Shortly into the observation, the agent began to observe beverages given away without being entered into the POS. 

At approximately 9:41 pm, Aaaaa served a customer one large beer and did not enter the order into the POS.

Another imprecision in pouring noted by the agent was the tendency for a bartender to re-tilt the bottle when using the posi-pourers in order to garner additional liquor.  This was noted first at 9:43pm. 

At approximately 10:13pm, Aaaaa served a group of customers approximately 5 or 6 shots.  She did not enter the round into the POS.

The agent noted that a good number of customers seemed to be familiar with Aaaaa.  The generally called her by name, and quite a few of these individuals appeared to be getting free beverages.  There was one individual, a AAnnn male with shaggy brown hair wearing a blue cap, who seemed to get particularly special treatment from Aaaaa.  She would consistently seek this man out, and was observed touching him and kissing him on the face.  There were multiple instances in which he was involved in beverage service that was not rung into the POS following delivery.

One such occurrence happened at approximately 10:16, when he and a group of customers with him were served shots.  This same individual was served a beer at approximately 10:57pm.  This beverage was also not rung into the POS.

The agent also noted that over service of alcohol was a significant problem for the bar.  There were several individuals present this evening that were visibly intoxicated and definitely should have been cut-off. 

One customer that was on the receiving end of several of the group shot orders began to become increasingly boisterous over the course of the evening, shouting at the basketball game and freestyle rapping.  Speech was slurred.

Another individual dressed in a Xxxx jersey, was observed yelling at the television screen and accidentally bumping into surrounding customers as he swayed back and forth. Speech was slurred.

ADLLC Violation
TITLE 4, CHAPTER 3
4-244. Unlawful acts

14. For a licensee or other person to serve, sell or furnish spirituous liquor to a disorderly or obviously intoxicated person, or for a licensee or employee of the licensee to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises, except that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for a period of time of not to exceed thirty minutes after the state of obvious intoxication is known or should be known to the licensee in order that a nonintoxicated person may transport the obviously intoxicated person from the premises. For purposes of this section, "obviously intoxicated" means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.

Michael Zenner - CEO  
         
Eye Spy Spotter Services Inc.
eyespyspotter.com
bartheft.com  (blog)
Hospitality Checkpoint PLLC
Lic. 1597616
hospitalitycheckpoint.com
liquorassessment.com
PO BOX 995 Gilbert AZ 85299
Office: 480-777-7056
Mobile: 602-622-0875
Toll Free: 800-880-0811

• Bartender Xxxxxx:  Hispanic male, bald, 6’0”

• Server Xxxxxx:  Caucasian female, light hair pulled back, 5’4”

Most of the customers appeared to be regulars, and would commonly call out Xxxxxx, which is how the agent ascertained his name.  Xxxxxx was observed providing the regular patrons with free drinks on many occasions.  The agent would watch an entire transaction and would see the patron order drinks, Xxxxxx would pour and deliver the drinks, however; nothing would be registered into the POS, and no cash was ever exchanged. 

The agent witnessed Xxxxxx providing patrons at the bar, and at tables around the bar with draft beers, mixed drinks, and shots in this manner.  The agent witnessed free drinks being given away at: 

12:07am
12:10am
12:17am
12:34am
12:53am
1:15am
1:31am
1:52am
2:12am
2:34am
2:47am

ADLLC VIOLATION
4-244. Unlawful acts
It is unlawful:
13. For an employee of a retail licensee, during that employee's working hours or in connection with such employment, to give to or purchase for any other person  purchase for himself or consume spirituous liquor.

Xxxxxx was seen making change out of his tip jar for money out of the cash register.  Agent highly suggests that this behavior be discouraged with the bar staff as it can be used to mask bar theft and effectively launder stolen money.

Multiple drinks were open behind the bar and Xxxxxx was seen drinking out of them without lids or straws throughout the evaluation period.  This is in violation of Arizona Health Code.

Xxxxxx’s pour count was consistently at seven counts (4 count = 1 ½ oz) for a simple mixed drink, however; this was observed to fluctuate by a few counts either way.  This gratuitous over pouring can have severe liability issues.

Giving drinks away for free is obviously stealing.  The inaccurate pour counts are also a form of stealing but may be a sign that the bartender is out of practice when it comes to free pouring accurately or giving away the gratis liquor for increased social status or larger tips.  Another reason they may be over-pouring is because they feel they are offering a better product, especially for their regulars. 

In actuality, over-pouring cocktails isn’t doing anyone any favors.  Let’s say this is a patron’s first time at the establishment.  They visit other bars were pour counts are militantly observed to maintain liquor costs.  They know they can go to that bar, drink 3 drinks in 2 hours and still get home safely. 

Then they come to your bar.  They consume 3 “lights out” drinks in 2 hours, the liver processes the alcohol approximately 2oz. per hour.  Thus the majority of the liquor hits them before leaving or while in the car driving home.  Suddenly the patron is in a world of hurt, possibly behind the wheel, and completely blindsided by outrageous pour counts.

In addition, when pour counts are high, establishments sell fewer drinks.  Why would you order 4 drinks at, say, $30, when you can get the same effect on 2 drinks and save the money?  Keeping pour counts steady and monitored is safe, cost effective, and important to the bottom line. The bartender is also making less money by reduced gratuities because of selling less rinks and a lower check average.

The Agent would recommend the management purchase a pour tester and frequently test all the bar staff to ascertain what they are pouring and further train them and access exactly what and how much to pour.

Xxxxxx did not consistently use an ice scoop in the ice bin and was commonly seen using glasses themselves to scoop ice. This is an Arizona health code violation. Xxxxxx’s hand touches the side of the glass and then the side of the glass comes in direct contact with the sanitized ice. The ice is now contaminated and illness can be spread to whoever is made a drink henceforth.

It is also, plain and simple, very careless and lazy bartending as the glass can shatter, chip or break in the sanitized ice. This can pose a real threat if any drinks are served to guests with broken glass shards and may even invoke a lawsuit. Moreover, “burning” an ice well mid shift is cumbersome and because this is necessary after a broken glass, the establishment is most likely losing money because of decreased sales.

Xxxxxx and Xxxxxx (Xxxxxx referred to her by this name out loud multiple times) had a good repertoire and he would provide Xxxxxx with drinks as they were registered. However; the agent did see Xxxxxx back behind the bar on multiple occasions, and she would also use glasses directly in the ice bin. 

At approximately 12:30am Xxxxxx appeared to have gone off duty and seated herself at the bar top.  The agent was unable to ascertain whether Xxxxxx was drinking alcoholic beverages, as the drink was prepared behind the bar not in view of the agent.  The drink that Xxxxxx was drinking was served in a glass rocks glass with ice and appeared alcoholic.  It is suspected but could not be substantiated.

ADLLC VIOLATION
4-244. Unlawful acts
It is unlawful:
12. For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.

At 1:16am cash money was seen taken from the register (see Food and Beverage summary for details). 

At 2:00am Xxxxxx offered the agent and associate a final round of beverages, which the agent and associate accepted.  Xxxxxx prepared and delivered the drinks, but never registered them into the POS.  Xxxxxx then immediately asked if the agent would like the tab placed on the holding credit card and the agent agreed.  An itemized receipt was provided and was clearly missing items (see Food and Beverage Summary for details). 

At approximately 2:30am patrons began smoking cigarettes inside of the establishment, and neither Xxxxxx nor Xxxxxx seemed to mind, pay heed, or discourage this illegal behavior whatsoever.   

36-601.01. Smoke-free Arizona act

As defined by the law, all violating proprietors are subject to be fined up to $500 for each offense.
B. Smoking is prohibited in all public places and places of employment within the state of Arizona
I. An owner, manager, operator or employee of place regulated by this law shall inform any person who is smoking in violation of this law that smoking is illegal and request that the illegal smoking stop immediately.
K. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars.

Xxxxxx disappeared back behind the bar for a very long period of time and Xxxxxx was the only employee present from 2:30-3:00am.  The agent observed Xxxxxx pouring and serving drinks to patrons across the bar at 2:34am. 

ADLLC VIOLATION
4-244. Unlawful acts
It is unlawful:
15. For an on-sale or off-sale retailer or an employee of such retailer to sell, dispose of, deliver or give spirituous liquor to a person between the hours of 2:00 a.m. and 6:00 a.m. on weekdays, and 2:00 a.m. and 10:00 a.m. on Sundays.

When the patrons offered to pay for the shots, Xxxxxx replied with something similar to “Don’t worry about it!”.  This is not only theft but violates numerous ADLLC laws.

ADLLC VIOLATION
4-244. Unlawful acts
It is unlawful:
17. For an on-sale retailer or an employee of such retailer to allow a person to consume or possess spirituous liquors on the premises between the hours of 2:30 a.m. and 6:00 a.m. on weekdays, and 2:30 a.m. and 10:00 a.m. on Sundays.

ADLLC VIOLATION
4-244. Unlawful acts
It is unlawful:
13. For an employee of a retail licensee, during that employee's working hours or in connection with such employment, to give to or purchase for any other person, purchase for himself or consume spirituous liquor.

Xxxxxx was seen pouring draft beers for patrons at 2:45 am, and again, these drinks were never registered into the POS, nor was any cash exchanged. Again, this is a theft issue, as well as, a 3 part liquor violation.  

Around 2:50am a group of patrons requested shots from Xxxxxx, and she was overheard saying something to the effect of “Let’s wait until they leave”, and nodded towards or indicating the agent and associate’s presence. 

At 3am the agent and associate left on our own accord, no one requested, implied, or suggested that we should leave.  At the time of the 3 am departure there were still approximately ten patrons inside of the establishment, and none of them looked as if they were ever leaving anytime soon. 

Michael Zenner - CEO  
         
Eye Spy Spotter Services Inc.
eyespyspotter.com
bartheft.com  (blog)
Hospitality Checkpoint PLLC
hospitalitycheckpoint.com
liquorassessment.com
PO BOX 995 Gilbert AZ 85299
Office: 480-777-7056
Mobile: 602-622-0875
Toll Free: 800-880-0811