Legal Question in Legal Ethics in California
Hi there not sure which category of law this falls under but professional responsibility seems appropriate. My girlfriend works at a bar and recently the bar itself had its busiest night of the year. The bar is a night club and had a show on the night in question. She ended up serving a minor and was sighted by the abc for serving someone under 21. It was insanely crowded and the bar itself had setup a door person to check I.D, collect money, and issue wristbands. While she did serve someone under age the person she served had a wristband on and was already checked by the front door staff. Logically to me I would think that the citation should be issued to the person checking I.D who allowed someone with an expired license entrance to the club and a wristband that allows them drinking rights. Please let me know if this is worth fighting as of now she has a court date, will probably get fired, and would not be able to get another bartending job in the future.
thanks
Tim
2 Answers from Attorneys
Wrong category. Legal ethics and professional responsibility refers to the ethics and professional responsibility of the legal profession only. I can, however, answer your question. She should definitely fight it based on Lacabanne Properties, Inc. v. Dept. Alcoholic Bev. Control (1968) 261 Cal. App. 2d 181. That case expressly held that there was not a duty to recheck ID before serving alcohol when the bartender checked with the bouncer that ID had already been checked. In modern clubs, especially with the noise of a show, it would be pretty hard to argue that the wristbands are not an adequate and reasonable substitution for verbal communication with the bouncer about the ID check.
I agree with Mr. McCormick, in full. Also the best category would have been criminal law.
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