Overserved Alcohol

[hairysasquatch]

Should bars or restaurants be liable for overserving alcohol to patrons? Please answer in the poll.

[TheHeel]

I think there should be some responsibility. If a patron is obviously highly intoxicated, sloppy, and/or belligerent, the bar should be cutting that person off. A person can't go to the doctor and ask for a script that is more than the appropriate amount.

[carlo16]

Originally Posted by TheHeel

I think there should be some responsibility. If a patron is obviously highly intoxicated, sloppy, and/or belligerent, the bar should be cutting that person off. A person can't go to the doctor and ask for a script that is more than the appropriate amount.

It's up to the patient to take that script appropriately. All scripts contain more than the appropriate amount.
The word obvious is very subjective. Is over the legal driving BAC grounds for cutting someone off? 2 cocktails and a shot in a hour and you're probably over the legal limit. Is that irresponsible serving? That bar will be closed in a month if you keep patrons to a one drink an hour rule.

[Siberian13]

Only thing that can be done is valet parking. Set a limit of number of drinks. If a customer wants more than the limit, they can’t get their keys back. But that only stops driving incidents. Doesn’t stop them from fighting or other things.

[Whodatiz]

Originally Posted by Siberian13

Only thing that can be done is valet parking. Set a limit of number of drinks. If a customer wants more than the limit, they can’t get their keys back. But that only stops driving incidents. Doesn’t stop them from fighting or other things.

Right. Unlawful seizure of someone’s property will go over well.

Just get the cops involved if it comes to that thought.

[TheHeel]

Originally Posted by carlo16

It's up to the patient to take that script appropriately. All scripts contain more than the appropriate amount.
The word obvious is very subjective. Is over the legal driving BAC grounds for cutting someone off? 2 cocktails and a shot in a hour and you're probably over the legal limit. Is that irresponsible serving? That bar will be closed in a month if you keep patrons to a one drink an hour rule.

I am speaking about asking the doctor for extra and the doctor giving extra.

[carlo16]

Originally Posted by TheHeel

I am speaking about asking the doctor for extra and the doctor giving extra.

A bottle of 30 Perc's isnt extra?

[ssbledsoe]

It's a double edged sword. At some point you're going to cut someone off and create a fight, and at some point you're going to not cut someone off who should be because they're experts at hiding their intoxication. Neither are good. Doesn't mean the bar keep shouldn't try.

[Siberian13]

Originally Posted by TheHeel

I am speaking about asking the doctor for extra and the doctor giving extra.

Doctors always give you extra. That’s why you get a 30 day supply in general.

[carlo16]

Originally Posted by ssbledsoe

It's a double edged sword. At some point you're going to cut someone off and create a fight, and at some point you're going to not cut someone off who should be because they're experts at hiding their intoxication. Neither are good. Doesn't mean the bar keep shouldn't try.

This.
I've been in the industry 30 years and overserving is such a complicated term.

[JohnnyHatesJazz]

The obvious answer is yes. Having a license of any kind means there’s responsibilities to prevent negligence.

Hairy we need a chicken wars poll. It’s getting hot and heavy.

[JeffG1954]

So a bar hopper just had 3 quick shots, then moves on to the next bar.....still not showing any intoxication signs, gets one shot and leaves, gets into an accident....who is responsible(other than the consumer)?

[Siberian13]

Originally Posted by JeffG1954

So a bar hopper just had 3 quick shots, then moves on to the next bar.....still not showing any intoxication signs, gets one shot and leaves, gets into an accident....who is responsible(other than the consumer)?

Nothing you can do but breathalyzers.

[JohnnyHatesJazz]

Originally Posted by JeffG1954

So a bar hopper just had 3 quick shots, then moves on to the next bar.....still not showing any intoxication signs, gets one shot and leaves, gets into an accident....who is responsible(other than the consumer)?

For an establishment to be liable there has to be discernible proof that a bartender served a patron that clearly shows himself to be incapable of operating a motor vehicle. Stumbling, bumbling, being incoherent. This is likely corroborated by witnesses or cameras in conjunction with an elevated BAC.

[Bosoxfan5990]

Good topic, hairy.

[Siberian13]

Originally Posted by Bosoxfan5990

Good topic, hairy.

Yes 5 stars today

[asujbl]

Are we allowed to differentiate between a bar and restaurant? Or at least a place that cards you to get in at some point?

You should absolutely get cut off at a restaurant. There should be some common sense where people go to eat with their families. If you let some guy just get hammered? I can see liability

Bars? Let’s be realistic… especially if it’s a place on a campus or maybe a downtown area… they aren’t cutting you off if you are spending big money on shots and rounds of drinks. You’d hope that’s the atmosphere that encourages an Uber as well. You’re going out for a reason

If you card people at the door and/or are open until 2:00am? You’re a bar

You’d go our of business in a month if you were liable

Anywhere else I’m fine cutting people off or being liable if you don’t

If that makes sense

[Siberian13]

Originally Posted by asujbl

Are we allowed to differentiate between a bar and restaurant? Or at least a place that cards you to get in at some point?

You should absolutely get cut off at a restaurant. There should be some common sense where people go to eat with their families. If you let some guy just get hammered? I can see liability

Bars? Let’s be realistic… especially if it’s a place on a campus or maybe a downtown area… they aren’t cutting you off if you are spending big money on shots and rounds of drinks. You’d hope that’s the atmosphere that encourages an Uber as well. You’re going out for a reason

If you card people at the door and/or are open until 2:00am? You’re a bar

You’d go our of business in a month if you were liable

Anywhere else I’m fine cutting people off or being liable if you don’t

If that makes sense

I don’t see the difference. If you serve alcohol it’s the same thing. There’s nothing either could do or they’d go out of business. Restaurants don’t make much on the food and need the alcohol sales.

[asujbl]

Originally Posted by Siberian13

I don’t see the difference. If you serve alcohol it’s the same thing. There’s nothing either could do or they’d go out of business. Restaurants don’t make much on the food and need the alcohol sales.

It’s not the same thing

If you didn’t serve drunk people at a bar you’ll be bankrupt in a month. You’re kicking everyone out you think is intoxicated? Good luck with that

If you didn’t serve drunk people at a restaurant you’ll survive just fine with good food. You can still serve alchohol. That’s fine. You can absolutely kick out a drunk person at a restaurant and it won’t move the needle

But I’m good either way

[JohnnyHatesJazz]

Originally Posted by Siberian13

I don’t see the difference. If you serve alcohol it’s the same thing. There’s nothing either could do or they’d go out of business. Restaurants don’t make much on the food and need the alcohol sales.

Here in Pa they are technically one and the same. To serve alcohol they both need a restaurant (R) license which has strict food and seating requirements. The best way to sell alcohol and avoid liability like this is to open a distributor, grocery or convenience store.

[asujbl]

If you have a bouncer and are open past 11:00 you are a bar

Simple as that

But legally I know they are all the same

[hairysasquatch]

Originally Posted by Bosoxfan5990

Good topic, hairy.

Originally Posted by Siberian13

Yes 5 stars today

Thanks

[coltsnsox07]

Everyone needs to blame someone else for everything today, no sense of self- responsibility.

[corndog]

I'd be all in on a dry country.

[ksemmel]

Originally Posted by coltsnsox07

Everyone needs to blame someone else for everything today, no sense of self- responsibility.

100% agree.