The Birthday Round for an Intoxicated Friend
At 11:15 p.m. on a Saturday, you are bartending at a licensed tavern in Peoria. A customer, Dan, has been at the bar for about two hours. You have served him four pints of beer and two shots of whiskey. He is now leaning on the bar, his speech is slurred, he has spilled his water twice, and he is repeating the same story about his brother's wedding. His eyes are bloodshot, and he sways when he stands. His friend, Marcus, who has been drinking only soda for the last hour, approaches the bar and orders 'two more shots of Jameson and a beer for Dan - it's his birthday.' Marcus appears sober: steady balance, clear speech, no odor of alcohol, and no slurring. Dan is 32 and has a valid Illinois driver's license. The bar is busy, and four regulars are waiting. The tavern's policy says 'no service to visibly intoxicated persons' and 'no third-party service to intoxicated persons.' Marcus says, 'Come on, it's his birthday, one more won't hurt.'
1. Identify the signs that Dan is visibly intoxicated. Would the smell of alcohol alone be enough to establish intoxication? Explain the standard.
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Dan shows multiple observable signs of intoxication: slurred speech, spilled water twice, repeating the same story, bloodshot eyes, leaning on the bar, and swaying when standing. These are motor and behavioral cues that a reasonable server would recognize. The odor of alcohol alone would not be enough, because a person can smell of alcohol without being impaired and the strength of the odor does not measure blood alcohol concentration. The standard is 'visibly intoxicated' - meaning the person's appearance or conduct would lead a reasonable person to know they are intoxicated. Dan meets that standard before the new round is ordered.
2. Should you serve Marcus the two shots and the beer? Explain the legal and policy reasoning, including third-party service.
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No. Even though Marcus is sober and is the one ordering, the order includes alcohol for Dan, who is visibly intoxicated. Furnishing alcohol to an intoxicated person through a sober intermediary is still a sale/furnishing to an intoxicated person under Illinois law and violates the tavern's written policy. You may serve Marcus a drink for himself if he is 21 or older and not intoxicated, but you should not serve the two shots and the beer intended for Dan. Serving Dan more alcohol increases the risk of injury and the bar's dram shop exposure. Explain the refusal to Marcus without arguing.
3. What steps should you take to prevent over-service and protect Dan and the business?
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Cut off Dan: tell him firmly and politely that you cannot serve him more alcohol, offer water and food, and do not let him drive. Call a taxi or rideshare, notify the manager, and monitor him until he leaves safely. If he becomes belligerent, call the police. Document the time, the signs you observed, the refusal, and the transportation arrangement in an incident log. For Marcus, explain the third-party service rule and offer non-alcoholic options. Also check whether Dan arrived with anyone who can drive him. Consistent enforcement protects Dan, other patrons, and the licensee.