The Birthday Table Orders a Round of Shots
At a Baton Rouge restaurant, a six-person table is celebrating a birthday with dinner and cocktails. One guest, Darryl, has had three 8-ounce martinis in 90 minutes. He is now talking louder than the table, repeating himself, and his words slur slightly. He stands to go to the restroom and steadies himself on the chair. He returns and orders a round of six lemon-drop shots for the table and asks to close out the tab. The designated driver is Darryl's brother, who has had two beers. Darryl says, 'I'm fine - I'm not driving.' The server is 22 and certified. The bar is busy, and the manager is in the office. The server has already served the table two rounds.
1. Identify the signs that matter and decide whether the server must refuse the shot order.
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The server should refuse to serve Darryl more alcohol. The relevant signs are not just the number of drinks; they are the observable impairment cues: three 8-ounce martinis in 90 minutes, louder speech, repetition, slight slurring, and steadying himself on the chair when standing. Those signs together support a reasonable belief that Darryl is visibly intoxicated. The fact that he is not driving does not make further service lawful; the prohibition is on serving an intoxicated person, not only on serving a drinking driver. The server should not rely on Darryl's self-assessment ('I'm fine') or on the birthday context. The round of six shots should not be served as ordered because it is partly for Darryl and would predictably be placed in front of him.
2. How should the server handle the table so the other guests are treated fairly?
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Separate the refusal from the rest of the table's service. The server can say quietly to Darryl: 'I'm not going to serve you another drink tonight. I can bring you water, coffee, or food.' To the table, the server can explain that the round cannot be served as ordered, but that guests who are not visibly intoxicated may order individual drinks. The server should not announce that Darryl is drunk or humiliate him. The server should also watch the brother: two beers may not make him intoxicated, but he is the designated driver, so the server should not encourage more drinking and should offer to call a cab or ride service. If Darryl becomes disruptive, involve the manager. Document the refusal and the manager notification in the shift log.
3. What should the server do about the tab and the customers leaving?
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The server may close out the tab and accept payment for what has already been lawfully served. Closing the tab is not the same as serving another drink, and refusing the shots does not mean the table must be thrown out. Before the group leaves, the server should confirm who is driving, offer a ride alternative, and alert the manager if Darryl appears unsteady or insists on driving. The server should not physically take keys or restrain anyone; that is a manager or law-enforcement decision. If Darryl tries to drive while clearly impaired, the manager should call police or the appropriate non-emergency line. Document the refused round, the alternatives offered, the tab closing, and any manager or police involvement. The record should show that the refusal was based on observed signs, not on personal dislike.