Do you know who You Can Legally Refuse to Serve or Ask to Leave? Know Your Rights!
Every service professional has
experienced the discomfort of having to cut off a belligerent customer; it’s
almost a rite of passage that every server or bartender must go through in
their career. But, what happens if you need to refuse service for another
reason? Who can you legally refuse to serve or ask to leave? Not only are the
laws regarding right to refuse service complicated and varied by location, but
private businesses can have their own additional rules and regulations.
Complicated as it can be, it’s important that you know your rights. Alcoholic
beverages are a regulated substance and society has placed a significant
responsibility on the server to dispense it properly.
In Nevada, you have a legal
right to evict from your premises, “anyone who acts in a disorderly manner, or
who destroys the property of any such owner or keeper, or who causes a public
disturbance in or upon such premises.” (Source: Nevada Legislature).
Given this, there are a number
of legitimate situations in which an establishment can refuse service,
including, but not limited to:
- Patrons who are
excessively rowdy or harassing other customers.
- Binge drinkers,
over-consumers and already intoxicated individuals.
- Patrons that would
overfill legal capacity if let in.
- Patrons accompanied by
large groups of non-paying customers who will fill up excessive space that
could be used by other paying customers.
Beyond this things start to get
tricky. As a matter of law, you must always respect people’s civil rights. It
is against the law to deny service based on protected classes such as “race,
color, religion, national origin, disability or sexual orientation.” (Source: Nevada Legislature). Additionally,
Nevada law mandates that you cannot refuse service to a person who requires the
assistance of a service animal such as a seeing-eye dog. (Source: Nevada Legislature). Outside of any type of
discrimination, within a private business establishment such as a bar or
casino, it is up to the establishment’s discretion who they do and do not do
business with.
Remember, bartenders and
servers need to be concerned not only with the behavior or state of their
direct customer, but how they can effect or interact with others around them.
For example, it could be dangerous to allow a small child to linger in a bar or
casino – what if they were knocked over by someone carrying a tray of drinks or
caught in the crosshairs of a bar fight? In Nevada, a business that sells
alcoholic beverages can be fined for allowing a minor to linger in the
building. People have been escorted out of establishments for all types of
unique situations including:
- Excessive personal hygiene
issues.
- Minors in the company of
adult caretakers in a bar or pub area.
- Pregnant women in a rowdy
bar or pub area.
What does this mean for you?
Always check your employee handbook or company policies regarding refusal of
service to see how your employer handles these types of situations. You need to
be aware of both company policies and laws specific to your community. You may
have to report any disruptive behavior or anything that makes you uncomfortable
to a manger before cutting off a patron or asking them to leave. There may even
be rules dictating that the person is escorted safely off of the property.
Also, keep in mind that asking
a customer to stop drinking or leave is not always good for business. Recently,
as reported in the Chicago Tribune in the article, “Pregnant Woman Says She Was
Kicked Out of Bar,” there was a case in
Illinois involving a pregnant woman (who was not consuming liquor) being asked
to leave a bar because she was viewed as a potential liability. The woman left,
as asked; but, she was embarrassed by what had happened. Now, the bar is
going through a wave of negative publicity (and a lawsuit may follow). A good
rule of thumb is to always use your best judgment in doing what you can to
maintain a positive and safe atmosphere.
AlcoholCardUSA has been voted Best In Las Vegas to get your TAM Alcohol Awareness Card, register for free at www.alcoholcardusa.com. We provide the fastest and most concise Alcohol Awareness Course.
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AlcoholCardUSA has been voted Best In Las Vegas to get your TAM Alcohol Awareness Card, register for free at www.alcoholcardusa.com. We provide the fastest and most concise Alcohol Awareness Course.
AlcoholCardUSA is one of the few programs approved and certified by the State of Nevada Postsecondary Education Commission.
Take the fastest online course today, visit our website today.