Refusing ServiceQuestion 54 of 100
An intoxicated patron has refused a ride and insists on driving home. The server should:
a.Tackle the patron at the door if necessary
b.Attempt to persuade them to use a rideshare/taxi, offer to call a friend, alert a manager, and if the patron still attempts to drive, call 911 with vehicle description and plate
c.Permit them to leave to avoid confrontation
d.Physically take the patron's keys to prevent them from driving
Explanation
Servers should NEVER physically take keys (a) or use force (b) — both can constitute battery (Penal Code §242), invite assault, and expose the server and licensee to civil liability. The lawful tools are persuasion, offering and paying for a rideshare, calling a contact, and — as a last resort — notifying 911 so police can intervene before the patron causes a DUI crash. Letting them drive away without any effort (c) is morally and legally indefensible.
Law Reference: RBS Training Curriculum; Cal. Penal Code §242Practice all 100 questions free — no signup required.
Related questions on this topic
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