Posted on 12/12/2004 7:33:21 AM PST by XXXXX88XXXXX
That is an excellent point, and it definitely has merit. It would be difficult to hold someone other than the drunk accountable in an instance like that. OTOH, if the person is clearly drunk, well, then I think you've got a problem if you DON'T see a problem with letting the guy keep drinking and then driving off. In an instance like you describe, I am sure that the bartender could easily find witnesses to support his statements...before it even got to the point of a lawsuit. That's one reason why a lot of places have security cameras.
I don't disagree with you, but if a bartender knowingly serves an obviously intoxicated person there should be some consequences should the drinker later harm an innocent.
I realize this is unreasonable in a large club in a place like NYC, but not too many folks going to those type clubs are getting behind the wheel of a car when they leave anyway.
But most of the country is not NYC, walking distance may not be feasible (good for you), cabs may not be available, and bartenders tend to know their clientele.
I enjoy going out and having a couple of beers with friends, just as much as the next gal. But I live in a rural area where the nearest pub is across the state line. My 2 favorite places to go are 20 miles - needless to say I drink little, if any, unless someone else is driving.
As I said in another post, if I were ever to have to answer the question "where have you been?" I would never dream of naming the establishment.
A most perfect mindset for graying up a black and white issue by dispersing responsibility from an individual and their actions to others.
Thus, the opportunity is created for some to actually make money on a book with the title "It Takes a Village"
Alas, personal responsibility is eroded to the point of the loss of personal thinking.
Of course this can only lead to the removal of personal concern and thrust us into a concern for the whole.
It's been tried before, it didn't work, however some are he!! bent on insisting that it is the only mindset which will save our nation.
I was self-employed for about 15 years. I didn't exactly run a "business." I was considered a "consultant" and always a subcontractor.
I had good years and I had bad years depending upon what clients I had. When I put my house in Delaware on the market in 2001 to move to Virginia, I quickly learned how loyal clients are NOT.
Good luck with your venture.....I need a new one for myself.
Serving someone who comes in drunk, just to make a buck is pretty irresponsible, and probably should be punished in some way, though, imo.
Yes, I know that. I believe I was simply trying to make my position clear. As I stated in other posts, I was a cocktail waitress awhile back...believe me, I know the law on that. :)
Thanks, and good luck to you, too! Hope you find what you are looking for.
§ 4.1-227.
B. In suspending any license the Board may impose, as a condition precedent to the removal of such suspension or any portion thereof, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension, or it may impose a civil penalty not to exceed $1,000 for the first violation, $2,500 for the second violation and $5,000 for the third violation in lieu of such suspension or any portion thereof, or both. However, if the violation involved selling alcoholic beverages to a person prohibited from purchasing alcoholic beverages or allowing consumption of alcoholic beverages by underage, intoxicated or interdicted persons, the Board may impose a civil penalty not to exceed $2,500 for the first violation and $5,000 for a subsequent violation in lieu of such suspension or any portion thereof, or both.
Please don't attribute things to me that I do not espouse.
I am all for personal responsibility, regardless of the issue.
When I have a party at my house I am paying attention to how much alcohol is consumed by my guests. I don't want someone leaving my house behind the wheel of a car who shouldn't be - and most bartenders I know feel the same way.
Not flamed from this quaterer - you make many valid points.
I apologize for my misconstruing of your posts that I have replied to.
However, I have read them and understood them to the best of my ability my FRiend.
Your point is????
I'm aware of the Virginia ABC laws....some of them are really weird, but the one about serving an intoxicated person is a no-brainer to me.
Apparently we just seem to be misunderstanding each other. So let us leave it at that.
OKAY with you, my FRiend?
So mote it be, so let it be done. : ~
This law is not very clear. Does it mean an obviously drunken person, or what? I know many people that can drink a gallon of whiskey in less than an hour and still walk a straight line and act totally normal. There is absolutely no way to know what they had drunk, or hadn't, just by looking at them or even by observing them afterwards.
I have a problem with this especially since others said he DID NOT appear drunk. This level of responsibility should not be placed on anyone but the person doing the drinking.
Thanks - I feel better now.
Out Damn troll!
BUMP
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