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Old 06-29-2003, 02:34 PM   #17 (permalink)
rat
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Location: College Station, TX
As a waiter/bartender myself, I've been trained in what's known as "Responsible Alcohol Sales" by the Texas Alcoholic Beverages Commission. I'm required to be certified by the restaurant I serve alcohol at. We are responsible not just for creating revenue, but monitoring the health and safety of our guests, both in the restaurant and as they leave. For damn sure the restaurant operators and servers are liable for what happened to that man and woman because they served an intoxicated person, something that violates at least the laws of the State of Texas, if not the vast majority of states over here. Serving more alcohol to someone that is intoxicated is irresponsible, reckless, and should be punished to the greatest extent it can. The fact of the matter is that the decisions of the servers of that alcohol made a conscious decision to let that man drink to excess and ultimately cost those people great harm. Can you put a price on human dignity? Can you put a price on pride? Self-confidence or self-worth? the ability to get up out of bed each morning without the use of artificial walking aides? the ability to walk without a permanent limp? I couldn't. There's no way in hell I could deal with the shame that would be caused by the injuries of those people. If I were the person that had served that man, I would be haunted by the great havoc his drunkenness caused. I have refused to serve people in my restaurant. If I think their safety is endangered or they would endanger others, I will not serve them, and anyone that will should not be allowed near a bottle of beer or liquor. These people didn't get justice though. Justice would be the ability to live free of the pain caused by someone else's negligence. And negligence combined with ignorance has cost these people a significant portion of their life and happiness.

You may think I'm some bleeding-heart liberal, but I see things from the other side of the drink--from the service side. And because I have that perspective, I know exactly the amount of power someone has when they serve alcohol--the power to give relaxation and enjoyment, and the power to make a decision that can cost people their lives and liveliehood. In good conscience, I could not have done what those servers did at that restaurant. I couldn't look myself in the mirror ever again if I did. If the server is still working for Outback that served that man to excess, I guarantee they've been fired, as they should be. What many people fail to understand is that servers ARE indeed liable for their patrons health, all the way home. Servers can be fined and/or jailed for selling alcohol irresponsibly, and that is as it should be. When you sell a legalized form of drug that dulls responses, affects the brain directly and lowers inhibitions that would normally keep someone from overstepping their limits, you have a responsibility, obligation, duty and liability to every person you sell it to. That's the law. Just as anyone with a red cross, blue cross/blue shield, police or EMS insignia on their car is legally responsible for stopping and rendering aid if a first responder has yet to arrive, we as servers of alcohol are legally responsible to be the first safety net for our guests that consume our products. I, as a certified Red Cross trained first responder, can no more drive past an accident where people may be injured than I can sell someone a whole fifth of vodka at my restaurant's bar. In either situation, if I am recognized and accused of doing so, I go to jail or face heavy fines. That's the legal obligation I freely accepted when I got training both as a CPR/First Aid primary respondant and as waiter/bartender. I had to agree to those conditions before I could be certified to do either, so the servers and restaurants know exactly the load they are required to bear when it comes to being fundamentally responsible and safe in their service of alochol.
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Last edited by rat; 06-29-2003 at 02:44 PM..
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