Last Call at 1:50
A Michigan bar's license allows alcohol sales until 2:00 a.m. At 1:50 a.m., a man in his 40s walks in, holds the door frame for balance, and orders a double whiskey. He smells strongly of alcohol, his shirt is stained, and his words are slightly slurred. He says he 'just got off work' and is 'totally fine.' A friend who is already inside and has a valid ID says, 'He's just tired; give him a beer.' The bartender has ten minutes before last call. The bar has a written policy of calling cabs for intoxicated patrons. The man insists he will drive himself; his car is in the lot, and he is becoming louder. There are two other customers waiting for drinks.
1. Can the bartender serve the double whiskey at 1:50 a.m.? Consider both the clock and the man's condition.
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No. The 2:00 a.m. cutoff is a ceiling, not a license to serve anyone who arrives before it. At 1:50 a.m. the bartender still must apply the same visible-intoxication test. The man is holding the door frame for balance, smells of alcohol, has a stained shirt, and is slurring; those are observable signs that he is already impaired, possibly before he entered. Serving a double whiskey would add alcohol to an already intoxicated person and would violate Michigan's prohibition on sales to visibly intoxicated persons. The friend's 'just tired' explanation does not override the bartender's observations. The two waiting customers and the ten minutes left do not justify a rushed, unlawful sale.
2. What transportation steps should the bartender take, and what can the bar do about his car keys?
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Refuse the whiskey, offer water or food, and call a cab or rideshare under the bar's written policy. Involve the manager. Ask the friend to drive him or to help persuade him. The bar may offer to keep his keys or park his car, but staff should not forcibly take keys from his pocket or physically block him. Say clearly: 'I'm not serving you, and I don't want you driving. I've called you a cab.' If he voluntarily hands over the keys, log that. If he becomes loud or threatening, keep distance and call police. Do not chase him into the lot.
3. If he leaves before the cab arrives and drives, what should the bar do and what exposure remains?
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If he leaves before the cab arrives, call police with a description, the direction of travel, and the plate number if known. Do not follow him or attempt a citizen's arrest. The bar's immediate exposure is lower if no sale was made, but the incident still matters for license compliance and for the safety of the public. If the bar had served him earlier, or if staff had furnished alcohol after observing impairment, a dram shop claim would be much stronger. The written refusal, cab call, manager notification, and police call are the record that shows the house took reasonable steps. If he drives and injures someone, preserve video and the incident log.