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In Chicago and probably other large cities, many people walk or take a cab or uber when they're going to be drinking.
It's unreasonable to expect bartenders to babysit. In a busy bar that would be impossible. Then we have the issue of people going to a bar and ordering a few drinks to carry back to a bar table.
Personal responsibility. Whatever happened to it?
The key word in my post was "knowingly", as I think was the case in the link being discussed.
I sell wine in a large liquor store, and although I am not directly responsible for carding for ID or actually monitoring the customers, if I even suspect that an underage person is shopping for alcohol or if I see someone who I suspect might be under the influence, it is my responsibility to notify a manager. In fact, the wine and liquor stores in Colorado (at least in my county, anyway) are so strict that a store can be heavily fined and even closed down for a while if a store sells to someone who is even accompanied by a teenager* or who knowingly sells to someone who has a teenager waiting in the car, unless the purchaser is the parent or guardian of the minor(s). Btw, I do very much approve of that law.
*By teenager, I also mean those who are 20, as well.
But I do think the bar should have some responsibility to ensure that obviously drunk customers leaving the premises have a safe ride home.
It's one thing for a store to sell alcohol to a customer, who later gets drunk and causes death, and another matter entirely if someone gets drunk or is drunk in a bar and the establishment does nothing.
Yes, that is the law here. It is enforced every weekend.
There use to be a 6th Street Association fund, just for the legal fees and restitution.
I don't think any bartender has gone to jail. Just pay the man and shut up.
How does one know who has had too much? And what if they lie and tell you they have a DD but don't?
The standard seems to be if the person commits a crime likely due to intoxication then negligence for not noticing the intoxication falls back on the server.
And "serving alcohol to intoxicated people" is pretty much the definition of the job.
No it's not. Knowing the signs of an intoxicated person, and not over serving patrons, is part of their training as a bartender. If a person is coming up to the bar obviously drunk, slurring their words and barely able to stand, it's time to cut them off and call them a cab.
It doesn't matter if they claim to have a DD or whatever, you still don't over serve anyone. A bartender's job is not to get the patrons trashed.
No it's not. Knowing the signs of an intoxicated person, and not over serving patrons, is part of their training as a bartender. If a person is coming up to the bar obviously drunk, slurring their words and barely able to stand, it's time to cut them off and call them a cab.
It doesn't matter if they claim to have a DD or whatever, you still don't over serve anyone. A bartender's job is not to get the patrons trashed.
Yes that's the legal responsibility, but we all know bartenders serve people everyone knows is intoxicated. Everyone accepts this until it contributes to a death. Then there is if any thing usually a fine for serving the person. Not saying there is anything wrong with that.
Shouldnt matter that the driver was drunk, the crime is the killing and death of another motorist.
It is because the Bar usually has additionally deeper pockets than the drunk, to pay for and above all damages.
Adds to the "It wasn't your fault" mentality of Progressiville(Austin).
The key word in my post was "knowingly", as I think was the case in the link being discussed.
But it's just a charge of negligence, which is not "knowingly" or even aware that the person might be intoxicated but "unaware" when you should've been aware.
So even if you are unaware that a person you served is intoxicated and they commit a crime due to intoxication then it assumed you should've been aware of the intoxication and were negligent.
Wasn't the bartenders only charged with “selling an alcoholic beverage to an intoxicated person" and not homicide? If so that seems like an appropriate charge. It's just a minor misdemeanor.
Do you have any idea of how much a record ruins someone's life? Having "just a minor misdemeanor" is enough to ensure that it'll be next to impossible for them to secure employment or rent a flat ever again.
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