The Round That Was Not for Everyone
At 9:30 p.m. in a sports bar, a server has just cut off a 28-year-old customer, Marcus, after he slurred his words, knocked over a stool, and nearly fell on the way back from the restroom. Ten minutes later, Marcus's three friends order a pitcher of beer and four glasses. One friend says, 'The pitcher is for us, not him.' The server sees Marcus reach for an empty glass and slide it toward the center of the table. The friends are not visibly intoxicated. The bar is at capacity, and the group is near the door. The server must decide whether to sell the pitcher, how to serve the friends without facilitating Marcus's drinking, and how to handle the group's pushback.
1. Can the server sell the pitcher to the friends? Explain using the risk of indirect service.
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The server should not sell the pitcher as ordered. Nevada law prohibits serving an intoxicated person, and it also prohibits furnishing alcohol to an intoxicated person through a third party. The server has just cut Marcus off for clear signs of intoxication; ten minutes later he is still at the table and is reaching for a glass. A pitcher and four glasses for a table that includes Marcus creates a foreseeable risk that he will drink. The server does not need proof that he will drink; reasonable belief is enough to refuse. Serving the friends a pitcher in that setting would undermine the cutoff and could be treated as indirect service to Marcus.
2. How should the server serve the friends, if at all, without letting Marcus drink?
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If the friends want drinks, the server can offer to serve them individually in bottles or glasses, with no extra glass for Marcus, and can state that Marcus will not be served. The server should remove the empty glass Marcus reached for and keep the pitcher away from the table. A better option is to move the friends to a different table or to close out the tab if the group will not cooperate. The server should continue to monitor the table. If Marcus takes a drink from someone else's glass, the server must intervene again and involve the manager.
3. The friends argue that they are sober and have a right to order. How should the server handle the pushback?
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The server should acknowledge the friends calmly: 'I understand you're not the one I cut off. I can't sell a pitcher to this table because Marcus is still with you and has already been refused.' The server should not get drawn into a debate about rights; there is no right to a particular form of service. If the friends become hostile, the manager or security should take over. The server should document the cutoff, the pitcher refusal, and any warnings. If the group continues to try to get alcohol to Marcus, the establishment can ask them to leave.