The Regular Who Insists on Driving
At a neighborhood bar in Salem, a regular named Phil has been at the bar for two hours. He drank three double bourbons on the rocks and has ordered a fourth. The server notices he is speaking more slowly, has spilled a drink, and is swaying when he stands. He is 58, a longtime friend of the owner, and says he is "fine to drive" because he only lives six blocks away. He puts his keys on the bar and asks for his tab. It is 10:10 p.m.; the bar closes at 11. Another customer has already complained that Phil bumped into them. The server is 22 and has a valid permit; the owner is in the back office. Phil has not been loud or aggressive, but he is clearly unsteady.
1. Should the server serve Phil the fourth double bourbon? Identify the signs and the rule that apply.
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No. Phil is showing multiple signs of apparent intoxication: slowed speech, spilled drink, swaying when standing, and bumping into another customer. Three double bourbons in two hours is also a substantial amount of distilled spirits. Oregon prohibits serving alcohol to a person who is visibly or apparently intoxicated, regardless of whether the customer is a regular or a friend of the owner.
The server should stop alcohol service now. The fact that Phil is not loud or aggressive does not matter; intoxication is not limited to disruptive behavior. Serving the fourth drink would increase the risk of a crash and create liability for the server and the licensee.
2. What concrete steps should the server take to keep Phil from driving?
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The server should close the tab, stop serving alcohol, and offer water and food. The server should get the manager or owner involved immediately because Phil is a regular and may listen to someone he knows. The server should offer to call a taxi or rideshare, contact a family member or friend, or arrange another safe ride. If Phil refuses and insists on driving, the server or manager should call police or non-emergency dispatch rather than physically restrain him.
The server should not argue about whether Phil is "fine." A calm statement such as "I can't serve you another drink, and I don't want you driving" is enough. The incident should be documented, including the signs observed and the steps taken. The other customer who was bumped should be checked on.
3. What liability could the server and the bar face if the fourth drink is served and Phil crashes?
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If the server serves Phil while he is apparently intoxicated and he then crashes, the server and the licensee face serious exposure. The server could face criminal citation under Oregon alcohol law, and the server's permit could be suspended or revoked. The bar could face civil liability for injuries or property damage caused by the crash, as well as OLCC administrative penalties against the license.
The owner's friendship with Phil does not create an exception. The correct decision is to stop service, arrange a safe ride, and document the refusal. The brief discomfort of cutting off a regular is far less serious than a preventable injury and the resulting legal and licensing consequences.