Caterer cut off alcohol 2 hours early

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Scott Hanna

DJ Extraordinaire
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Oct 25, 2006
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Cleveland, OH
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At a wedding this past Saturday, an outside caterer was hired to make the food and provide the bartenders. 5-11. Good group, I've done 3 wedding with a large group of these people.

The "hall" was actually one of those progressive churches that doesn't have traditional pews.

About 300 people. The couple brought in all of the booze and beer. There was some drinkers, but I've seen crowds 10x as drunk About 8:45, apparently someone fell, was helped up, and taken home so the owner of the caterer said the bar is cut off because he didn't want to be liable for drunk people.

The brides father calmly took the owner into a back room and they came out and the bar was back open.

I found out later that the father told him he has two choices, open the bar, back up, or get out of the way and let people get their own drinks. He also pulled out the contract and told him that there was nothing in his contract about being able to have the bartenders quitting early . He said he'll sue him for breech of contract.

The rest of the evening went on without incident. Fun party.
 
I'm surprised they even let the couple provide the alcohol.. Usually if a caterer is providing the bartenders, they will insist on supplying the booze as well.
 
That was a stupid move by the Caterer owner. Simply put, you cut off the individuals that are too drunk to drink any longer. If an individual is slurring their speech, walking funny, and eyes all over the place, and/or hurrassing the catering staff, then cut THAT person off, and remind the client that they need to control their guests.

If half the party attendees are seriously drunk, then time to shut the bar down at that point. However, shutting the bar down due to one person falling over, and being too drunk is ridiculous.

At the restaurant I work at part time, we are suppose to alert a Manager if a customer appears to be intoxicated. Also, if they order a 3rd drink, and they haven't even been there an hour...also must alert a manager. No shots and mixed drinks together, but a shot and beer together is OK, but if they do that...take at least 20 minutes before serving them another beer or shot.

In any account if a guest has been served more than 5-6 drinks through out the night, the bartender should check to make sure that person is not currently intoxicated before continuing to serve them more alcohol.

One venue actually has a Breathalyzer with multiple straws handy so multiple people can use it, and will ask a guest to take a quick test if they stated they are driving, and the venue management feels they are too intoxicated to drive. ...I saw it happen one time, and another guest promised to make sure the guest get's home and they leave his car there for the night.

Legal limit is .08 BAC...which for most women is 3 drinks, and men is 3-4 depending on alcohol content of the drinks/beers...smaller women, and it can be two drinks.
 
Most hotels here won't sell shots at weddings, just beer/wine/mixed drinks. Shots for the money dance are wine or a liquer like schnapps.

If a venue here doesn't have a liquor license then they can supply a bartender but the couple/client has to provide the alcohol and the bartender is a separate contract from the venue.

I'm in charge of a banquet this year and the hall can store our beer, provide a cooler, and glasses - but can't provide ice, pour or touch the alcohol in anyway. They have a list of names I can call to get bartender if we want one but they are not in the employ of the hall.
 
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Ohio has some pretty screwed up liquor laws. I have no idea who would be liable in this situation. I do know it's not uncommon for places that don't have liquor licenses to have the client bring in their own and have the hall or caterer serve it. It's not the norm, but I've certainly seen it.
But if I was a caterer that was providing bartenders, if I felt I needed the ability to cut off the bar, I would make sure this was covered in the contract.
 
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I recall threads where DJ's were not afraid to cut off the music early, if just one drunk person causes trouble.
In fact, many DJ's have it in their contract.
As a DJ, you won't go to jail for "stopping the music"...so, why would you begrudge the Caterer's/Bartender's decision, when they are the ones liable for ANY and EVERY drunk person at the event?
 
so, why would you begrudge the Caterer's/Bartender's decision, when they are the ones liable for ANY and EVERY drunk person at the event?


Corporate places tout that line of thinking. However, it's really not true. YES...An establishment or caterer can get in trouble with the law for over serving, AND/OR serving alcohol to Minors not of legal age. That is a no brainer. They receive fines and citations for multiple infractions before being shut down, or losing their license.

HOWEVER, they truly ARE NOT Liable for the actions of another individual. There s all this here say out there that a bar could get sued and is liable if a patron drinks too much goes off, drives, and gets into a car accident or kills someone. That is not the bar's fault. It is the individual's fault for making poor decisions by drinking and driving.

Show me a case where a as establishment was sued for serving alcohol to an individual that went and got killed in a car accident, or killed someone else. I don't recall ever seeing one. At best in some states the restaurant can be held "partially liable", but the suing party has to jump through a lot of hoops to successfully win the case.

Excerpt I found online:

Most states in the U.S. have enacted some form of the Dram Shop Act, though California recently enacted a law to the contrary. In Texas, the Dram Shop Act can be used to sue a bar or restaurant for compensation for injury or loss resulting in a drunk driving accident. If a restaurant or bar serves someone who is intoxicated, and that person then gets behind the wheel and causes an accident, the restaurant or bar could be found liable. However, in such cases, a restaurant or bar can only be held partially liable. Under Texas Dram Shop Laws, there could be multiple “proximate cause” parties in one drunk driving case. For the success of a lawsuit, is important that all liable parties be named.

Bars and restaurants in the state of Texas do have a defense under the Dram Shop Act. The “Safe Harbor” defense allows the establishment to not be held liable provided they have met three requirements.

  • Employees of said establishment must have been required to receive certification from a TABC approved training program.
  • The employee must have actually attended that program.
  • The employer must not have encouraged the employee to violate the Dram Shop Act.

Here in Maryland, most restaurants/hotels/bars etc. get their employees TIPS certified. I have been TIPS certified twice over the years. Some hole in the wall bars could care less about over serving though. Corporate places, and successfully ran establishments are usually pretty keen about not over serving people. Especially in today's world. Alcohol awareness, and the Drunk Driving Laws have come A LONG WAY over the last 30 years.
 
Wow, here in Indiana the dad wouldn't have a leg to stand on. Bartenders have the final call regardless of contract.

Same here in Nova Scotia.

We have some weird laws in Nova Scotia. Our legal age here is 19 but you can get special exemptions as young as 16 to work in a bar. You aren't allowed to bring in any alcohol that's not stamped by the NSLC in to the province unless it's from a duty free shop. There are different levels of licence here also that range from closing times of 1 AM for restaurants, 2AM for clubs, and 4AM for a Cabaret. It wasn't all that long ago that only private clubs like Legions could be open on Sundays

In most restaurants they can't serve you a drink before noon and they can't serve you a drink if you don't order food unless it's a pub or bar restaurant
 
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I remember getting my liquor license to work for one of the local liquor store chains. How it was explained to us by the owners and excise (the cops responsible for alcohol in Indiana), we are liable if we serve someone and they go off, drive and injure someone else in an accident. The venue and the bartender/caterer can be held liable.

Do I think cutting off the entire bar is a bit extreme, yes. Do I think the caterer was within their rights to protect their business, you bet.
 
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I was just in Germany. I think they have it right. They have very few liquor laws. No laws about drinking outside. Someone drinks, it's their fault. But they make getting a drivers license much more difficult and expensive. Classes are weeks long and there are several required sets of them. Classes cost a few thousand dollars. Then a license cost a few thousand. So very few young people drive.
 
I was just in Germany. I think they have it right. They have very few liquor laws. No laws about drinking outside. Someone drinks, it's their fault. But they make getting a drivers license much more difficult and expensive. Classes are weeks long and there are several required sets of them. Classes cost a few thousand dollars. Then a license cost a few thousand. So very few young people drive.

Here in Nova Scotia it averages $5.00 a beer in a bar very few young people drink lol
 
Around here that beer is $7-8. The kids buy suitcases of Bud Light at less than a buck a can and drink before they go out.
 
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I only drink at home. The only times I drink when I go out is during vacation. I spend A LOT of money on alcohol during vacation. Went to Busch Gardens, and I probably spent over $100 on beers while in the park the 4 separate times we went this year. Beers at $7 - $8.50 there.

Outside of that I MIGHT have the Occasional Pint of Yuengling Lager with my dinner when we go out to eat, but I usually just get Ice tea with lemon and put sweet and low in it :)

I usually buy the cheap Rum called Castillo. It's made by the same people who make Bacardi. It tastes similar, it just doesn't have the bite that Bacardi has, however, it's $6.49 for a 1 L bottle compared to $16.99 for a 1 L bottle of Bacardi. Once in a blue moon I will buy a handle of Captain Morgan if it is on sale...usually buy that over the holidays in December to make Captain and Diets with.

Either way, I've turned into a nightly relaxing cocktail drinker maybe have a couple drinks before bed, and don't go out and party and drink a lot any more. Haven't done that in a long, long time.

I should quit it all together...I can probably lose some weight off the bat if I do.
 
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But they make getting a drivers license much more difficult and expensive. Classes are weeks long and there are several required sets of them. Classes cost a few thousand dollars. Then a license cost a few thousand. So very few young people drive.

Never happen here in the US. I've always felt that in order to get a license in the US, you must take the road test in a car with a standard shift transmission (obvious exceptions for true physical disabilities such as missing arm or leg(s)). Think about it - with all the multi tasking that is necessary to drive a car (eating, drinking, texting, etc.) should you be licensed if you are not co-ordinated enough to drive a standard shift car? Instead we get a booklet that says "turn into the skid" when you loose control of your car, and new drivers (with a motorcycle endorsement) can get 600cc (or larger) motorcycles that are almost Grand-Prix ready, as their first vehicle.

Why this (or any other restrictions) can never happen? Because the automobile is the Holy Grail of the US economy. If you look at the money in building roads, bridges and tunnels, tolls to use them, insurance, gas, oil, batteries, tires, new car manufacturing and selling, reselling of cars, service and maintenance of cars, autobody repair, medical and death expenses from accidents, accident litigation, tickets and violations, on and on, etc., you'll see why this can never be messed with. If cars stopped moving tomorrow, it would make the housing bubble look like a flea farting in a hurricane.
 
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I usually buy the cheap Rum called Castillo. It's made by the same people who make Bacardi. It tastes similar, it just doesn't have the bite that Bacardi has, however, it's $6.49 for a 1 L bottle compared to $16.99 for a 1 L bottle of Bacardi. Once in a blue moon I will buy a handle of Captain Morgan if it is on sale...usually buy that over the holidays in December to make Captain and Diets with.
.

Look what a 40 of Jack costs here

Home - Nova Scotia Liquor Corporation

Or a decent rum

Home - Nova Scotia Liquor Corporation

Or a dozen Bud which is one of the cheaper ones

Home - Nova Scotia Liquor Corporation
 
Look what a 40 of Jack costs here

Home - Nova Scotia Liquor Corporation

Or a decent rum

Home - Nova Scotia Liquor Corporation

Or a dozen Bud which is one of the cheaper ones

Home - Nova Scotia Liquor Corporation

I'm assuming because of delivery surcharges from the distributor up in that area.

A 12 pack of Bud here is $10.99...$9.99 if you can find a deal somewhere. I rarely buy beer to keep at home these days. My wife doesn't like beer cans or bottles sitting in the fridge, and I'm slightly allergic to Yeast, so drinking more than a couple beers makes me fart a lot. Sucks because I LOVE Craft beers. Baltimore is known for having a lot of bars that serve craft brew. Unfortunately, I go out with buddies maybe once a year these days. Most everyone has kids, and are caught up in their lives to hang out. Plus working Saturdays as a DJ limits my availability to going out.
 
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I'm assuming because of delivery surcharges from the distributor up in that area.

.

No it's pretty standard for most beers and pretty standard across the country. The sin taxes on alcohol and Tobacco are ridiculous up here. Our cigs are in 25 packs and if you go to an average corner store you will pay $15- $18+ for a pack. You can get them on the Native reserve between $11 and $15