Kyoto Sushi Subject to DRAM Laws of CA Civil Code 1714

The recent rebuke and revocation of the license to serve alcohol for Kyoto Sushi in West Hills as a result of a deadly accident brings attention to the scope of CA Civil Code 1714; all as a result of the restaurant serving alcohol to an underage (edit: under 21) employee who was involved in a vehicular accident killing a 12yr old and 16yr old in another vehicle.

The agency which revoked the license, CA Dept of Alcoholic Beverage Control (ABC), used the path of investigation enabled by (TRACE) Target Responsibility for Alcohol Connected Emergencies.  Visit ABC’s website to learn more about TRACE. 

TRACE involvement is triggered by a death or serious injury involving 

• underage drinking
• Or anyone charged with vehicular manslaughter that was under the influence of alcohol regardless of their age.

 BUT ABC agents "will conduct a simultaneous investigation to determine where the alcoholic beverages were acquired, purchased, or served." which then along with the TRACE determination will trigger the revocation of a license.

The overriding scope of CA Civil Code 1714 addresses an interesting concept: RESPONSIBILITY for our actions.

"Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself."

It was the accident in September 1973 involving actor James Stacy on a motorcycle with a passenger, Claire Cox being killed; that brought attention to and discussion of liability for those who serve alcohol. Over much objection by bars and restaurants, based on the fact it did not address the fact additional alcohol could be purchased outside of what they had served. 

The term DRAM SHOP ACT is a general term for those laws across the country addressing alcohol consumption liability. The term “dram” liability refers to the measurement unit used when alcohol is sold.  Thus, the catch phrase is "dram laws" with focus on the responsible party being extended to the person or establishment serving alcohol; for damages or injury suffered as a result of consumption of said beverages.

The sections of CA Civil Code 1714 addressing alcohol liability is:

"(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 

and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person."

(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.

(d) (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.

(2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.

California has > 1000 drunk driving deaths annually which is about 29% of all traffic fatalities; however, the state is 25th in the nation for drunk driving fatalities.

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