Refusing ServiceQuestion 59 of 100
Another patron offers to 'buy a drink' for someone who has just been cut off for intoxication. May the server lawfully serve the buy-back drink?
a.Yes, because the new buyer is sober
b.No — §25602 prohibits furnishing to the obviously intoxicated person regardless of who pays
c.Yes, if the new buyer signs a liability waiver
d.Only if the drink is wine, not spirits
Explanation
The §25602 violation turns on who consumes, not who pays. Serving a third party's buy-back to a cut-off patron is the same misdemeanor as serving them directly, because the statute prohibits 'sale, furnishing, or giving' to the obviously intoxicated person regardless of source of funds. The server should politely refuse the buy-back, briefly explain the situation to the well-meaning friend, and offer water, coffee, or non-alcoholic options instead. The drink type (d) does not matter — wine is still alcohol — and liability waivers (c) cannot waive criminal statutes.
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Related questions on this topic
- 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?
- A group of four orders 'a round of four shots' but the server notices only three of the four are drinking; the fourth is pushing all the shots to one already-tipsy friend. The server should:
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- A regular customer who tips well says, 'Come on, you know me — just one more.' The server should:
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