Refusing ServiceQuestion 61 of 100
A regular customer who tips well says, 'Come on, you know me — just one more.' The server should:
a.Apply the same §25602 standard to regulars as to first-time guests and refuse if signs of intoxication are present
b.Serve one more drink because the customer is a regular
c.Serve a 'small' drink so it doesn't count
d.Ask the regular to sign a waiver releasing the bar from liability
Explanation
Bus. & Prof. Code §25602 makes no exception for regulars, friends, family, or high-tipping patrons. In fact, regulars are an elevated risk: tolerance has built up so they may not 'look' as drunk at the same BAC, and servers may unconsciously overlook signs to preserve the relationship and tip. The same SCAN observation standard applies to every patron, every shift. 'Small,' 'weak,' or diluted drinks (c) still constitute a sale of alcohol and still violate §25602. Liability waivers (d) cannot waive criminal statutes and are unenforceable for this purpose.
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Related questions on this topic
- 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 clearly intoxicated patron asks the server to call them 'just one Uber' and refuses to wait inside. The server should:
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- Which of the following is a 'best practice' alternative to alcohol that a server can offer a cut-off patron?
- A patron who has been refused service complains loudly and demands to speak to the manager. The server should:
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