Last Call at the High Desert Taproom
At 1:42 a.m. on a Saturday, you are the closing bartender at The High Desert Taproom, a dispenser licensee with an approved 2:00 a.m. closing time. A 52-year-old regular, Mr. R, has been at the bar for about 90 minutes. In that time he has ordered three double bourbons, paid cash, and become increasingly loud. He has slurred speech, knocked over a water glass, and needed the bar to steady himself on his last trip from the restroom. He now orders a fourth double. His friend, who has been drinking soda, says, "I'm driving him home, so it's fine." The bar is crowded, the other bartender is on break, and your shift supervisor is in the office. You completed server training two months ago. Mr. R is not aggressive, but he is clearly unsteady and repeats himself.
1. Should you pour the fourth drink? Explain the standard you apply and what you would do in the next few minutes.
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No. New Mexico prohibits selling or serving alcohol to a person who is visibly intoxicated, and the signs here are strong: slurred speech, repeated statements, unsteadiness, and a spilled glass. The fact that closing time is still 18 minutes away does not create permission to serve. The test is not whether Mr. R can pay or whether he says he is fine; it is whether a reasonable server would recognize impairment. His friend's offer to drive does not cure the problem, because the sale itself is prohibited. Close the tab, offer water and food, and arrange a ride or call a taxi. Notify your supervisor so the decision is documented. If Mr. R insists on another drink, refuse calmly and ask him to leave; if he becomes belligerent, call security or police rather than physically confronting him. Record the time, the signs you observed, and the steps you took.
2. Mr. R's friend orders two beers and says the second is for Mr. R. Can you serve either beer? What risks arise?
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You may serve the friend one beer if the friend is 21 or older and is not intoxicated. You should not serve the second beer if you reasonably believe it is for Mr. R. Serving a sober friend while knowing the drink will be passed to an intoxicated person is still a way of providing alcohol to an intoxicated patron, and it undermines the refusal you just made. If the friend takes one beer and sets the second in front of Mr. R, intervene immediately and remove it. The licensee is responsible for service on the premises, so a workaround can create dram shop exposure if Mr. R later causes harm. Explain the policy briefly, offer the friend a nonalcoholic option, and document the exchange. If the friend becomes angry, involve the supervisor rather than escalating.
3. Mr. R leaves and gets into the driver's seat. What should you do, and what exposure remains?
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Call police or 911 immediately if Mr. R appears impaired and is about to drive. Give the dispatcher a description of the vehicle, plate number if known, direction of travel, and the signs you observed. Do not physically restrain him or block the vehicle; that can create new safety and liability problems. Document the time you called and what you reported. Your earlier refusal to serve was correct, but once you know an impaired patron is driving, doing nothing is not a neutral choice. The licensee can still face civil dram shop exposure and administrative scrutiny if the facts show the establishment served him to intoxication and then let him drive. The best practice is to prevent the situation earlier by arranging a ride before he leaves the building.