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re: Where do you stand on bartenders being responsible for their patrons?

Posted on 12/20/18 at 11:45 am to
Posted by slackster
Houston
Member since Mar 2009
85489 posts
Posted on 12/20/18 at 11:45 am to
quote:

It certainly can. If he was serving to an underage drinker then that's on him. But in general, I don't think it's fair to hold a bartender responsible for something that a patron did after he left the bar.


That's my take too. They shouldn't be criminally responsible for anything other than whatever law they broke.

On a civil level, comparative fault should come into play.
Posted by Clames
Member since Oct 2010
16733 posts
Posted on 12/20/18 at 11:45 am to
quote:

ABC license teaches you how to spot a fake, so whether he had one or not, bartender and establishment are still fricked.


Really? Is that why some places swipe ID cards in magnetic readers or hold them under blacklights because fakes are so easy to spot?


This bar sounds like it was run by people who didn't care about the laws anyway. Two of those arrested are 19 years old and they were serving hard liquor but only licensed for beer and wine. This case is exceptional, in general I don't think it's rational to blame waitstaff and bartenders for the poor judgment of patrons.

Posted by TH03
Mogadishu
Member since Dec 2008
171114 posts
Posted on 12/20/18 at 11:47 am to
It was obvious to them watching the video that he was obliterated. He should’ve been cut off even if he was of age.
Posted by cas4t
Member since Jan 2010
70986 posts
Posted on 12/20/18 at 11:48 am to
I'm not sure what to tell you. I'm simply giving the facts. You are held responsible for serving minors whether they had a fake or not. I'm not taking a side in this, just laying out exactly what has and will continue to happen.
Posted by cas4t
Member since Jan 2010
70986 posts
Posted on 12/20/18 at 11:50 am to
quote:

It was obvious to them watching the video that he was obliterated. He should’ve been cut off even if he was of age.



yes, as mentioned above, comparative negligence should come into play particularly when there are cameras. It's easy to over serve someone, yes. Me for example, I've been told I don't seem as drunk when in reality I'm hammered. Wife tells me this all the time when I have a bad hangover. She can't believe it. Says I seemed fine.

If someone is stumbling around, being sloppy, loud, etc...don't serve them. It's common sense.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
45765 posts
Posted on 12/20/18 at 11:50 am to
quote:

How is it not the bartenders fault that a 19 year old was served 12 drinks without being carded once?

They are responsible for serving a minor. They are not responsible for him getting behind the wheel and killing someone.
Posted by TH03
Mogadishu
Member since Dec 2008
171114 posts
Posted on 12/20/18 at 11:52 am to
quote:

They are not responsible for him getting behind the wheel and killing someone.


They weren’t charged for this.

Although you could probably say they were charged with the other stuff only because of the wreck.
This post was edited on 12/20/18 at 11:54 am
Posted by rowbear1922
Lake Chuck, LA
Member since Oct 2008
15211 posts
Posted on 12/20/18 at 11:54 am to
quote:

They are responsible for serving a minor. They are not responsible for him getting behind the wheel and killing someone.


And that is what they were arrested for.

quote:

Mildred "Milly" Garcia, 21, is charged with making alcohol available to a minor and serving an intoxicated person.
Anna Evelyn Lule, 19, faces the same charges.
Jazely Marie Barrera, 21, is charged with sale of alcohol to a minor.
Jaquin Guadalupe Gonzalez, 19, is charged with making alcohol available to a minor.
Gustavo Tejada-Garcia, 28, who is the bar's manager, is charged with possession of an unauthorized beverage. Investigators say they were serving tequila but only have a license for beer and wine.
Posted by piratedude
baton rouge
Member since Oct 2009
2521 posts
Posted on 12/20/18 at 11:54 am to
dram shop laws vary. if i recall, louisiana has no bartender liability, unless the patron was underaged. if they serve underaged patrons, the bartender is liable to whomever the drunk hurts.
Posted by cas4t
Member since Jan 2010
70986 posts
Posted on 12/20/18 at 11:54 am to
A bar in my college town was sued by a kids parents when he killed some people driving home. It was penny beers. Kid was 18.

Curious what the OT thinks about that scenario.

I enjoyed said penny beers, weekly. But I can see the argument for "by offering penny beers you are asking that everyone get shitfaced".
Posted by TH03
Mogadishu
Member since Dec 2008
171114 posts
Posted on 12/20/18 at 12:06 pm to
Yeah we had penny pitchers at the q stick. What a time to be alive.
Posted by Salmon
On the trails
Member since Feb 2008
83694 posts
Posted on 12/20/18 at 12:08 pm to
quote:

Yeah we had penny pitchers at the q stick. What a time to be alive.


such great (read: bad) memories

RIP Qnasty
This post was edited on 12/20/18 at 12:09 pm
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67543 posts
Posted on 12/20/18 at 12:14 pm to
quote:

I mean they may have over served, but I doubt they threw this guy into his running car and waved bye.



But you don't know they didn't do you??
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 12/20/18 at 12:15 pm to
No one is responsible for you other than you. To charge bartenders when something like this happens or charging a drug dealer for someone ODing is completely ignorant but par for the course these days. No one is responsible for their own decisions anymore
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 12/20/18 at 12:17 pm to
MADD is the shittiest organization in America. Guarantee you that they spearheaded this type of legislation.
Posted by Masterag
'Round Dallas
Member since Sep 2014
18854 posts
Posted on 12/20/18 at 12:18 pm to
quote:

Where do you stand on bartenders being responsible for their patrons?


It’s frickimg stupid. You aren’t responsible for their actions.
Posted by TH03
Mogadishu
Member since Dec 2008
171114 posts
Posted on 12/20/18 at 12:19 pm to
That parking lot is absolutely soaked in my piss.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120763 posts
Posted on 12/20/18 at 12:19 pm to
quote:

Erick Hernandez


Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 12/20/18 at 12:20 pm to
quote:

if a bartender sees that, they should ensure they do not get behind a wheel

How, in your opinion, does a 110 lb female physically deny a 200 lb man from getting in his car?
The whole premise for holding other people responsible for another actions is idiotic
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
135218 posts
Posted on 12/20/18 at 12:22 pm to
quote:

That parking lot is absolutely soaked in my piss.



Nothing classier that sipping a nice cool beer in a clear plastic cup whilst sitting at a wooden spool
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