Refusing to Pour for a Drunk Taster

I’ve been thinking about this after an experience at the LA Times Food & Wine Celebration last month. The VIP tasting began at 3PM. At 3:30, two guys stopped by my table…make that two REALLY shit-faced guys. I mean, they were seriously blasted. My helper poured them each a glassful before I sussed what was up and they moved on.

When the drunks show up, it’s always time to fold one’s tent and split the scene. I am used to seeing these shit-birds in the last hour or so, but never this early! The next time this happens, I wonder…will I tell 'em to piss off somewhere else? Where does my responsibility begin and end?

What are your thoughts?

If it is an event that includes several wineries, what I like to do is act as if they are truly interested in the nuance of the wines I am pouring, explain lots about the wines before giving them any then give a tiny pour. They go elsewhere.

Or you could tase them…

Here in Oregon at least, that law is clear - it’s your responsibility NOT to serve someone who’s obviously intoxicated. Of course, I always wonder how to negotiate such a things with someone who’s blasted and perhaps likely to make a scene. Ah, the joys of the business.

Just don’t lock the door!

I know the same is true in California, at least for on-premise licensed establishments. I’d be really surprised if wineries aren’t under the same obligation wherever they’re doing tastings. How you handle it in a trade setting is a bit tricky but a firm approach should usually work unless they’re so far gone that they just don’t care.

I’ve had to cut people off several times. I haven’t had anyone give me a hard time about it yet. I think it helps that I’m a big guy and I know how to look cranky when I want. In my other life I had to fire people occasionally. Trust me, cutting people off is easier.

When I was a bartender we were trained in judging people’s drunkenness, etc. and how to gently cut off people, but honestly, at a large tasting, how much liability would one winery have? How could they pin something on one specific winery? I would imagine it would be next to impossible. Not that I am condoning pouring total drunk-asses, but I find it hard to believe that you could personally be held liable.

Careful, they may spontaneously combust

Good thing the door is unlocked!

How much liability do you have? If you’re luck is bad they’ll go out and kill someone on the road and the winery person at the table next to you will recall for the Highway Patrol how you poured a full glass for a drunk guy.

The tough part is how do you say no. If it’s a group where there is someone sober enough to reason with that’s where you start. If they’re all shitfaced you just have to be polite but firm (I know, easier said than done).

Having poured for end-of-tasting drunks I’m trying to think of how this is a bad thing…

What is this?

Tell them that it got a DrBigJ 95 pts. That should make them move on.

Seriously…just keep a bottle of some REALLY shitty stuff, and bring it out for the morons who are there to get drunk.

with “housed” patrons at a large event, i usually go with the uber-short-pour. if they question the amount in the glass, which is what the boozies usually do, i give them the “Well, this IS a tasting and I only have so much wine to pour and want to make sure everyone get to try some” spiel.

if that doesn’t put them off, i’ll begin the hard sell on the wine club while holding the bottle in a i’m-just-about-to-pour-wine position…that’s usually the deal breaker and off they stumble.

See California Civil Code section 1714 and Business and Professions Code sections 25602 and 25602.1.

OK… so the question then becomes one of why so many license holders believe they can be found liable if they serve someone who then goes out and kills someone else. It’s never a good idea to continue serving someone who’s intoxicated, but is there really no legal liability?

There is in Washington. Contrary to the belief of some, Cali isn’t the only place with wineries…

Great idea! Maybe dispense a glassful of spoiled chocolate milk and bid those asshats adieu.