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

Posted on 12/20/18 at 11:11 am to
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46207 posts
Posted on 12/20/18 at 11:11 am to
No way a bartender, bar or restaurant should be charged in this. The guy left the bar, got in his car and drove. He's the one responsible for that.

Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 12/20/18 at 11:13 am to
Bartender response: "he told me he was going to call an Uber."

End of case?
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:13 am to
100 percent responsibility on the patron. Should be anyway.

Absurd to ask that much out of a bartender.
Posted by rowbear1922
Houston, TX
Member since Oct 2008
15825 posts
Posted on 12/20/18 at 11:16 am to
quote:

Absurd to ask that much out of a bartender.


In Louisiana, you are informed of this when you get your bar card. You are told about fines and possible jail time if you over serve.
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 12/20/18 at 11:19 am to
quote:

Bartender response: "he told me he was going to call an Uber." End of case?


That's not the bartender's responsibility. How the guy is getting home isn't his concern. Over-serving is the bartender's responsibility, regardless of how the person is getting home.
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:22 am to
quote:

In Louisiana, you are informed of this when you get your bar card. You are told about fines and possible jail time if you over serve.


Yeah no shite, I bartended for years in LA. I’ve been through these situations plenty of times before. I’ve seen bartenders physically trying to take keys away from patrons to not drive. Talking 110 pound women trying to overpower grown arse men. It’s a dangerous situation or can be

I’ve seen customers walk in and order a beer and seen perfectly normal, then after serving you realize they are way too fricked up. Or get someone else handing them drinks.

I’ve seen people who can black out after 2 drinks, or can get into drunk accidents after a normal amount of drinks. Theres no singular line or point of intoxication that is easily identifiable and customers will always lie about how they are getting home.

There are times when we would be in the bar completely alone, and you’re expected to leave the bar unattended every time a drunk person walks out the front door?


It’s just an absurd law and expectation.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/20/18 at 11:23 am to
“He was blackout hammered and you continued to serve him”

The driving part doesn’t matter. He could’ve walked out in the street and got hit by a car, died of alcohol poinsoning, etc etc.

It’s about responsible serving.
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:23 am to
quote:

Over-serving is the bartender's responsibility, regardless of how the person is getting home.


Over serving can be defined down to more than 1 drink per hour if you want to place DUI and their accidents on the bartender
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 12/20/18 at 11:26 am to
quote:

Over serving can be defined down to more than 1 drink per hour if you want to place DUI and their accidents on the bartender


I'm not arguing the specifics, I'm just pointing out that overserving is the only thing for which the bartender is responsible. He's not responsible for how you get home or any of that other stuff, simply how much he's going to let you drink in his establishment.

Saying the guy lied about how he's getting home doesn't absolve you from your obligation in most states.
Posted by deltaland
Member since Mar 2011
103802 posts
Posted on 12/20/18 at 11:27 am to
It’s not the bartenders fault.

It’s the personal responsibility of the drinker to either drink responsibly or to have a ride home. He and he alone chose to drive
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/20/18 at 11:27 am to
quote:

I’ve seen people who can black out after 2 drinks


You bartend on an Indian reservation?
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:28 am to
I’m not arguing what the law is. I’m arguing that it shouldn’t be a law
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/20/18 at 11:28 am to
They gave a 19 year old 12 drinks without carding once.

That’s absolutely on the bartenders.
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:29 am to
quote:

You bartend on an Indian reservation?


Pills are likely the real reason. That stuff is like candy in the area I was in
Posted by cas4t
Member since Jan 2010
72193 posts
Posted on 12/20/18 at 11:29 am to
As someone who worked in the industry in college, it's obvious when someone has had too much. I never felt good about serving someone who I was worried would drive home. Had some tough conversations with my patrons, usually involving a "go get your manager" which certainly didn't help their case.

People should just be smarter and not get plastered and drive. But as a bartender, you are the one serving them as well...

quote:

This guy was also 19. Not sure if he had a fake ID. If not, then they are f’ed.



ABC license teaches you how to spot a fake, so whether he had one or not, bartender and establishment are still fricked.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/20/18 at 11:30 am to
Yeah bars and booze is a bad combo.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/20/18 at 11:30 am to
It wasn’t whether it was a fake or not. They never carded him period.
Posted by Brettesaurus Rex
Baton Rouge
Member since Dec 2009
38261 posts
Posted on 12/20/18 at 11:31 am to
This is how drink limits at bars start happening to avoid suits.

But how in the world could anyone fault the bartender? Responsibility for your actions is your own.
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 12/20/18 at 11:32 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.


Not so easy these days. For 200 bucks you can buy an ID online that will fully scan and look completely legitimate.

I was a stickler for IDs, because kids don’t frickin tip. I know every trick in the book
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 12/20/18 at 11:32 am to
quote:

I’m not arguing what the law is. I’m arguing that it shouldn’t be a law


I think in periods of gross negligence, it should matter. For what it's worth, most of this is civil stuff anyway. These bartenders were arrested for serving to a minor and breaking a couple liquor license laws. The fact that someone was killed probably forced the DA's hand, but they're not arrested or responsible criminally for her death.

If I was on a civil jury, I could find fault in the establishment/bartender in some cases, but there are always mitigating circumstances. For instance, her death is more likely the result of not wearing a seatbelt more than anything. I could see thinking a bar is responsible for maybe 10% of a particular situation.
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