Description

The service of alcohol creates many pitfalls for the unwary hospitality operator. Active vigilance is the best method of avoiding liability issues that are commonly associated with the sale of alcohol. In addition to the liability that attaches to the sale of alcohol, hospitality operators must be active in hosting of employee parties where alcohol is served and also in the management of alcohol on the premises to prevent employees from consumption. The following issues are ones that are appropriate given this topic. Consider each scenario and discuss the appropriate response of management. Use statutes and actual cases to support your position when possible.

Bar Service: You have a customer who has been drinking excessively. Your bartender says it’s not a problem because every time the man orders a beer, the bartender simply serves him a non-alcoholic beer. The idea is to give the man sufficient time to sober up. What liability issues arise in this circumstance? How would you handle this?

Intoxicated Crowd: You have a crowd who just walked in the door of your bar. They have all ordered a cocktail and the bartender is preparing their drinks. You begin to realize they are already intoxicated. The smell, the rowdy behavior and even the comments they are making about the alcohol they consumed at the bar they last visited clue you in that they are already intoxicated. What legal issues arise with the fact they arrived intoxicated? What would you do? What if you turned them away as customers, and then they had an alcohol related accident on the way home? Would you have any liability for forcing them to leave your establishment?

Slurred Speech: You are the owner of a bar. You notice that one of your customers is slurring his words. You don’t know if he is intoxicated or if he has suffered a stroke. He is alone. How would you go about finding out what is causing the slurring, and what would you do to maintain his safety in this situation?