In Johnson v. Montgomery, 2017-Ohio-7445, the Ohio Supreme Court held that an “intoxicated person” under the Ohio Dram Shop Act, R.C. 4399.18, is not strictly limited to patrons, but also includes employees, independent contractors, and others served by the permit holder. In this case, a dancer at a strip club caused a serious automobile accident after leaving work. The dancer admitted she was intoxicated when she left the club and had drunk beers purchased for her by customers.
The Ohio Supreme Court concluded that the strip club could not be liable under the strictures of the Dram Shop Act’s Provisions that hold that a person “may not maintain a cause of action against a liquor permit holder of injury resulting from the acts of an intoxicated person,” unless the “permit holder or an employee of the permit holder knowingly sold an intoxicating beverage to. . . a noticeably intoxicated person.” The plaintiff argued that the Dram Shop Act should not apply to the dancer because the dancer was not a patron, but rather an independent contractor. However, the Court held that the plain and unambiguous language of the Dram Shop Act is clear that an “intoxicated person” includes any person, and thus, the Dram Shop Act “applies to determine liability of a permit holder who sold intoxicating beverages to an intoxicating worker or independent contractor. . . .” As the Court plainly put it, “’person’ means person, and a dancer is a person.” Therefore, because the trial court found that the dancer was not noticeably intoxicated, the operator and owner of the strip club were not liable.
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