Employees involved in harassment can face immediate termination and legal charges. Businesses may be sued, leading to expensive settlements and damage to their reputation.

10. Improper Disposal of Alcohol

Violation: Illinois law requires establishments to properly dispose of unused or returned alcohol, ensuring it cannot be resold or consumed.

Illinois Example: A bar in Champaign was fined $3,000 in 2022 for improperly recycling returned beer bottles, which had been found refilled and resold to patrons. This practice violated both health and liquor control laws.

Statistics: The ILCC noted that 10% of bars inspected in 2021 improperly disposed of alcohol, often leading to further health code violations.

Consequences: Improper disposal can result in health violations, fines, and damage to the establishment's liquor license, potentially resulting in suspension.

Conclusion: Compliance Is Key to Avoid Trouble

Bar and restaurant workers in Illinois must navigate a complex legal environment, from liquor laws to health codes. Failing to comply can result in severe penalties for both individuals and establishments. By understanding and adhering to these top 10 laws, workers can protect their livelihoods, ensure customer safety, and avoid costly mistakes.

Regularly scheduled staff training, keeping up with certifications like BASSET and food handling, and having clear internal policies can help prevent these legal violations, ensuring that your establishment maintains a strong reputation and operates smoothly.

Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information at the time of writing, laws and regulations are subject to change. Readers should consult with legal professionals or official government resources for advice regarding specific legal issues or compliance requirements in their jurisdiction.

The statistics and legal references in this article are based on publicly available reports and data, including but not limited to the following sources:

Illinois Liquor Control Commission (ILCC) reports and publications.
National Institute on Alcohol Abuse and Alcoholism (NIAAA) statistics.
Centers for Disease Control and Prevention (CDC) reports on foodborne illnesses.
Illinois Department of Public Health data on smoke-free violations.
Internal Revenue Service (IRS) guidelines on tip reporting and compliance.
Equal Employment Opportunity Commission (EEOC) reports on sexual harassment in the hospitality industry.
Readers are encouraged to verify any information provided and stay updated with Illinois state laws and local ordinances. The author and publisher of this article are not responsible for any actions taken based on the information herein.

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