ABC LawsQuestion 20 of 100
An RBS-certified server believes a manager has just told them to keep serving a clearly intoxicated, high-tipping customer. The server's best course of action is to:
a.Refuse the sale, document the refusal, and, if necessary, report the manager's instruction to ABC
b.Serve the drink because the manager outranks the server and bears all liability
c.Serve the drink but write a note in the tip jar to keep proof
d.Quietly slip the customer a non-alcoholic substitute without telling anyone
Explanation
Under §25602(a), each individual who personally sells or serves alcohol to an obviously intoxicated patron commits a misdemeanor — no 'manager said so' defense exists. The server's RBS certification authorizes and obligates refusal. The proper course is to politely refuse, document the incident, alert the licensee, and if the unlawful pressure persists, report to ABC. Substituting drinks (d) is deceptive and ethically risky, and 'just following orders' (b) is not a legal defense.
Law Reference: Cal. Bus. & Prof. Code §25658, §25602; Title 4 CCR §165Practice all 100 questions free — no signup required.
Related questions on this topic
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