I have always maintained that the best way to keep bar patrons from getting drunk is through frequent bar checks by uniformed police officers and with occasional checks by undercover officers. In every state, it is unlawful for a bar waitress to serve alcohol to a drunk bar patron and it is unlawful for the manager to allow a drunk patron to be served alcohol.
When patrol officers enter a bar and find a bunch of drunks being served by a waitress they should call for backup to assist in arresting the drunks, the waitress who served them and the manager. Arrest of the manager will force the bar to be closed down for the night. When bar owners understand what will happen in such cases, you can bet they will take more care not to let their patrons get drunk.
By reducing the number of people getting drunk in bars, those uniformed police bar checks will reduce drunk driving, domestic violence and even some homicides. But for some reason or other, local police departments are reluctant to have their officers make bar checks. They use phony excuses such as not having the manpower, bar checks take too much time away from patrol duties, etc. I suspect the real reason they won’t let their officers make bar checks is because the bar owners and their attorneys will raise a ruckus at city hall and with the media that will bring them unwelcome negative attention.
The action taken by the TABC with the San Antonio sports bar in the following report is well and good, but are they going to be able to post a TABC agent there every night to make sure those stiff rules are really going to be complied with?
SPORTS BAR FINED IN TWO DEATHS
Houston Chronicle
June 11, 2011
SAN ANTONIO – A bar linked to two deadly drunken driving wrecks struck a deal with the Texas Alcoholic Beverage Commission that requires the owners to pay a $260,000 fine and abide by some of the stiffest rules imposed in cases of its kind.
The Fox and Hound English Pub & Grille, a popular sports bar in northwest San Antonio, must ensure managers approve each glass of alcohol and record the authorization in a log for patrons after three drinks.
Managers also must stay posted at the bar’s exit for the last 30 minutes before closing every night and remain there until all customers leave.
“We hope that other businesses are paying attention to this and understand that if they don’t follow the law, it could result in consequences,” TABC spokeswoman Carolyn Beck told the San Antonio Express-News.
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Here are the responding comments from a former TABC agent:
Having been retired from TABC for over six years, I cannot state what their current procedure is for working the "Sale of A/B [alcoholic beveerages] to intoxicated persons." TABC probably conducted a "Source" investigation to find the source of the A/B which contributed to the deaths of persons. A $260,000.00 fine is enormous and suggests that a large volume of A/B is sold at this bar. That being the case, there will probably be tremendous pressure on local law enforcement and TABC to monitor the provisions of the administrative order by the victim's families.
This bar will have a difficult time adhering to the order because cutting off drunks is bad for business. Most heavy drinkers will not tolerate their name, time of serving and amount of A/B to be recorded. They fail to realize that the majority of people run a bar tab and pay with a credit card. That is probably how TABC found the source of the A/B to begin with. Drunks will find another bar that will serve them and in an effort to recoup their losses the bar in violation of the original order may stray from the order and again sell A/B to intoxicated persons.
Nothing was mentioned about civil litigation, but it stands to reason that lawsuit(s) are going to be filed and TABC's case file will probably be admitted as evidence. GAME OVER.
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