The Wedding Party at the Bar
It is 9:40 p.m. at a hotel bar hosting a wedding after-party of about 40 guests. A groomsman, Tomas, has had four whiskey neat pours over roughly two hours and is now ordering a round of six shots for the table. His speech is slightly slurred, he is leaning on the bar, and he has knocked over a glass of water. He says, 'I'm fine, I'm just tired - it's my brother's wedding.' His friend says, 'He's a big guy, he can handle it.' The bartender has already served him the four pours. The bar closes at 11 p.m. and the party is loud but orderly.
1. Should the bartender serve the round of six shots to Tomas? Identify the observable signs and the standard being applied.
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No. The bartender should refuse the round. The observable signs - slurred speech, leaning on the bar for support, and knocking over a glass - indicate impairment, and the bartender has personally served four neat pours, which is a substantial amount of distilled spirits. The standard is whether the person appears intoxicated, not whether they claim to be fine or whether a friend vouches for them. 'He's a big guy' is not a defense; tolerance varies and does not make service lawful. Serving six more shots to an impaired person would be over-service and creates risk of injury and licensee liability.
2. Tomas becomes angry and demands the shots. What should the bartender say and do next?
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The bartender should stay calm, avoid arguing, and give a clear, brief refusal: 'I can't serve you more alcohol tonight - I want you to get home safe.' Offer water and food, and involve the manager if needed. Do not negotiate down to 'just one' or let another guest buy the round for him. The bartender should also alert other staff and the manager so the refusal is consistent across the bar, and should watch for signs of worsening condition. If Tomas is unsteady, staff should help arrange a safe ride rather than let him drive.
3. A sober bridesmaid offers to buy the six shots and take them to the table. How does that change the analysis?
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It does not make the sale permissible if the shots are intended for Tomas. The bartender would be knowingly furnishing alcohol to an intoxicated person through an intermediary, which is still over-service. The bartender should decline the round and explain that the issue is the intended recipient, not the buyer. If the bridesmaid wants drinks for other guests, the bartender can serve those guests individually after checking their condition. The judgment call is to look past the identity of the purchaser to who will consume the alcohol.