Right to Refuse Service in Restaurants & Bars | Society Insurance (2024)

Restaurants and bars face unique risks and complexities. As an alcohol-serving establishment, your business can be especially vulnerable to legal challenges. Do your bartenders know when to stop serving patrons? Do they know what signs to look for in an intoxicated person?

When Does a Bartender Have the Right to Refuse Service to a Patron?

At some point or another a bartender will likely have to address a belligerent or very intoxicated person. Below are several legitimate reasons to refuse service to a patron:

  • Underage individuals
  • Those who have over-consumed are showing symptoms of intoxication
  • Excessively rowdy or unruly customers
  • A person is harassing staff or other customers
  • Your establishment is at capacity

Right to Refuse Service – Steps

First, a server or bartender should take steps to slow down service and make sure a manager is included in the loop. The manager should keep a close eye on the situation to decide the appropriate next steps. Consider offering food and water. Try to slow down service as much as possible by making yourself less available to the patron. Regardless, always call a manager if you feel someone has been overserved. An intoxicated person should never get behind the wheel, impaired driving carries serious consequences.

What to Say When Refusing Service

Don’t cut anyone off in front of others if you can help it. The manager should request the person to accompany him or her off to the side or a somewhat quieter place to break the news (but never alone. Take a buddy). Keep it calm and state the facts. Do not be accusatory or aggressive. “I think you should call it a night. We are not serving you anymore. Do you have a ride, or can I call you a car?” Instruct your bartenders to not serve the patron anymore. Don’t negotiate.

Potential Signs of an Intoxicated Person

  • Loud or agitated speech
  • Ordering drinks rapidly
  • Slurred speech
  • Stumbling
  • Spilling drinks
  • Appears drowsy
  • Aggressive behavior
  • Blood shot eyes

Learn strategies to help you deal with intoxicated
patrons.

Under What Conditions Can a Business Not Refuse Service?

Enforced by the Civil Rights Act of 1964, a business cannot refuse service based on:

  • Race or color
  • National origin or citizenship status
  • Religion or creed
  • Sex or Sexual Orientation
  • Age
  • Disability, pregnancy, or genetic information
  • Veteran status

Always review your state laws in addition to this list. Some states offer additional protections that your business must be aware of and adhere to. Your right to refuse service applies to certain criteria.

Consequences of Over-Serving Customers

Bartenders who serve intoxicated customers may be at risk for legal and civil charges as a result. Many states have legislation in place that allows prosecution and civil suits of commercial establishments that serve alcohol to visibly intoxicated individuals or minors.

Restaurants and bars are also at risk of litigation. Dram Shop liability laws govern commercial establishments that sell and serve alcoholic beverages to people who are intoxicated, or to minors, who go on to cause harm or death to themselves or others. Most states have some sort of dram shop law in effect.

Importance of Regular Training for Employees

Safeguard your business, employees and customers by implementing regular and recurring service training, including how to deal with intoxicated patrons. Society Insurance has a partnership in place that providesdiscounts for Society policyholdersto use any service offered by ServSafe – this includes alcohol service training.

View our risk management library for more safety resources for your business. Our bar and restaurant insurance programs are tailored to the unique
needs of your business and your local Society agent will help you to determine the insurance coverage necessary to protect your livelihood.

See what our restaurant customers are saying about Society Insurancehttps://youtu.be/vccgySuLHgc

Right to Refuse Service in Restaurants & Bars | Society Insurance (2024)

FAQs

What is the right to refuse service statement? ›

What is the right to refuse service? Federal law in the U.S. indeed says businesses have a right to refuse service to anyone. Here's the catch: They can refuse service unless the company is discriminating against a particular class under federal, state, or local law.

Does a server have the right to refuse service? ›

The answer is yes, it is legal. Businesses do have a constitutional right to refuse service to anyone, especially if they are making a scene or disrupting service to other customers in their business. However, there are limits to the refusal.

What is the valid reason for refusing service to a patron? ›

Below are several legitimate reasons to refuse service to a patron: Underage individuals. Those who have over-consumed are showing symptoms of intoxication. Excessively rowdy or unruly customers.

Is there a constitutional right to refuse service to rude customers? ›

Unless it's a service dog protected under the Americans with Disabilities Act, you can refuse service legally. A customer threatens or verbally abuses you, your employee or other customers. You can ask them to leave. If your business is closed and a customer wants service, you have the right to refuse them.

What do you say when refusing service? ›

Clarify refusal: Always be very clear why you are refusing to serve the customer - focus on the behaviour and not the person. Point out signs or provide information on the law to reinforce your reasons. You could say “Your behaviour is indicating signs of intoxication.

What is the most valid reason for refusing service to a person? ›

These are a few justifiable grounds to deny a customer service: those who are underage. People who have consumed too much are displaying signs of intoxication. clients who are too rowdy or disruptive.

Can Walmart refuse service? ›

Every store has a right to refuse service. As do all restaurants. And most other businesses.

How do I deny service to a customer? ›

How to Say No To Customers: 7 Polite Refusal Strategies
  1. Understand and Empathize with Customer Needs. ...
  2. Explain Why You're Saying No. ...
  3. Prioritize the Customer Relationship in Refusals. ...
  4. Treat Every “No” Like The First “No” of The Day. ...
  5. If Your Customer Is Hot, Keep Your Cool. ...
  6. Turn That “No” Into a “Yes”
Sep 11, 2023

Can McDonald's refuse service? ›

Does McDonald's limit how big an order can be? It can if it wants to to as it can refuse service for any reason except discrimination of a protected class. Note this is a US answer.

What is the meaning of refusal of service? ›

On occasion, a person legally allowed to accept will refuse to take the documents you are trying to serve them. This could be the person named in the documents, a co-resident who could be substitute served, or, in the event of a business: a manager or registered agent.

How to politely refuse alcohol? ›

Here are five excuses you can use if you don't fancy telling someone you're alcohol-free for the month:
  1. Offer to drive.
  2. Tell everyone you're not drinking because you want to go hard at the (outdoor) gym tomorrow.
  3. Take control of the bottle – if you're pouring the drinks, no one will notice you're not having any yourself.

How should you cut off service to a customer? ›

Know How to Cut Someone Off
  1. Settle the tab first.
  2. Be firm with refusing to pour another beverage. ...
  3. Don't bargain with the patron. ...
  4. Be respectful and don't embarrass them. ...
  5. Make sure they are not driving. ...
  6. Stay safe. ...
  7. Ask them to leave the premises. ...
  8. Help them safely on their way.

Do businesses really have the right to refuse service? ›

As long as businesses can offer legitimate reasons for refusing service, and they're applied equally to everyone, there likely won't be a problem. As a small business owner, you have the right to refuse service to customers for certain reasons: for example, if people are being disruptive or intoxicated.

Can a cashier refuse service? ›

At least in the US, if a store is private property, an owner or employee (agent of the owner) may refuse service to any person she/he chooses, provided that the refusal of service is not for a reason forbidden by applicable anti-discrimination law, such as banning all people of a particular race or religion.

What is an unreasonable customer? ›

Unreasonable customers are inherently stubborn; they are unwilling to accept what we (and we like to think) most others would accept as obvious. Because unreasonable customers are detached from reality, they are among the most difficult customers to work with.

What is the right of refusal statement? ›

A right of first refusal is a contractual agreement between two parties that gives one the ability to be the first buyer. This party can match an offer made by a third party and purchase an asset, or they can refuse to match it, in which case the seller can proceed with selling it to that third, or another, party.

How do you professionally refuse service? ›

How to Say No To Customers: 7 Polite Refusal Strategies
  1. Understand and Empathize with Customer Needs. ...
  2. Explain Why You're Saying No. ...
  3. Prioritize the Customer Relationship in Refusals. ...
  4. Treat Every “No” Like The First “No” of The Day. ...
  5. If Your Customer Is Hot, Keep Your Cool. ...
  6. Turn That “No” Into a “Yes”
Sep 11, 2023

What is right of first refusal to provide services? ›

ROFR is an agreement that gives the holder the right to make the first offer or make a transaction with your startup before other interested parties. The clause mostly involves assets, for example, a rental tenant looking to acquire the property they are living in from their landlord.

Can you refuse to be served papers in Florida? ›

It is important that you know that when the other party is served by the process server they must accept the papers. Once they are found, they can no longer avoid the inevitable. In the state of Florida, refusing service of process without violence from a registered process server is a class one misdemeanor charge.

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