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Old 09-19-2018, 01:28 PM
 
4,045 posts, read 1,808,394 times
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Ever since MADD was successful in getting stiffer penalties and lower numbers on legally drunk, bartenders have been held responsible in egregious cases. Every bartender in business has to pass a refresher course each year just like food prepares and safety classes in industry and infection control in the medical field and so on. Point is, its nothing new. It is rare bartenders actually get charged but any bartender has the right and obligation to refuse service to anyone obviously intoxicated. Any bar/bar manager worth its license will call a cab and foot the bill for excessively intoxicated patrons they know intend to drive and have no other way home.

I would imagine there are a lot of things that have to be proven in order for the bar/bar tender to actually be charged and convicted but the possibility has been a reality for 20 or 30 years or longer. Like I said, its nothing new.
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Old 09-19-2018, 01:58 PM
 
11,096 posts, read 6,601,916 times
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Quote:
Originally Posted by ohhwanderlust View Post
Most people are not slurring and falling over themselves after only 3 drinks.

But that will likely put them over the legal limit to drive.
This isn't about the legal limit to drive. Bartenders are not responsible for a person's dui. The issue is continuing to give some alcohol after they are clearly showing signs of being intoxicated, such as slurring their words or falling over.
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Old 09-19-2018, 02:24 PM
 
Location: Here and there
1,752 posts, read 3,497,704 times
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As I understand it, the Responsible Vendor rule is about serving an obvious severely intoxicated individual. Not simply tipsy, or even legally too drunk to drive. Overly intoxicated. I know someone who went through this from the bartender side but drugs were also found in the drivers bloodstream so she was not charged.
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Old 09-19-2018, 02:28 PM
 
Location: Out West
20,680 posts, read 15,457,332 times
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Quote:
Originally Posted by ohhwanderlust View Post
Holy hell. No way do I agree with this. Bartenders do not get paid enough to be every customer's babysitter, especially when they're busy doing their job and serving others.

And "serving alcohol to intoxicated people" is pretty much the definition of the job. Should they have to administer breathalyzer tests to each patron?
It's one of the first rules that you learn when you get your permit to bartend. I did some bartending in one of my many jobs when I was younger, and they drilled that into us. If someone got drunk at our establishment and then were involved in an incident because they were drunk, we most certainly were to be held partially responsible for continuing to serve them.

Serving alcohol to an intoxicated customer is NOT IN ANY WAY, SHAPE, OR FORM "part of the job"!

As the poster above you stated, this is not a new thing. Every bartender knows this. If they don't think they get paid enough to babysit their customers, get a different job.
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Old 09-19-2018, 02:48 PM
Status: "We're all entitled to my own opinion." (set 4 days ago)
 
Location: Suburb of Chicago
17,452 posts, read 8,571,719 times
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Quote:
Originally Posted by No_Recess View Post
That's why I pay taxes: to have the government babysit me.

Just 15 minutes ago I was running with scissors and a man dressed up as Uncle Sam knocked on my door and told me to stop.
Honestly - this is what it feels like. We have to legislate every little thing and make other people responsible for our behavior.

Thus, your story doesn't hold water because the Feds would be enacting laws to make people on the street watching you run with scissors responsible for allowing you to continue running. And if that didn't happen, the Feds would be knocking on their doors.

I had an uncle who could drink everyone under the table. A functioning alcoholic. Never bobbed and weaved or slurred his words. But his reflexes were too slow to be able to drive when he got like that.

Now how the H would a bartender determine whether or not he was okay to drive? And again, are they supposed to ask patrons how they were planning on getting home?

What if the guy is over-served at a restaurant and not a bar? Should the parking valet be responsible for retrieving his car and handing over the keys?
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Old 09-19-2018, 02:52 PM
 
Location: Texas
7,825 posts, read 5,457,909 times
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Quote:
Originally Posted by MPowering1 View Post
I hate hearing stories like this. Do you remember if she was served alcohol using a fake ID or if the bartender knowingly served a minor?

I can't see holding a bartender responsible if she had a fake ID. The bartenders will need insurance to protect themselves from the actions of idiots.






The article says the bartender failed to check IDs.


Quote:
As part of a new crackdown on drunken driving, Harris County prosecutors charged three people including a Houston-area bartender with helping provide alcohol to the underage woman who was behind the wheel during a crash a few hours later that killed a woman and her infant son.


Amy L. Allen, a bartender at the Crescent City Connection Sports & Oyster Bar near Clear Lake, is charged with criminal negligence, accused of failing to check identifications for Veronica Rivas, 20, of Bacliff, and a 17-year-old friend, prosecutors said Thursday.


https://www.chron.com/neighborhood/b...m-85307-tbla-5
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Old 09-19-2018, 02:53 PM
 
11,999 posts, read 3,306,207 times
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Quote:
Originally Posted by MPowering1 View Post
Honestly - this is what it feels like. We have to legislate every little thing and make other people responsible for our behavior.
The bartenders aren't being held responsible for the other person's behavior per se.

They are only responsible for their own behavior-serving alcohol to an intoxicated person.

I heard a story of a woman who was drinking at bars a lot and at one bar she became too intoxicated from mixed drinks and fell off a high bar stool and suffered injury and lost her job. The bartender shouldn't have kept serving her or reduced the alcohol mix.
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Old 09-19-2018, 03:19 PM
Status: "We're all entitled to my own opinion." (set 4 days ago)
 
Location: Suburb of Chicago
17,452 posts, read 8,571,719 times
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Quote:
Originally Posted by fitzy24 View Post

The article says the bartender failed to check IDs.
Thanks, Fitzy. I understand the charge in his case because he didn't check ID's.
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Old 09-19-2018, 03:21 PM
 
Location: South Carolina
2,792 posts, read 1,678,347 times
Reputation: 1725
Yes lets not hold the person who was drunk responsible lets blame someone else. This seems to be happening a lot in this country blaming someone else for someone's lack of responsibility.
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Old 09-19-2018, 03:23 PM
 
11,999 posts, read 3,306,207 times
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Quote:
Originally Posted by MPowering1 View Post
Thanks, Fitzy. I understand the charge in his case because he didn't check ID's.
What's the difference between an obligation to check IDs before serving and to check for intoxication?
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