Alcohol Server Responsibilities Explained
Whether you own a bar, restaurant, or hotel, the person serving drinks to your patrons is likely the most vital employee at your establishment. An alcohol server is responsible not only for providing a safe, enjoyable experience for all patrons but also for following laws and regulations regarding the sale of liquor and other alcoholic beverages. Failing to follow the rules can result in serious legal consequences for the alcohol server and the establishment they are working at.
Alcohol laws vary by state and municipality, but generally, they require businesses serving liquor to have a valid license, which may need to be renewed each year. Alcohol servers must also be trained in their state’s laws, as well as the policies and procedures of the establishment where they are working. For instance, if a server works at an all-inclusive resort in Mexico, her responsibilities will be significantly different than a server who works in a fast food restaurant in North Dakota .
In most states, there are also laws regulating when and how an alcohol server may refuse to sell to patrons who are intoxicated or underage. These laws sometimes require training on responsible service or identification checking, and also require servers to stop serving alcohol to patrons who are drunk or disorderly.
Those in the hospitality industry should always keep in mind that the most important duty of an alcohol server is to keep his or her guests safe. For instance, many states have "dram shop" liability laws that allow an injured person to bring a claim against an alcohol server or establishment for personal injuries from an accident caused by an intoxicated patron who had been served by the defendant. In addition to legal claims against the alcohol server and the establishment, servers may face criminal prosecution and lawsuits by injured parties for accidents caused by intoxicated patrons.
Complying With Alcohol Laws
It’s vital that alcohol servers understand and comply with all local and federal laws regarding sale and service. Beyond just age verification and licensing, servers must also be conscious of various liability issues that could put their entire establishment at risk of losing its privilege to serve. For instance, in the United States, the dram shop liability law holds servers, sellers and providers of alcohol responsible for actions instigated by patrons who were intoxicated. Dram shop liability can take many forms, but generally is dependent on the state and how miscreant behavior by sex, injury or property damages are tracked and reported.
Identifying and Preventing Over Service
A server is uniquely positioned to realize when a person has had too much to drink, which is why most state laws impose liability on servers only when they have actual knowledge a person is already drunk. For these laws to help prevent over-service and resulting injuries or deaths, it is essential for operators to fully train their staff to recognize the signs of drunkenness so that this knowledge can be imparted to their servers. In 2005, Dr. Barry K. Logan, PhD, DABFT, President of the American Board of Forensic Toxicology, explained in a scientific article published in The White Wabbler, the official journal of the Washington Association of Criminalists, how forensic scientists in Washington examine blood samples for evidence of alcohol consumption and can determine the likely level of inebriation from these samples.
Studies of drunkenness have shown that certain physical differences may indicate the level of drunkenness in a person. The following list includes many of the common signs and symptoms of intoxication and drunkenness, which can be used by servers everywhere to avoid over-service situations:
Digestive system
Stomach irritation and inflammation leading to nausea and vomiting.
Bloodstream
Alcohol concentration in the blood and clotting of the blood; blood becomes thick and less able to circulate as alcohol levels increase.
Brain and central nervous system
Disregard for consequences of actions; unstable emotions; impaired judgment; euphoria; lack of inhibitions and self-control; inability to remember the last few minutes of behavior and actions; slurred speech and inability to focus; decreased body temperature and nutrient absorption; soft tissue damage; impaired muscle control; unconsciousness and death.
Hearing
Inability to focus on sound; loss of sensitivity to pitch of sound; hearing becomes highly sensitive to noise; ringing in ears.
Smell
Reduced ability to detect odors.
Eyes
Bloodshot and glassy eyes; drooping eyelids; nystagmus (informally, "jerking" of the eyeball); inability of pupils to react to light; "bouncing" light reaction of pupils.
Skin surface
Pale skin; flushing and dilated blood vessels; dryness; clammy hands.
Kidneys
Retention of water during metabolism; urinating solely through the sweat glands; kidneys become inflamed; urination accompanied by low blood pressure and low blood yield to vital organs.
The Dangers of Being an Alcohol Server
As an alcohol server, you have certain legal duties. If you fail to meet those duties, you risk both civil and criminal liability. On the civil side, some states have what are called dram shop laws, which allow the victim of an alcohol-related injury to sue the server who served the alcohol that put him in that position. The most well-known dram shop statute is probably Montana’s, which allows anyone who is injured by a drunk driver (even if he isn’t hurt by the driver in a traffic accident) to sue any party who sold or served alcohol to the driver. Other dram shop statutes are more specific: for example, in Illinois, a server can be held liable if a patron is served alcohol "after he is already obviously intoxicated" and is involved in an accident or later injures someone as a result of impaired judgment.
But dram shop liability is not limited to the servers of intoxicated third parties. Depending on your state’s laws, you could be found civilly liable for serving an intoxicated person or a minor into a state of intoxication. For example, in Massachusetts, a bar where a fatality occurred after a patron jumped from a hotel balcony in a drunken stupor could be on the hook for a damages award to the family of that patron. In Missouri, a bar that served a minor who later raped and murdered a fifteen-year old girl could be sued (and in fact was, in that case). What you know about the state of your customer’s sobriety can be an important factor in dram shop liability cases, such as through the scenario described above where a bar serves a minor who later kills someone as a result of intoxication. Some states even go so far as to interprete the dram shop statute to permit the victims of the crimes that clients commit (intentionally or negligently) under the influence to hold the alcohol server liable for his actions in serving the alcohol.
Your state may also have criminal liability for certain actions as an alcohol server. The best known example of this is probably serving minors, which is a crime in every state. But in addition to serving minors, you might be at risk of criminal prosecution for providing free alcohol to intoxicated customers or failing to follow crowd control guidelines after serving minors.
The Value of Responsible Alcohol Service Programs
Recognizing the importance of responsible alcohol service, many states have implemented mandatory training programs for servers at establishments that sell alcohol, and the federal government has suggested the adoption of similar programs. Currently, more than 40 states and the District of Columbia have mandatory programs (also called "TIPS training"). These courses cover an overview of alcohol service laws, identifying intoxicated or underage guests, understanding third-party liability, and recognizing how alcohol can affect guest and staff safety.
Sadly, the absence of training is frequently a contributing factor to alcohol-related incidents, injuries, and fatalities. According to the National Institute on Alcohol Abuse and Alcoholism, 40% of underage drinkers report that they either are never asked, or seldom asked , to show identification when attempting to buy alcohol in bars and restaurants. As a result, the NIAAA recommends that all servers undergo alcohol server training.
Liability for the sale of alcohol to underage patrons has become stricter in recent years; many states have passed "dram shop" laws making establishments that serve alcohol liable for injury caused by intoxicated or drugged individuals who leave the premises without their consent. The majority of dram shop statutes require evidence that the establishment knew or should have known that the individual being served was intoxicated and/or underage. Alcohol training programs such as TIPS are designed to give servers (and the establishment) the tools to spot clients who are clearly intoxicated or underage, with the goal of avoiding service to such patrons.
Dealing With Challenging Situations as an Alcohol Server
When it comes to refusing service and calling for assistance, knowledge is power. There is a right way to refuse service, a right way to call for assistance, and some situations where you should excuse yourself from a scenario. With a little preparation and knowledge, you can become an expert at dealing with difficult situations.
Refusing Service in California
In most situations, refusing service to a customer is desired. Not only does the customer who has had too much to drink tend to be a liability and might cause a fight, but they are usually incredibly unpleasant. Refusing service can be uncomfortable because you want to treat people kindly, but "Mr. Semi-Automatic" might not take the news of refusal well. Don’t fear the megalomaniac. When refusing service, be polite but firm. The customer might have a slow realization that you are refusing them service, but when he does, simply explain that you cannot serve him. Speak to the customer like you are talking to a child who just keeps asking the same question. This requires a certain amount of leadership, but it can be done! If you are unable to refuse service, you should seek help from a superior, a barback or security officer.
Calling for Help in California
Calling for help and getting an earful is never pleasant, so try to avoid speaking to your coworkers about the situation before you seek assistance. But in certain situations, this is unavoidable. Use an abbreviated script, one that leaves out the detail of the situation. Be kind and polite to the barback and co-workers you are addressing. If you summarily insult a co-worker while requesting assistance, it tends to reduce the chance they will actually help you, and you will be stuck with a misbehaving customer. If you are able to call 911, do so. In most cases, 911 is the best place to get immediate assistance as soon as possible.
When to Leave the Situation
You should leave the situation when it becomes physically dangerous, whether you are being insulted, threatened or physically intimidated. Leave if it is no longer safe to continue the interaction. If at all possible, try to leave the area without alerting the customer to the fact that you are leaving.
Buying Time as an Alcohol Server
The most common way to gain time when dealing with an unruly customer is to announce that you will be serving him no more alcohol. Then you can excuse yourself from the situation and seek assistance if necessary. An extended delay in this case is usually sufficient. In some cases, you might find it convenient to engage in conversation with the customer until you seek assistance. In such a case, you will effectively buy a little time in the form of a distraction. As an alcohol server, you are the first line of defense against unruly customers and other liabilities. If you educate yourself on how to handle these situations, you will be a professional in no time.
Conclusion: Maintaining Legal and Ethical Standards
From the time a patron first lays down cash until just after the last drink has been served at closing time, the person in the server position is responsible for maintaining basic legal and ethical standards. Recognizing when a patron is becoming intoxicated, identifying individuals who may appear sober but are already inebriated, refusing service to intoxicated patrons, understanding how to calculate blood alcohol content, and recognizing when a patron is engaging in illegal behavior can save the patrol, the bar or restaurant and the server himself or herself from experiencing unfortunate and unnecessary incidents . Remaining vigilant and exercising caution are absolutely essential to ensuring that everyone in and around the bar or restaurant is safe and that the establishment will remain profitable as a result because it is a legal business.