Chapter 12 Your Responsibilities When Serving Food and Beverages.

Chapter 12Chapter 12

Your Your Responsibilities Responsibilities When Serving When Serving Food and Food and BeveragesBeverages

© 2005 Stephen C. Barth P.C. and John Wiley & Sons, Inc.All Rights Reserved

Your Responsibilities When Your Responsibilities When Serving Food and BeveragesServing Food and Beverages

Serving FoodServing Food Truth In Menu LawsTruth In Menu Laws Serving AlcoholServing Alcohol


In This Chapter, You Will Learn:In This Chapter, You Will Learn:

1.1. A foodservice establishment’s A foodservice establishment’s responsibilities, under the Uniform responsibilities, under the Uniform Commercial Code (UCC) and other laws, to Commercial Code (UCC) and other laws, to serve wholesome food and beverages.serve wholesome food and beverages.

2.2. To apply “Truth in Menu” concepts to the To apply “Truth in Menu” concepts to the service of food and beverage products.service of food and beverage products.

3.3. To assess the current legal risks associated To assess the current legal risks associated with serving alcohol.with serving alcohol.

4.4. To implement training programs that result To implement training programs that result in the responsible service of alcohol.in the responsible service of alcohol.


Serving FoodServing Food

Uniform Commercial Code (UCC)Uniform Commercial Code (UCC) Implied Warranty of MerchantabilityImplied Warranty of Merchantability



Legalese:Legalese:

Merchantable Merchantable - Suitable for buying and - Suitable for buying and selling.selling.



Legalese:Legalese:

Foodborne Illness Foodborne Illness - Sickness or harm - Sickness or harm caused by the consumption of caused by the consumption of

unsafe unsafe foods or beverages.foods or beverages.


Analyze the Situation 12.1Analyze the Situation 12.1

Harry Dolinski was the Executive Chef Harry Dolinski was the Executive Chef at the Regal House hotel. One of his at the Regal House hotel. One of his specialties was a hearty vegetable soup that specialties was a hearty vegetable soup that was featured on the lunch buffet every was featured on the lunch buffet every Thursday. Pauline Guilliard and her friends Thursday. Pauline Guilliard and her friends decided to have lunch at the Regal House decided to have lunch at the Regal House one Thursday before attending an art exhibit. one Thursday before attending an art exhibit. Ms. Guillard read the lighted menu at the Ms. Guillard read the lighted menu at the front of the buffet line. The Chef's specials, front of the buffet line. The Chef's specials, including the vegetable soup, were written including the vegetable soup, were written on the menu with a felt-tip pen.on the menu with a felt-tip pen.



Ms. Guilliard selected the vegetable Ms. Guilliard selected the vegetable soup and a few other items, and soup and a few other items, and consumed one full bowl of the soup. Three consumed one full bowl of the soup. Three hours later, at the art exhibit, she suffered hours later, at the art exhibit, she suffered seizures and had difficulty breathing. It seizures and had difficulty breathing. It turned out that the soup contained MSG, a turned out that the soup contained MSG, a food item to which she has severe food item to which she has severe reactions. Ms. Guilliard recovered, but her reactions. Ms. Guilliard recovered, but her attorney contacted the hotel with a attorney contacted the hotel with a demand letter seeking compensation for demand letter seeking compensation for her suffering.her suffering.



The hotel's attorney replied that the The hotel's attorney replied that the soup served by the hotel was wholesome soup served by the hotel was wholesome and that Ms. Guillard's reaction to the MSG and that Ms. Guillard's reaction to the MSG could not have been reasonably foreseen. could not have been reasonably foreseen. In addition, the hotel maintained that MSG In addition, the hotel maintained that MSG is a common seasoning used worldwide for is a common seasoning used worldwide for many years, and thus it would have been many years, and thus it would have been the diner's responsibility to inform the the diner's responsibility to inform the foodservice operation of any allergies or foodservice operation of any allergies or allergic reactions. As a result, the liability allergic reactions. As a result, the liability for Ms. Guillard's illness was hers alone.for Ms. Guillard's illness was hers alone.



1.1. Did the hotel have an obligation (or duty as Did the hotel have an obligation (or duty as outlined in Chapter 9, “Your Responsibilities outlined in Chapter 9, “Your Responsibilities as a Hospitality Operator”) to notify guests as a Hospitality Operator”) to notify guests that the soup contained MSG?that the soup contained MSG?

2.2. How do you think a jury would respond to the How do you think a jury would respond to the above situation? What level of damages, if above situation? What level of damages, if any, do you think a jury would be inclined to any, do you think a jury would be inclined to award in this case?award in this case?

3.3. What should the Chef do to avoid similar What should the Chef do to avoid similar problems in the future?problems in the future?


Steps to Take When a Guest Steps to Take When a Guest Complains of Foodborne IllnessComplains of Foodborne Illness

1.1. Document the name, address, and Document the name, address, and telephone number of the guest who telephone number of the guest who complains of an illness, as well as the date complains of an illness, as well as the date and time the guest patronized your facility.and time the guest patronized your facility.

2.2. Document all items eaten in your facility by Document all items eaten in your facility by the guest during the visit in question.the guest during the visit in question.

3.3. Obtain the name and address of the Obtain the name and address of the physician treating the guest. If the guest physician treating the guest. If the guest has not contacted a physician, encourage has not contacted a physician, encourage him or her to do so.him or her to do so.



4.4. Contact the physician to determine if in Contact the physician to determine if in fact a case of foodborne illness has been fact a case of foodborne illness has been diagnosed.diagnosed.

5.5. Notify the local health department Notify the local health department immediately if a foodborne illness immediately if a foodborne illness outbreak is confirmed, so the staff there outbreak is confirmed, so the staff there can assist you in determining the source can assist you in determining the source of the outbreak, as well as identifying of the outbreak, as well as identifying affected guests and employees.affected guests and employees.



6.6. Evaluate and, if necessary, modify your Evaluate and, if necessary, modify your training and certification efforts that training and certification efforts that relate to the areas involved in the relate to the areas involved in the incident.incident.

7.7. Document your efforts and notify your Document your efforts and notify your attorney or company risk manager.attorney or company risk manager.



Penny Mance was a single mother of Penny Mance was a single mother of three children living in an urban three children living in an urban apartment complex. She worked as a apartment complex. She worked as a paralegal in a downtown attorney's paralegal in a downtown attorney's office. One morning, Penny was asked to office. One morning, Penny was asked to come in to work an hour later than her come in to work an hour later than her usual time. She used the opportunity to usual time. She used the opportunity to treat her three children to breakfast at a treat her three children to breakfast at a fast food restaurant near their home. fast food restaurant near their home.



The Mance family arrived at the restaurant The Mance family arrived at the restaurant at 8:00 A.M. and ordered breakfast. For at 8:00 A.M. and ordered breakfast. For their beverage selections, Penny Mance their beverage selections, Penny Mance ordered hot chocolate and the children ordered hot chocolate and the children selected orange juice.selected orange juice.

After the family sat down, Tina, After the family sat down, Tina, Penny's six-year-old daughter, told her Penny's six-year-old daughter, told her mother that she wanted to try the hot mother that she wanted to try the hot chocolate. The beverage had been served chocolate. The beverage had been served in a Styrofoam cup with a plastic lid. Penny in a Styrofoam cup with a plastic lid. Penny replied that the chocolate was “probably replied that the chocolate was “probably too hot for her to try.”too hot for her to try.”



This comment was overheard by several This comment was overheard by several guests sitting near the Mance family. guests sitting near the Mance family. Tina reached for the chocolate anyway; Tina reached for the chocolate anyway; her mother, while trying to pull the her mother, while trying to pull the chocolate away, spilled it on her own chocolate away, spilled it on her own hands. Penny suffered second- and third-hands. Penny suffered second- and third-degree burns from the hot chocolate and degree burns from the hot chocolate and was forced to miss work for three weeks. was forced to miss work for three weeks. Upon returning, her typing speed was Upon returning, her typing speed was severely reduced as a result of tissue severely reduced as a result of tissue scarring on her left hand.scarring on her left hand.



Penny retained one of the attorneys Penny retained one of the attorneys where she worked to sue the fast food where she worked to sue the fast food restaurant. In court depositions later on, it restaurant. In court depositions later on, it was estimated that the chocolate was was estimated that the chocolate was served at a temperature of 190 degrees F. served at a temperature of 190 degrees F. The restaurant's attorney claimed the The restaurant's attorney claimed the chocolate was not unsafe when it was chocolate was not unsafe when it was served. He pointed to the fact that Ms. served. He pointed to the fact that Ms. Mance knew the beverage was probably Mance knew the beverage was probably too hot for the child as an indication that too hot for the child as an indication that she was willing to accept the risk of she was willing to accept the risk of drinking a hot beverage. drinking a hot beverage.



In addition, the restaurant's attorney In addition, the restaurant's attorney maintained that it was the child's action, maintained that it was the child's action, not the restaurant's, that was the direct not the restaurant's, that was the direct cause of the accident. Undeterred, cause of the accident. Undeterred, Penny's attorney sued for damages, Penny's attorney sued for damages, including medical expenses, lost wages, including medical expenses, lost wages, and a large amount for punitive and a large amount for punitive damages.damages.



1.1. Did the restaurant act negligently in the Did the restaurant act negligently in the serving of the hot chocolate?serving of the hot chocolate?

2.2. Do you think that Penny Mance was Do you think that Penny Mance was negligent? If so, how much difference, if any, negligent? If so, how much difference, if any, do you believe that Penny's negligence would do you believe that Penny's negligence would make in the size of the jury's award?make in the size of the jury's award?

3.3. Who should the restaurant manager and Who should the restaurant manager and company look to for guidance on proper company look to for guidance on proper serving temperatures and techniques? Could serving temperatures and techniques? Could you defend this source in court?you defend this source in court?


Truth in MenuTruth in Menu

Legalese:Legalese:

Truth in Menu Truth in Menu - The collective name - The collective name given given to various laws and to various laws and regulations that regulations that have been have been implemented to ensure implemented to ensure accuracy accuracy in the wording of menus. in the wording of menus.



Jeffery and Latisha Williams Jeffery and Latisha Williams arranged a fiftieth anniversary party for arranged a fiftieth anniversary party for Latisha's parents. They reserved a Latisha's parents. They reserved a private room at The Tannery, an private room at The Tannery, an upscale steak and seafood house upscale steak and seafood house located two miles from their suburban located two miles from their suburban home. The Williams hosted a total of 10 home. The Williams hosted a total of 10 people. Unfortunately, the service they people. Unfortunately, the service they received from the restaurant staff was received from the restaurant staff was not very good. not very good.



Unfortunately, the service they received Unfortunately, the service they received from the restaurant staff was not very good. from the restaurant staff was not very good. When the check arrived, Mr. Williams When the check arrived, Mr. Williams noticed that a 15 percent charge had been noticed that a 15 percent charge had been added to the total price of the bill. When he added to the total price of the bill. When he inquired about the charge, his server inquired about the charge, his server informed him that it was the restaurant's informed him that it was the restaurant's policy to assess a 15 percent policy to assess a 15 percent ““tiptip”” to the bill to the bill of all parties larger than eight persons.of all parties larger than eight persons.



The policy, explained the server, was The policy, explained the server, was not printed on the menu, but was to not printed on the menu, but was to be verbally relayed anytime a guest be verbally relayed anytime a guest made a reservation for more than made a reservation for more than eight people. Mr. Williams replied that eight people. Mr. Williams replied that the reservation was made by his the reservation was made by his secretary, and she mentioned no such secretary, and she mentioned no such policy when she informed Mr. Williams policy when she informed Mr. Williams of the restaurant's availability.of the restaurant's availability.



Mr. Williams refused to pay the extra Mr. Williams refused to pay the extra charge claiming that it should be he, not charge claiming that it should be he, not the restaurant, to determine the amount the restaurant, to determine the amount of the gratuity, if any. When the restaurant of the gratuity, if any. When the restaurant manager arrived on the scene, he manager arrived on the scene, he informed Mr. Williams that the server had informed Mr. Williams that the server had misspoken and that the extra charge was misspoken and that the extra charge was in fact a “service charge,” and not a tip. in fact a “service charge,” and not a tip. Mr. Williams still refused to pay the added Mr. Williams still refused to pay the added charge.charge.



1.1. Does Mr. Williams owe the extra 15 Does Mr. Williams owe the extra 15 percent to the restaurant?percent to the restaurant?

2.2. Does it matter whether the surcharge Does it matter whether the surcharge is called a gratuity or a service is called a gratuity or a service charge? How would that be charge? How would that be determined?determined?

3.3. What should the restaurant do to What should the restaurant do to avoid similar problems in the future?avoid similar problems in the future?



Preparation StylePreparation Style GrilledGrilled HomemadeHomemade FreshFresh Breaded ShrimpBreaded Shrimp Kosher StyleKosher Style KosherKosher Baked HamBaked Ham



IngredientsIngredients OriginOrigin SizeSize Health BenefitsHealth Benefits Nutrient ClaimNutrient Claim Health Benefit ClaimHealth Benefit Claim


Search the Web 12.1Search the Web 12.1

Log on to the Internet and enter www.cabprogram.com/.Log on to the Internet and enter www.cabprogram.com/.1.1. Select: Industry for the list of available choices.Select: Industry for the list of available choices.2.2. Select: Foodservice from the list of available choices.Select: Foodservice from the list of available choices.3.3. Select: What’s the DifferenceSelect: What’s the Difference4.4. Read all four subsections, then answer the following:Read all four subsections, then answer the following:

a)a) Do you think this nonprofit organization would litigate Do you think this nonprofit organization would litigate in a case where a restaurateur unlawfully identified his in a case where a restaurateur unlawfully identified his or her beef products as “Certified Angus Beef?”or her beef products as “Certified Angus Beef?”

b)b) Why is it important to this organization to protect its Why is it important to this organization to protect its trademark status?trademark status?


Privilege of Alcohol ServicePrivilege of Alcohol Service

Legalese:Legalese:

Depressant Depressant - A substance that lowers - A substance that lowers the the rate of vital body activities.rate of vital body activities.



Legalese:Legalese:

Blood Alcohol Level (BAL) Blood Alcohol Level (BAL) - A - A measurement, expressed in a measurement, expressed in a percentage, of the concentration percentage, of the concentration level level of alcohol in the of alcohol in the bloodstream. (Also bloodstream. (Also known as known as blood alcohol content or blood alcohol content or BAC.)BAC.)



Legalese:Legalese:

Intoxication Intoxication - A condition in which an - A condition in which an individual’s BAL reaches legally individual’s BAL reaches legally established levels. These levels are not established levels. These levels are not uniform across the United States. An uniform across the United States. An intoxicated person may not sell or intoxicated person may not sell or purchase alcohol, nor operate a motor purchase alcohol, nor operate a motor vehicle.vehicle.



Legalese:Legalese:

Liquor License Liquor License - A permit issued by a - A permit issued by a state state that allows for the sale that allows for the sale and/or service and/or service of alcoholic of alcoholic beverages. The entity beverages. The entity holding holding the license is known as the the license is known as the licensee.licensee.



Legalese:Legalese:

Liquor Licensee Liquor Licensee - An entity which has - An entity which has been issued a liquor license by been issued a liquor license by

the the proper state authority.proper state authority.



Legalese:Legalese:

Third Party LiabilityThird Party Liability - A legal concept - A legal concept that that holds the second party holds the second party (seller) in an (seller) in an alcohol transaction alcohol transaction liable for the acts of liable for the acts of the first party the first party (consumer), as well as (consumer), as well as for any for any harm suffered by a third party harm suffered by a third party as a as a result of the first party’s actions.result of the first party’s actions.



Legalese:Legalese:

Social Host Social Host - A nonlicensed provider - A nonlicensed provider of of alcohol, typically in a party or alcohol, typically in a party or similar similar gathering.gathering.



Legalese:Legalese:

Dram ShopDram Shop - A name given to a - A name given to a variety of variety of state laws establishing state laws establishing a liquor a liquor licensee’s third-party licensee’s third-party liability.liability.



Mark Hadley entered the Squirrel Mark Hadley entered the Squirrel Cage tavern at 4:00 P.M. on a Thursday Cage tavern at 4:00 P.M. on a Thursday afternoon. He sat down at the bar and, afternoon. He sat down at the bar and, according to eyewitnesses, uttered just a according to eyewitnesses, uttered just a single word when approached by the single word when approached by the bartender. The one word was “draft.”bartender. The one word was “draft.”

As the bartender had only one brand As the bartender had only one brand of beer on draft, she silently pulled the of beer on draft, she silently pulled the beer, handed it to Mr. Hadley, and beer, handed it to Mr. Hadley, and accepted the five-dollar bill he offered in accepted the five-dollar bill he offered in payment. payment.



Mr. Hadley left the bar some 15 minutes Mr. Hadley left the bar some 15 minutes later having never said a word to later having never said a word to anyone, leaving the change from his five anyone, leaving the change from his five dollars on the bar counter.dollars on the bar counter.

Subsequently, Mr. Hadley was Subsequently, Mr. Hadley was involved in an auto accident in which a involved in an auto accident in which a 10-year-old boy was rendered sightless. 10-year-old boy was rendered sightless. The boy's parents sued the Squirrel Cage The boy's parents sued the Squirrel Cage Tavern and another operation, the Tavern and another operation, the Dulcimer Bar. Dulcimer Bar.



The Dulcimer Bar was sued because Mr. The Dulcimer Bar was sued because Mr. Hadley had consumed 10 beers in three Hadley had consumed 10 beers in three hours at that establishment prior to hours at that establishment prior to leaving it and driving to the Squirrel Cage.leaving it and driving to the Squirrel Cage.

Attorneys for the Squirrel Cage Attorneys for the Squirrel Cage argued that their client could not have argued that their client could not have known of Mr. Hadley's condition when he known of Mr. Hadley's condition when he entered their establishment, and that entered their establishment, and that they were indeed acting responsibly in they were indeed acting responsibly in that they served him only one beer. that they served him only one beer.



Attorneys for the injured boy countered Attorneys for the injured boy countered that the Squirrel Cage served alcohol to that the Squirrel Cage served alcohol to an intoxicated person, a violation of state an intoxicated person, a violation of state law, and thus under the state's Dram law, and thus under the state's Dram Shop legislation was responsible for Mr. Shop legislation was responsible for Mr. Hadley's subsequent actions.Hadley's subsequent actions.



1.1. Did the Squirrel Cage violate the liquor Did the Squirrel Cage violate the liquor laws of its state?laws of its state?

2.2. Did the Squirrel Cage bartender act Did the Squirrel Cage bartender act responsibly in the service of alcohol to responsibly in the service of alcohol to Mr. Hadley? Did she act differently Mr. Hadley? Did she act differently from bartenders in similar situations?from bartenders in similar situations?

3.3. What should the owner of the Squirrel What should the owner of the Squirrel Cage do in the future, if anything, to Cage do in the future, if anything, to minimize the chances of a minimize the chances of a reoccurrence?reoccurrence?


Search the Web 12.3Search the Web 12.3

Log on to the Internet and enter Log on to the Internet and enter www.gettips.com/.www.gettips.com/.1.1. Select: FAQ for a list of frequently asked questions.Select: FAQ for a list of frequently asked questions.2.2. Select: Laws and Regulations.Select: Laws and Regulations.3.3. Select: “What states have specific laws regulating Select: “What states have specific laws regulating

server training?” from the list of available choices.server training?” from the list of available choices.4.4. List those states with mandatory alcohol-server List those states with mandatory alcohol-server

training requirements.training requirements.5.5. Explain the Responsible Vendor Program established Explain the Responsible Vendor Program established

in Alabama, Florida, and Louisiana. As an operator, in Alabama, Florida, and Louisiana. As an operator, what is the advantage of such a program?what is the advantage of such a program?

6.6. Define a “state-specific training supplement.” Why are Define a “state-specific training supplement.” Why are they necessary?they necessary?


Training for Responsible ServiceTraining for Responsible Service

Review the training program to ensure Review the training program to ensure that it:that it:

1.1. Is an approved training course.Is an approved training course.

2.2. Explains the nature of alcohol’s Explains the nature of alcohol’s absorption into the bloodstream.absorption into the bloodstream.

3.3. Extensively instructs in the methods Extensively instructs in the methods of checking for legal identification, as of checking for legal identification, as well as for spotting false IDs.well as for spotting false IDs.


Training for Responsible ServiceTraining for Responsible Service

Review the training program to ensure Review the training program to ensure that it:that it:

4.4. Emphasizes early intervention when Emphasizes early intervention when confronted with possible over-confronted with possible over-consumption by guests.consumption by guests.

5.5. Provides for documentation of training Provides for documentation of training effectiveness.effectiveness.



Michele Rodgers entered the Golden Michele Rodgers entered the Golden Spike Bar and Grill on a Friday night at Spike Bar and Grill on a Friday night at approximately 10:30 P.M. At the door, approximately 10:30 P.M. At the door, she was stopped briefly by the bar's she was stopped briefly by the bar's security guard. The guard, Luis Sargota, security guard. The guard, Luis Sargota, inspected Michele's photo ID, as he had inspected Michele's photo ID, as he had been trained to do during the one-hour been trained to do during the one-hour orientation class he attended on his first orientation class he attended on his first day of work.day of work.



The photo ID presented by Michele The photo ID presented by Michele showed her age to be 21 years and showed her age to be 21 years and three months. The photo on the picture three months. The photo on the picture ID was clearly her own. She was not ID was clearly her own. She was not asked to remove the ID from her wallet. asked to remove the ID from her wallet. Michele entered the bar and, over a Michele entered the bar and, over a period of three hours, consumed five period of three hours, consumed five Fuzzy Navel drinks, each containing Fuzzy Navel drinks, each containing approximately 1.5 ounces of 80 proof approximately 1.5 ounces of 80 proof alcohol served with fruit juice.alcohol served with fruit juice.



Upon leaving the bar at 1:30 A.M., Upon leaving the bar at 1:30 A.M., Michele was involved in a traffic accident Michele was involved in a traffic accident that seriously injured a man driving that seriously injured a man driving home after working the late shift at a home after working the late shift at a local factory. The family of the injured local factory. The family of the injured man sued Michele and the Golden Spike man sued Michele and the Golden Spike when it was discovered that Michele was when it was discovered that Michele was in fact only 20 years old, and thus was in fact only 20 years old, and thus was not of a legal age to drink alcohol. not of a legal age to drink alcohol.



The attorney for the Golden Spike The attorney for the Golden Spike maintained that the bar acted responsibly, in maintained that the bar acted responsibly, in that it trained its security guards to check for that it trained its security guards to check for identification prior to allowing admission to the identification prior to allowing admission to the bar, and that Ms. Rodgers had presented a bar, and that Ms. Rodgers had presented a falsified identification card, which the bar could falsified identification card, which the bar could not reasonably have known was false. In not reasonably have known was false. In addition, the security guard stated that Ms. addition, the security guard stated that Ms. Rodgers “looked” at least 21 when she entered Rodgers “looked” at least 21 when she entered the bar. Thus, the bar was not guilty of the bar. Thus, the bar was not guilty of knowingly serving minors.knowingly serving minors.



1.1. Is the bar responsible for illegally Is the bar responsible for illegally serving Ms. Rodgers? Was she served serving Ms. Rodgers? Was she served excessively?excessively?

2.2. Since the security guard did not Since the security guard did not serve alcohol, do you think a jury serve alcohol, do you think a jury would find one hour of orientation would find one hour of orientation sufficient for his training?sufficient for his training?

3.3. What could the owners of the Golden What could the owners of the Golden Spike do in the future to prevent a Spike do in the future to prevent a reoccurrence such as this?reoccurrence such as this?



Samuel Vosovic attended a Samuel Vosovic attended a reception in the ballroom of the Altoona reception in the ballroom of the Altoona Pike Country Club. Mr. Vosovic was a Pike Country Club. Mr. Vosovic was a salesman for a photography studio, and salesman for a photography studio, and he attended the reception at the he attended the reception at the invitation of Ronald Thespia, one of the invitation of Ronald Thespia, one of the club's well-known members. Mr. club's well-known members. Mr. Thespia's company sponsored the Thespia's company sponsored the reception, which consisted of light hors reception, which consisted of light hors d'oeuvres and an open bar.d'oeuvres and an open bar.



Over the course of two and- a half hours, it Over the course of two and- a half hours, it was determined that Mr. Vosovic consumed was determined that Mr. Vosovic consumed approximately nine drinks. The reception was approximately nine drinks. The reception was large enough to require three bartender stations large enough to require three bartender stations in the room. No single bartender served Mr. in the room. No single bartender served Mr. Vosovic more than three drinks in the course of Vosovic more than three drinks in the course of the evening. Lea Tobson, one of the club's the evening. Lea Tobson, one of the club's bartenders did finally detect a significant change bartenders did finally detect a significant change in Mr. Vosovic's behavior and, when Mr. Vosovic in Mr. Vosovic's behavior and, when Mr. Vosovic requested another drink, refused to serve him requested another drink, refused to serve him and summoned a manager.and summoned a manager.



The club's Food and Beverage director The club's Food and Beverage director determined that Mr. Vosovic was in all determined that Mr. Vosovic was in all likelihood intoxicated. The Director asked Mr. likelihood intoxicated. The Director asked Mr. Vosovic to turn over his car keys, then Vosovic to turn over his car keys, then instructed one of the club's waitstaff to drive instructed one of the club's waitstaff to drive Mr. Vosovic home, give the car keys to his Mr. Vosovic home, give the car keys to his wife, and take a cab back to the club. wife, and take a cab back to the club. However, one hour after being taken home, However, one hour after being taken home, Mr. Vosovic got back behind the wheel of his Mr. Vosovic got back behind the wheel of his car. car.



Still intoxicated, he lost control of the Still intoxicated, he lost control of the vehicle and crashed into a tree, killing vehicle and crashed into a tree, killing him instantly. His wife brought suit him instantly. His wife brought suit against the country club under Dram against the country club under Dram Shop legislation in her state.Shop legislation in her state.

The club responded that it had The club responded that it had acted responsibly in both refusing to acted responsibly in both refusing to serve Mr. Vosovic, and in ensuring that serve Mr. Vosovic, and in ensuring that he got home safely. he got home safely.



Mrs. Vosovic replied that her husband was Mrs. Vosovic replied that her husband was upset at his treatment by the club when upset at his treatment by the club when he arrived home, and that she “couldn't he arrived home, and that she “couldn't stop him” when he took the car keys from stop him” when he took the car keys from her, intent on returning to the club. She her, intent on returning to the club. She held the club responsible because, as she held the club responsible because, as she stated, “they got him drunk.” As additional stated, “they got him drunk.” As additional evidence of the club's irresponsibility, she evidence of the club's irresponsibility, she pointed to the tipping policy in place pointed to the tipping policy in place during open bars. during open bars.



Essentially, in an open bar situation, the Essentially, in an open bar situation, the bartenders at the club were paid a bartenders at the club were paid a percentage of the sales price of the percentage of the sales price of the alcohol consumed. Mrs. Vosovic's alcohol consumed. Mrs. Vosovic's attorney claimed that the club's tipping attorney claimed that the club's tipping policy encouraged its bartenders to over-policy encouraged its bartenders to over-pour the drinks they served, as they pour the drinks they served, as they sought to build the sales value of the sought to build the sales value of the event and thus their own income.event and thus their own income.



1.1. Did the country club act responsibly in this Did the country club act responsibly in this situation?situation?

2.2. What steps could a responsible Beverage What steps could a responsible Beverage Manager take to reduce the possibility of such Manager take to reduce the possibility of such an incident reoccurring?an incident reoccurring?

3.3. Would the club's tip policy influence a jury's Would the club's tip policy influence a jury's view of responsible alcohol service by the club view of responsible alcohol service by the club if the case went to trial? Why?if the case went to trial? Why?

4.4. Was it foreseeable that Mr. Vosovic, once Was it foreseeable that Mr. Vosovic, once home, would leave the house in his intoxicated home, would leave the house in his intoxicated condition?condition?


What Would You Do?What Would You Do?

You are the General Manager of a casual You are the General Manager of a casual theme restaurant. The restaurant includes both theme restaurant. The restaurant includes both a cocktail area and dining room. Average sales a cocktail area and dining room. Average sales per restaurant are $4 million per year, with 30 per restaurant are $4 million per year, with 30 percent of the sales attributed to alcohol. At percent of the sales attributed to alcohol. At the annual conference of managers, sponsored the annual conference of managers, sponsored by your company, your supervisor, the District by your company, your supervisor, the District Manager, assigns you to a company task force Manager, assigns you to a company task force charged with making recommendations on a charged with making recommendations on a new liability training program for bartenders new liability training program for bartenders working in your operations.working in your operations.



Your specific task is to Your specific task is to recommend the length of this recommend the length of this portion of a bartender’s training, portion of a bartender’s training, as well as to estimate the costs as well as to estimate the costs associated with it. associated with it.



1.1. Assuming that bartenders earn $15 Assuming that bartenders earn $15 per hour including benefits, and per hour including benefits, and trainers within your company trainers within your company average $40 per hour, develop a average $40 per hour, develop a short outline of required training short outline of required training concepts, estimate the time to concepts, estimate the time to cover each topic, and assign a per-cover each topic, and assign a per-bartender cost, assuming the bartender cost, assuming the bartenders must be trained in a bartenders must be trained in a one-on-one setting.one-on-one setting.



2.2. Prepare a three- to five-minute Prepare a three- to five-minute presentation for your district manager presentation for your district manager and the other conference attendees and the other conference attendees that justifies your costs as developed that justifies your costs as developed above.above.

3.3. Estimate the yearly cost of bartender Estimate the yearly cost of bartender liability training if your company of liability training if your company of 400 restaurants hires 1,100 400 restaurants hires 1,100 bartenders per year. Give your opinion bartenders per year. Give your opinion on the cost likely to be incurred if no on the cost likely to be incurred if no such training is implemented.such training is implemented.


Rapid ReviewRapid Review

1.1. Log on to the Web site of the National Log on to the Web site of the National Restaurant Association Restaurant Association (www.restaurant.org(www.restaurant.org)). Follow the path . Follow the path for food safety until you arrive at for food safety until you arrive at common foodborne illnesses. Identify common foodborne illnesses. Identify at least three common foodborne at least three common foodborne illnesses and at least two ways each is illnesses and at least two ways each is spread. Create a 10- minute training spread. Create a 10- minute training session geared to dishwashers that session geared to dishwashers that would help them and you prevent these would help them and you prevent these types of outbreaks.types of outbreaks.



2.2. Do you think restaurants face greater Do you think restaurants face greater liability in what they serve or how they liability in what they serve or how they serve it? What impact will increased serve it? What impact will increased consumer acceptance of takeout foods consumer acceptance of takeout foods have on your position? have on your position?

3.3. Collect two takeout menus from Collect two takeout menus from restaurants near your home. Identify by restaurants near your home. Identify by circling the menu items, any reference to circling the menu items, any reference to preparation style, brand-name ingredients, preparation style, brand-name ingredients, origin, size, or health benefit of their menu origin, size, or health benefit of their menu offerings. Compare the two restaurants offerings. Compare the two restaurants use of these descriptions.use of these descriptions.



4.4. ““Prime rib,” despite its name, does Prime rib,” despite its name, does not have to come from prime grade not have to come from prime grade beef. Contact your local butcher or beef. Contact your local butcher or meat purveyor to identify exactly meat purveyor to identify exactly which ribs are contained in a prime which ribs are contained in a prime rib. Check this information against rib. Check this information against that found in the National that found in the National Association of Meat Purveyors’ Association of Meat Purveyors’ Meat Meat Buyer’s GuideBuyer’s Guide. .



5.5. As a drug, alcohol is considered a As a drug, alcohol is considered a depressant. Consult a medical depressant. Consult a medical encyclopedia to identify at least two encyclopedia to identify at least two other types of depressants as well other types of depressants as well as the following characteristics of as the following characteristics of depressants:depressants:

Their primary effects on basic Their primary effects on basic metabolismmetabolism

Symptoms of excessive dosageSymptoms of excessive dosage Symptoms of withdrawalSymptoms of withdrawal



6.6. Contact your local police Contact your local police department or state police. Identify department or state police. Identify the BAL in your state in which a the BAL in your state in which a driver is considered legally driver is considered legally intoxicated. Discover whether the intoxicated. Discover whether the same BAL applies to minors. Ask same BAL applies to minors. Ask for details on how officers identify for details on how officers identify those that they believe have those that they believe have exceeded the legal limits of alcohol exceeded the legal limits of alcohol consumption. consumption.



7.7. Assume you operate a country Assume you operate a country western dance club. Create a western dance club. Create a “script” for your servers to use “script” for your servers to use when they must tactfully refuse to when they must tactfully refuse to serve alcohol to an intoxicated serve alcohol to an intoxicated guest. Provide responses for your guest. Provide responses for your servers that can be used for the servers that can be used for the reactions you might reasonably reactions you might reasonably expect from your guests.expect from your guests.

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Chapter 12 Your Responsibilities When Serving Food and Beverages.

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