Appendix C:
Penalties for Violations of Sales to Intoxicated Laws


Administrative Penalties for Sales and Service to Obviously Intoxicated People

State
1st Offense Maximum14
1st Offense
Guideline
2nd Offense Guideline
3rdOffense Guideline
4th Offense Guideline15
Alabama16 $1000 fine or up to 1 year suspension/ revocation
No Guidelines
Alaska Fine not greater than 3 times monetary gain of sale resulting from the violation or $10,000, and/or 45-day suspension Suspension up to 45 days, and/or fine not greater than 3 times monetary gain of sale resulting from the violation or $10,000. No revocation permitted. Suspension up to 90 days, and/or fine not greater than 3 times monetary gain of sale resulting from the violation or $30,000. No revocation permitted. Fine not greater than 3 times monetary gain of sale resulting from the violation or $50,000, and/or suspension/ revocation Not Specified
Arizona17 Fine not greater than $3,000 and/or suspension/ revocation. Fine of $1,500 and/or up to 30-day suspension Fine of $2,000 - $3,000 and/or up to 30-day suspension Fine of $3,000 or more and/or 30-day suspension up to revocation Not Specified
Arkansas Fine or suspension/ revocation.
No Guidelines
California Suspension/ revocation or $3,000 fine in lieu of Suspension/revocation or 50% estimated gross sales between $750 - $3,000 Same, but mandatory suspension Revocation N/A
Colorado 15-day suspension or fine 20% estimated gross revenue up to $5,000 in lieu of 15-day suspension. 5 days served and 10-day abeyance, or fine 20% estimated gross revenue between $200 - $5,000 Not Specified Not Specified Not Specified
Connecticut Suspension/ revocation and/or fine in lieu of 1-4-day suspension, and/or $750-$1,500 fine 1-7-day suspension, and/or $750-$2,000 fine 1-11-day suspension, and/or $750-$2,500 fine Not Specified
Delaware Suspension/ revocation and/or fine
No Guidelines
District of Columbia Suspension/ revocation and/or fine Suspension/ revocation and/or at least a $1,000 fine Suspension/ revocation and/or at least $2,000 fine, within 2 years Suspension/ revocation and/or at least $4,000 fine, within 3 years Revocation
Florida18 No provision identified
N/A
Georgia Suspension/ revocation
No Guidelines
Hawaii(Maui) No Max identified. Fine $1,000 - $2,000 Fine of at least $2,000 or up to 30-day suspension Up to 30-day suspension or revocation Revocation
Idaho $5,000 fine or suspension not greater than 6 months 10-day suspension or fine in lieu of 30-day suspension or fine in lieu of 60-day suspension or fine in lieu of Not Specified
Iowa Suspension/ revocation and/or $1,000 fine (21-day suspension) or ($750 fine and 10-day suspension) or ($1,000 fine and 7-day suspension) Not Specified Not Specified Not Specified
Illinois $1,000 fine and/or suspension/ revocation Same Fine up to $1,500 and/or suspension/ revocation Fine up to $2,500 and/or suspension/ revocation Same
Indiana $1,000 fine and/or suspension/ revocation
No Guidelines
Kansas $1,000 fine and/or suspension/ revocation $100 fine and/or 1-weekday suspension $200 fine and/or 1-weekend day suspension $300 fine per minor and/or suspension of one weekend day (Fri or Sat) $500 fine per minor and/or two weekend days suspension
Kentucky Suspension/ revocation or $50/ day suspension in lieu of
No Guidelines
Louisiana $500 fine and/or suspension/ revocation Same $250-$1,000 fine, and/or suspension/ revocation $500-$2,500 fine, and/or suspension/ revocation Not Specified
Maine $1,500 fine and/or suspension/ revocation
No Guidelines
Maryland County specific
N/A
Massachusetts $500 fine and/or 1 yr in jail and/or suspension/ revocation
No Guidelines
Michigan19 $1,000 fine and/or suspension/ revocation
No Guidelines
Minnesota $2,000 fine and/or up to 60-day suspension/ revocation
No Guidelines
Mississippi $1,000 fine and/or suspension/ revocation $500 fine and/or suspension/ revocation $900 fine and/or suspension/ revocation $1,000 fine and/or suspension/ revocation Not Specified
Missouri No Max Identified
No Guidelines
Montana $250 fine and/or suspension/ revocation Same $1,000 fine $1,500 fine and/or 20-day suspension Revocation
Nebraska Suspension/ revocation or $50 fine per day issued suspension in lieu of $500 - $1,000 Fine and/or 10-20-day suspension $2,000 - $4,000 Fine and/or 20-50-day suspension $4,000 - $6,000 and/or 25-60-day suspension Revocation
Nevada No provision identified.
N/A
New Hampshire20 $500 fine and/or 1-7 days suspension Fine $100 - $500 and/or 10-17-day suspension Fine $250 - $1,000 and/or 10-24-day suspension Fine $500 -$1,500 and/or 10-30-day suspension (Fine $750 - $3,000 and/or 10-40-day suspension) or (40-day suspension)
New Jersey 15-day suspension or ½ gross estimated profit per day suspension in lieu of Same 30-day suspension or ½ gross estimated profit per day suspension 45-day suspension or ½ gross estimated profit per day suspension Revocation.
New Mexico $10,000 fine and/or suspension/ revocation
No Guidelines
New York $10,000 fine and/or suspension/ revocation
No Guidelines
North Carolina21 $500 fine and/or up to 3-year suspension/ revocation Up to $500 fine and/or up to 3-year suspension/ revocation Up to $750 fine, and/or up to 3-year suspension/ revocation Up to $1,000 fine, and/or up to 3-year suspension/ revocation Not Specified
North Dakota Suspension/ revocation
No Guidelines
Ohio Suspension/ revocation or $200 fine per day issued suspension in lieu of
No Guidelines
Oklahoma Revocation
N/A
Oregon 30-day suspension/ revocation and/or $5,000 fine Up to 10 days suspension or $1,650 fine Up to 30 days suspension or $4,950 fine Up to 30-day suspension Revocation
Pennsylvania22 $5,000 fine and/or suspension/ revocation
No Guidelines
Rhode Island $500 fine and/or suspension/revocation Up to $500 fine and/or suspension/ revocation Up to $1,000 fine and/or suspension/ revocation Same Same
South Carolina $1,500 fine and/or suspension/ revocation $400 fine and/or suspension/ revocation $800 fine and/or suspension/ revocation 45 days suspension and/or revocation Revocation.
South Dakota Suspension up to 60 days or revocation or up to $75,000 offer in compromise
No Guidelines
Tennessee Suspension/ revocation or $1,500 fine Suspension/ revocation or $200 - $1,000 fine Same Same Same
Texas23 60-day suspension, or fine in lieu of 7-day suspension or fine in lieu of 10-15-day suspension or fine in lieu of 25-day suspension – revocation or fine in lieu of Not Specified
Utah $25,000 fine and/or suspension/ revocation Fine$1,000 - $25,000 and/or 10 day suspension or revocation 15-day suspension or revocation Same Same
Vermont Suspension/ revocation
No Guidelines
Virginia24 No Max Identified $2,000 fine or 25-day suspension Not Specified Not Specified Not Specified
Washington No Max Identified 5-day suspension or $100 fine in lieu of 10-day suspension or $200 fine in lieu of 30-day suspension or $400 fine in lieu of Revocation
West Virginia $1,000 fine and/or suspension/ revocation
No Guidelines
Wisconsin Suspension/ revocation
No Guidelines
Wyoming No provision identified
N/A

14This describes the maximum penalty allowed by statute for a given violation. It may include maximums set forth by a State’s general administrative penalty statute or by specific statute. “No provision identified” indicates that legal researchers could not identify a law regarding the particular violation. “No max identified” indicates that a statute or a general administrative penalty that explicitly specifies a maximum penalty could not be identified.

15The 1st-4th Offense Guideline categories describe the range of penalties recommended as per informal penalty guidelines, specific statutes, or general administrative penalties. Where “Same” is listed, please refer to the column at immediate left of “Same”. “Not specified” indicates that the legal researchers could not identify if the State specifically lists a penalty guideline for the particular offense. “N/A” denotes not applicable, and “No Guidelines” indicates that the legal researchers were unable to identify any guidelines for the offense listed.

16In Alabama, State law specifies that a license shall be revoked on a second or a subsequent offense. However, ABC Rules and Regulations state that a fine schedule will be established for use when a licensee wishes to plead guilty to a first or second offense charge. Researchers were unable to obtain a copy of this fine schedule.

17In Arizona, suspension days and fines may be substituted for one another, at the discretion of the Compliance Officer, at the rate of one day of suspension equal to $250.

18In Florida, all administrative fines may be substituted with license suspensions using the ratio of 1 day of suspension for each $50.

19In Michigan, a third or subsequent offense will result in a mandatory suspension/ revocation of license.

20New Hampshire allows for reduction of suspension length for “good behavior.” “Good behavior” is defined as compliance with all commission administrative fine payment deadlines and/or orders issued under Liq. 206.03.

21In North Carolina, the commission may accept an offer in compromise of an issued suspension, up to $5,000.

22In Pennsylvania, third and subsequent offenses will result in a mandatory suspension/revocation.

23In Texas, a fine may be issued in lieu of issued suspension in the amount of $150-$25,000 per day of issued suspension or fine of $75-$500.

24In Virginia, a second or subsequent offense will result in a mandatory suspension.