Quote:
Originally Posted by jeffk
There was a recent incident in NH where a person got into an accident and the bartender who was serving him was charged with over serving. There was a discussion, I can't remember if it was formally proposed, that the liquor law should be changed so that bartenders would only be responsible for behavior in their bar. That is, if a guy had 5 drinks somewhere else and the last bar only served him 2 over the last hour and he wasn't obviously intoxicated the last bartender would be off the hook. It's often a guessing game to figure out how drunk a customer really is. Also, people's alcohol tolerance can vary wildly from person to person so that one drink might be too much for some and seven just fine for someone else.
In response to this suggestion other proposals, like one an hour, started popping up. Of course the press reports all this chit chat like it was being taken seriously.
The problem, IMHO, is that they are trying to tweak the current law to make it work but the law proceeds from a seriously broken premise; that someone else is to blame for the person's inebriated condition.
People are responsible for their own behavior. The current law tries to pass the buck to the bartender.
-Everyone knows drinking alcohol affects judgment and physical reactions.
-Everyone knows drinking and driving is illegal.
-Designated drivers, take a cab campaigns, and friends don't let friends drive drunk ads have been around forever. Many bars are the strongest advocates of these campaigns.
At this point there is no excuse for drinking to excess and getting into legal trouble. If you walk into a bar, ask for a drink, and pay for it you have executed three acts of intention to get your drink. People who do so to excess should be held personally accountable. Many people drink responsibly, either limiting themselves to one or two drinks or not driving when drinking more. Punish the law breakers, not the people who follow the law while enjoying themselves.
Unless the bartender tied the guy down and poured the booze down his throat or the guy was so far gone that he had to crawl into the bar the bartender should be left alone.
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Well said Jeff....I've never been a fan of people placing blame on the server.
I seem to remember something about the widow of the gentleman who fell off the Mount (years ago, on the Halloween cruise) wanting to bring a suit against the bartenders. She should maybe place the blame on herself for not shutting her husband down...anyway....
Now, this deal about one drink an hour??!! This would indeed be a problem...for me anyway. Glad it was just a rumor. One drink an hour??? Yikes!!!!