Tags: , | Categories: Liquor Liability Issues Posted by administrator on 12/7/2009 8:00 PM | Comments (0)

Bartender Summary

  • Bartender:  Female, 5’5”, Caucasian, in her twenties, with an average build and brown hair worn with bangs.  She signed the receipt she gave the agent at the end of the visit, Doori.

Bartender approached and greeted the agent and his associate very quickly after they approached the bar.  She was pleasant and immediately offered beverages. 

She did not require identification—a trend which extended to patrons who appeared even younger than the agent and his associate, who appear in their late twenties or early thirties.

Bartender suggested upsell options that took advantage of a daily special.  She filled the round promptly and gave a verbal total.  When the agent asked to begin a tab, Bartender requested a credit card and immediately began a handwritten tab, which she placed to the right of the register.

Bartender poured in excess for every liquor drink.  She always bobbled the bottle to allow additional liquor to pour beyond the initial, standard pour.  All drinks were at least doubles; some contained three or more ounces of alcohol. This is a liquor liability issue as well as a theft issue.

Bartender immediately rang in and cashed out every cash transaction, or recorded every item immediately on a tab.  Therefore, the losses the establishment is sustaining are likely due to egregious over-pouring—which is also a form of theft.

Of concern was Bartender’s failure to card the agent and his associate, or any other guest.  As most guests appeared to be regulars, it is possible Bartender was previously aware of the legality of all patrons; however, in order to ensure the establishment remains free of any liability, the agent strongly suggests requiring identification from every guest appearing less than forty years of age, every time.

Bartender also served guests with no apparent regard for their consumption or intoxication levels.  She provided additional rounds whenever needed—even as guests consumed one drink every fifteen minutes or less, and showed signs of intoxication such as slurred speech.  This found her in violation of Arizona Revised Statutes, which governs the Arizona Department of Liquor Licensing and Controls.

From 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.

When the agent requested his tab, Bartender first verified he cared for it on his credit card.  She pulled his written tab and referenced it while ringing in multiple items.  She ran his credit card and provided two credit receipts, with no itemization.  Due to the total charged, the agent believes one item was omitted.  Please refer to the Food and Beverage Summary for details.

Beverage Summary

The agent’s tab was only $15.50.  The agent believes one item—likely the shot—was omitted from the tab, as the two pitchers were $5.00 each, and $5.50 seemed much too little for two pints and a shot, even at the extremely-reasonable prices offered by the establishment.

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

Categories: Liquor Liability Issues, Bartender Theft, free drinks, liquor liability issues Posted by administrator on 12/1/2009 9:05 PM | Comments (0)

Neither bartender showed a tendency to immediately moving to the register after serving items.  This is very disconcerting. As paper tabs were not kept in front of guests, the agent was unable to determine whether tabs were properly updated; however, he did observe several very obvious omissions:

At 5:53pm, Xxxx served a Miller Lite draft to a patron who proved to be a regular guest.  Xxxx did not ring in the round immediately.  Four minutes later, she was at the register, but again, the agent could not substantiate the ring, as Xxxx performed many other actions in the interim.

At 7:22 pm, Bartender 2 served two shots of Jagermeister and two draft beers to a patron wearing an orange shirt who had previously paid cash for his rounds.  At this turn, however, Bartender 2 accepted no cash and did not ring in anything.

At 7:24 pm, Bartender 2 served a patron wearing a backwards hat who looked less than twenty-five years of age.  Bartender 2 did not require identification and neither accepted payment nor rang in the round.  One minute later, she did move to register, but as she had prepared other drinks in the interim, the agent could not account specifically for the round in question.

The employee later described as manager Xxxx went behind the bar and instructed Xxxx to buy a beer for a bar guest.  Xxxx immediately filled the round but did not appear to ring it in on a comp tab.

The agent observed a pair of patrons sitting at a high-top table in the bar area.  Although they did not appear to be ordering alcoholic beverages, Server did not request identification from them.  Additionally, they carried a plastic bottle with them, the contents of which were indeterminable.  No staff member addressed them about the bottle or precluded them from having or drinking from the bottle.  The agent finds it likely the bottle contained alcohol, which poses several legal and liability issues for the establishment.

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