Becoming a server or a bartender is one of the most popular jobs you can find around Texas. Selling at a restaurant or bar is quick fast money. However, there are some consequences if the seller does not carefully follow certain guidelines. Prior on receiving the alcohol related job, sellers must complete a Texas Alcohol and Beverage Certificate (TABC) in order to show proof that they are aware of intoxicated customers and aware of minors illegally buying alcohol. Reasons why this certificate is so important in Texas is because selling alcohol to the wrong customer can result in a car accident. Of course the drunk driver will get filed for charges, however, they may not be the only ones charged. Furthermore, if the victim of the drunk driver wishes to sue the restaurant that served the drunk driver alcohol, then the employee who served the beverage to the drunk driver can suffer major consequences as well. Does the seller deserve the Dram Shop Act consequences? I don't think so.
Don't get me wrong, I understand that identifying minors or intoxicated customers may help to protect the road better. However, it takes a lot of small cues to identify an intoxicated person. Furthermore, if one of those small cues are missed by the seller, then he is at huge risk for himself once that intoxicated customer is on the road. The TABC shows you many techniques to identify an intoxicated person and they are very useful such as hearing customers slandering words, shouting, or seeing the inability to control their own body (TABC general questions). However, this is why I go against this policy. For example, the setting is a Halloween night, people are in costumes asking for drinks at the dance club's bar. The bar only has three bartenders working their best in order to serve drinks as fast as they can. At the time, the helpless bartenders probably can't recognize how many drinks has been served to each customer. Although, they do try their best. Later that evening, one of the people who drank at the club suffers a huge car accident. The victim of the car accident files charges and wants to point more fingers at the firm who sold the intoxicated person alcohol. Little does the victim know, the bartender had too much going on his mind to serve drinks throughout the night. Nevertheless, none of the justification supports the guilty bartender. He served an intoxicated customer unwillingly and can't get out of the situation. The bartender pays up to 500$ for fines and has his certificate removed. Therefore, he is unable to work as a bartender.
Let me establish first that there should be policies and laws to avoid situations of drunk driving. However, I believe it is not fair that sellers should take all responsibility for the drunk diver's mayhem. Accidents happen but don't point the fingers at the wrong helpless people.
I read my colleagues blog "Dram shop act" I found this piece to have a very interesting topic in which i was not informed. The bartender being blamed for someone having too many drinks is ridiculous in my opinion. I agree with my colleague, how is the bartender supposed to know how many drinks one person has had in a club full of different faces? Everyone is responsible for themselves drinking and then getting behind the wheel is a huge risk. The person that night on Halloween knew that drinking and driving was against the law and knew the risk he was taking or maybe not because he chose to drink until he was hammered. If you know you are going out to have fun, party and drink you should have either a designated driver or call a cap. Someone knows when he or she is not in full focus to get behind the wheel of a vehicle no one is forcing you to drive your self-home after a long night of partying. For the person to try and file charges against the bartender after getting in to a car wreck is simply irresponsible and not take responsibility for your own actions. I do not think the bartender should have lost his certification or received fines, I think it is entirely on the drunk person behind the wheel and that they should have served some jail time for making the irresponsible decision.
ReplyDeleteMy colleague Danny Cortez wrote a informing blog about the "Dram Shop Act" that Texas has in place. I was unaware that a bartender can be blamed for the reckless driving of a drunk driver, or for accidentally selling a under aged minor alcohol. In his post he makes a really strong argument about why the bartender should not be blamed. He gives an example saying "...the bar only has three bartenders working their best in order to serve drinks as fast as they can... the bartender probably can't recognize how many drinks has been served," there is no way you can keep up with all the people in a bar.
ReplyDeleteI agree with his blog post. Of course the servers are trained to know if someone has drunk too much and is either harmful to their self or someone else but how can you measure someones alcohol consumption level on a Friday night in a bar full of loud music and dancing people? You can not wrongfully accuse a bartender for a grown ups bad decisions. The overly drunk person is grown and should know how to properly take care of themselves. At the age of 21 a person, should know that if they are planning on going out and getting drunk they should find a designated driver. As an adult that person should be responsible for themselves. There are too many people who come in and out of bars to remember a certain face that is intoxicated. Also a person could be trashed and they send their friend up to the bar counter to buy rounds for them. There are so many scenarios where it is unethical to cast blame on the bartender, in my eyes that is just an escape for someone who has committed a serious crime. It would be a poor excuse to go into a court room and tell a judge "Oh it was the bartenders fault I got drunk last night, got into my car, attempted to drive myself home, and crashed into someone." If you are an adult, you should be able to act like one and know your limit and take responsibility of your own actions.
I found it very interesting and informative the blog that Danny Cortez wrote about the "Dram Shop Act." I agree with Danny Cortez opinion that he stated in his blog. I believe bartenders jobs includes making sure there customers are being treated well and knowing when to stop serving them drinks. Serves are trained to make sure they are giving the best customer server to their customers but there are some obsessive clues when you know someone had to much drink. As a young adult we should know what are limits are when it comes to drinking and a bartender shouldn't be put to blame, lost their certification or received fines for the mistake of someone else's. As an adults we should take responsible for our own actions and suffer the consequences that comes along with. If you know your going to be drinking you need to either find a designated driver or just have a drink or two and that's it. I know weekends may get busy but hopefully some bartenders can notice those who are in toxic and stop serving drinks. People drinking know what their limit are when it comes to drinking. Placing the blame on a bartender because you couldn't control your self and that it would be fun to drink and drive is just ridiculous to me. As an adult you knew what you were doing and getting yourself into when you know you had enough to drink and can't even focus or function probably.
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