Refusing ServiceQuestion 51 of 100
It is a misdemeanor under Bus. & Prof. Code §25602 to sell or serve an alcoholic beverage to an obviously intoxicated person. The criminal liability falls on:
a.Only the establishment's owner / licensee
b.Only the on-duty manager
c.The individual server, bartender, or other person who actually made the sale, in addition to potential discipline against the licensee
d.Only the bouncer at the door
Explanation
Bus. & Prof. Code §25602(a) imposes personal criminal liability on 'every person' who sells, furnishes, or gives alcohol to an obviously intoxicated person. The server can be prosecuted as a misdemeanor (fines up to $1,000 and/or up to 6 months in jail), and the licensee separately faces ABC license discipline. Saying 'I just work here' or 'my manager told me to' is not a defense. RBS certification is intended in part to reduce both individual and establishment liability.
Law Reference: Cal. Bus. & Prof. Code §25602(a)Practice all 100 questions free — no signup required.
Related questions on this topic
- The BEST script for refusing an additional drink to an obviously intoxicated patron is:
- When refusing service, offering a customer coffee:
- An intoxicated patron has refused a ride and insists on driving home. The server should:
- An intoxicated patron becomes verbally aggressive after being refused service. The best de-escalation technique is to:
- After refusing service to an intoxicated patron, the server should document the refusal by:
- A father comes into a bar with his 18-year-old son and orders 'two beers, one for me, one for him.' May the father lawfully provide the beer to his son in the bar?
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