ABC LawsQuestion 9 of 100

Who has the legal authority and duty to refuse service of alcohol to a customer who appears obviously intoxicated?

a.Only the licensee (owner) named on the ABC permit
b.Only a uniformed law-enforcement officer present on the premises
c.Any server, bartender, manager, or other on-duty employee involved in service
d.Only the customer's companions or party

Explanation

Every server, bartender, manager, and any employee involved in alcohol service has both the legal authority and the affirmative duty under §25602 to refuse service to obviously intoxicated patrons. RBS training (Title 4 CCR §165) explicitly empowers individual servers to make this call. The licensee is responsible for the establishment, but front-line staff carry personal criminal exposure for each sale. Police presence (b) is not required, and customer companions (d) have no legal duty.

Law Reference: Cal. Bus. & Prof. Code §25602; Title 4 CCR §165

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