ANALYZE THE SITUATION 12.5 MICHELE RODGERS ENTERED THE Golden Spike Bar and Gril

Question

ANALYZE THE SITUATION 12.5 MICHELE RODGERS ENTERED THE Golden Spike Bar and Grill on a Friday night at approximately 10:30 P.M. At the door, she was stopped briefly by the bar's security guard. The guard, Luis Sargota, inspected Michele's photo ID, as he had been trained to do during the one-hour orientation class he attended on his first day of work The photo ID presented by Michele showed her age to be 21 years and three months. The photo on the picture was clearly her own. She was not asked to remove the ID from her wallet. Michele entered the bar and, over a period of three hours, consumed five fuzzy navel drinks, each containing approximately 1.5 ounces of 80-proof alcohol served with fruit juice Upon leaving the bar at 1:30 A.M., Michele was involved in a traffic accident that seriously injured a man who was driving home after working the late shift at a local factory. The family of the injured man sued Michele and the Golden Spike when it was discovered that Michele was, in fact, only 20 years old, and thus was not of legal age to drink alcohol The attorney for the Golden Spike maintained that the bar acted responsibly, in that it trained its security guards to check for identification prior to allowing admission to the bar, and that Ms. Rodgers had presented a falsified identification card, which the bar could not reasonably have known was false. In addition, the security guard stated that Ms. Rodgers "looked" at least 21 when she entered the bar. Thus, the bar was not guilty of knowingly serving minors 1. Is the bar responsible for illegally serving Ms. Rodgers? Was she served excessively? 2. Since the security guard did not serve alcohol, do you think a jury would find one hour of orientation sufficient in his training? 3. What could the owners of the Golden Spike do in the future to pre- vent a reoccurrence such as this?

Explanation / Answer

Is the bar responsible for illegally serving Ms.Rodgers:

Liquor law:

- Minimum age to drink is 21 years

- A driving licence or a passport to be produced as identification for age

- Since the bar followed the above rules of liquor law, it did not illegally serve liquor to Ms.Rodgers.

- the quantity of alcohol consumption is not mentioned as a part of law. Hence serving more is not also illegal

2.1 hour of orientation is definitely not sufficient during trainings:

- Trainings has to be continuous in order to produce effective results

- one day one hour training would not fulfill the need for training

- training is a step-by-step approach

- sufficient amount of content and time has to be spent on it in order to be effective

3. Steps to prevent in future:

- To hire security guards with relevant knowledge on fraudulent activities

- To educate the liquor laws to all employees in the bar

- Training has to involve fraudulent findings

- To check the ID presented throughly

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