ZANESVILLE − Ohio legislators are asking who is responsible for the wellbeing and safety of patrons, staff and the public if someone leaves a bar intoxicated.
Is it the bar? Or is it the personal responsibility of the adult to act safely if they’re intoxicated?
A proposed Ohio law — House Bill 504 — would require state-approved training for all liquor permit holders and their employees. The training would include the laws on alcohol sales, preventing sales to underage people, recognizing when to stop serving alcohol to someone and conflict management skills in alcohol-related situations.
If liquor permit holders and employees complete the training and follow the protocols, they would be immune to personal injury, death, or property damage lawsuits.
The bill is currently with the House Civil Justice Committee.
“My bartenders are taught to I.D. everyone,” said Jeff Fenton of Creekside Pub, 2290 Old River Road. “They will even I.D. the same person several times a night sometimes.”
Fenton points out that many bars already train their servers and bartenders to not only I.D. patrons, but to also look for signs of intoxication and to stop serving. Many bars already participate in the TIPS (Training for Intervention Procedures) and ServSafe alcohol certification programs. Both are skills-based education and training for responsible service, sale and consumption of alcohol.
“Over the years I have found hundreds, if not thousands, of the tiny shot bottles you can get from almost anywhere, in my trash cans and parking lot,” said Fenton, pointing out that often times patrons come in already intoxicated.
Bars can’t police anything that happens outside their walls, he said.
“A bar can cut off an intoxicated person, but what happens when they leave? Do they drink in their car and then get into a wreck?” asked Fenton. “There's no way the state can prove that something happened due to a bar over serving once that person leaves the premises.”
The Barn owner Jim Watson said he’s not ready to comment yet on the bill as it moves through the legislature, but that his staff does participate in training provided through the state liquor agency.
State Rep. Gail Pavliga, R-Atwater, introduced the bill, also known as Hayden’s Law, April 23 after she was approached by the parents of Hayden Kaiser, a 25-year-old soccer coach from Northfield in northern Summit County who died in 2021 after a car crash. Pavliga told the Columbus Dispatch Kaiser had a tab of $170 at a bar and was still allowed to walk outside and get in his car.
"It isn't that the parents think anybody did anything wrong. It's just that they are really looking right now to educate servers about what this would look like, and clearly prevent others from losing their lives," Pavliga said when the bill was introduced.
“I've never been sued because my bartenders already know not to serve an overly intoxicated person,” said Fenton. “Plus, we have cameras everywhere that we can look back on to see how many drinks we served them. There are a lot of indicators that let you know when a person is overly intoxicated.”
Fenton said one thing they try to do is keep patrons who are intoxicated in the bar.
“We would rather they stay here and be safe than to be made to leave and either drive away and hurt themselves or someone else,” he said. “We will cut them off, offer water or some other soft drink. However, if they get belligerent and start acting out to where they are putting other people in danger, now they have to go, either willingly or with a new set of bracelets.”
Fenton said the bill could be a positive thing, but “only time will tell.” At the end of the day, he said, it’s up to the individual.
“I shouldn't have to worry about something that is only partly under my control. I mean, if you go to a buddy's house and drink, then drive and get into a wreck, is your buddy liable?” he said. “You are an adult. Know your limit. Don't drink and drive, and, if you do, don't blame it on someone else and try to get rich off it. The bar didn't force you to drink XX amount of drinks. YOU did that on your own. Take responsibility for your choices.”
This article originally appeared on Zanesville Times Recorder: Zanesville bar owners take a wait-and-see approach to proposed training requirement
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