Under California law, the legal standard for refusal under Bus. & Prof. Code §25602 is whether the patron is 'obviously intoxicated,' which means:
Explanation
The 'obviously intoxicated' standard under §25602 is objective and observational: would a reasonable person in the server's position recognize visible signs of intoxication? No chemical testing, admission, or medical diagnosis is required. Courts examine speech, coordination, appearance, and behavior. Servers should err on the side of caution — if you would not get in a car driven by this patron, you should not serve them another drink.
Law Reference: Cal. Bus. & Prof. Code §25602; RBS CurriculumThis topic, taught in full in the California RBS (Responsible Beverage Service) guide. California RBS — Responsible Beverage Service Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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Related questions on this topic
- RBS training organizes observable intoxication signs into the SCAN acronym. SCAN stands for:
- Which of the following is an EARLY-stage sign of intoxication that should prompt a server to begin slowing pace and offering food/water?
- A patron has had three drinks but their speech is fine, coordination looks normal, and they seem composed. They are now requesting a fourth drink. What is the BEST server practice?
- A bartender notices a patron whose eyes are glassy and red, who is leaning heavily on the bar, and who is speaking very slowly. The patron orders 'one more vodka soda.' The bartender should:
- Which of the following is NOT a reliable indicator of intoxication and should NOT, by itself, be used to refuse service?
- Cumulative observation is a key RBS skill. It means:
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