The Round of Shots
Friday night at a Michigan tavern. Five people enter together. Derek, 25, is loud, swaying, and slurring his words; he has a valid Michigan license. Lena looks about 19, has no ID, and says she left it in the car. Chris, 23, is sober and has a valid ID. Chris orders five shots of whiskey and says, 'These are for me and my friends.' The bartender sees Derek put an arm around Lena and whisper to her. Lena says, 'I'm not drinking, I'm the designated driver.' Chris laughs and says, 'She'll have one.' Derek puts a $50 bill on the bar and says, 'Come on, we're celebrating.' The bartender has not served Derek before tonight, but Derek has been in the bar for 30 minutes and has a half-empty glass in front of him. The tavern has a policy against serving anyone who appears intoxicated and against serving groups when one person cannot be verified.
1. Can the bartender sell the five shots to Chris as proposed? Analyze each person and the transaction.
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Not as proposed. Chris is 23 and sober, so he could legally buy a drink for himself. But the order is five shots for a group that includes Derek, who is visibly intoxicated, and Lena, who has no ID and appears under 21. The bartender has actual knowledge of the intended recipients, so selling the five shots to Chris would be a straw sale: a sale to a sober adult with knowledge that the alcohol will be furnished to an intoxicated person and an apparent minor. Derek cannot be served because of his swaying and slurred speech. Lena cannot be served without valid proof of age; her 'designated driver' statement does not authorize alcohol, and if she is under 21 any furnishing is illegal. The $50 bill and the celebration do not change the analysis.
2. If Chris says the shots are only for the three verified adults, does that change the answer for Derek? What if Derek is not drinking but is just loud?
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If Chris says the shots are only for the three verified adults, the bartender may consider serving Chris and another verified, sober adult individually, but not Derek. Derek's visible intoxication is an independent bar to service, regardless of who pays. If Derek is merely loud but shows no impairment, the bartender still needs to verify his ID and watch him, but the facts here include swaying and slurred speech. The bartender should not sell a round that includes Derek and should not rely on Chris's promise about who will drink it. If Chris insists, refuse the round and explain briefly: 'I can serve you and your verified friend, but I can't serve him, and I can't sell a round I know includes him.'
3. What should the bartender document, and when should police be called?
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Document the time, the group size, the IDs checked, Derek's observed signs, Lena's lack of ID, Chris's statements, the refusal, and the manager notification. Note the half-empty glass and the 30 minutes Derek was in the bar. If Chris threatens staff, refuses to leave, or Derek tries to drive, call police. If Lena is a minor and someone else tries to buy for her, treat that as a furnishing attempt. The record should show that the bartender separated the lawful part of the transaction (Chris drinking his own verified drink) from the unlawful part (shots for Derek and Lena).