Tis the season. Bars and restaurants are packed with patrons looking to get in the holiday spirit – or perhaps just consuming spirits. Either way, selling alcohol comes with many responsibilities and potential for liability if an impaired patron causes injury or death to another.
Similar to social hosts discussed in my last article, an establishment licensed to sell alcohol cannot sell or give alcohol to someone who is intoxicated. Again, this intoxication standard means someone who is materially impaired; it is not necessarily the .08 standard for drunk driving. Further, the law requires that service be refused to someone who is impaired.
I often have clients tell me cutting someone off or refusing service is very difficult. They do not want to embarrass a customer and, let’s face it, bars and restaurants are in the business of selling alcohol.
With that in mind, here are four tips I give to bars and restaurants who are licensed by the state to sell alcohol: know and understand the law; have policies in place consistent with the law; train your staff to follow the law; and keep records that show that compliance.
I outline each of these tips below:
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