Courtesy of WFTV.com:
Wednesday, January 28, 2009 – updated: 8:56 am EST January 28, 2009
ORANGE COUNTY, Fla. — An East Orange County sports bar was under investigation accused of serving a teenager alcohol before he was killed in a crash.
The Florida Highway Patrol waited on toxicology reports Wednesday to see if 18-year-old Robert Erhart was drunk when he lost control of his car on Curry Ford Road and crashed.
Eyewitnesses said bartenders at TD’s Sports Bar and Grill on University Boulevard served Erhart drinks Friday night. The state division of alcoholic beverages and tobacco has received several complaints about the bar and was investigating them.
The family believes the bar should be held responsible if the allegations are true. “As a parent and teacher I would like to see it shut down,” said the victim’s mother Lea Mack.
Investigators would like to speak with anyone who has knowledge of any underage drinking at TD’s Sports Bar and Grill Friday night.
Here the link to this story on WFTV.com
SOMEONE PLEASE SHUT THIS PLACE DOWN.
[Notes from the editor (s)
This was commented shortly after this story broke]
Okay. There are numerous comments on the WFTV site about this, and everyone is very emotional about this situation. As a long time bartender, and someone in the industry, and someone who has also seen these things go down first-hand, I’ll tell you possibilities.
If they have people checking IDs at the door, and they let someone slide; and the bartender serves that person – the BARTENDER is at fault. Not the person at the door. Yes, they should have been more diligent, but they’re not serving drinks.
If the bartender has to check IDs, or even double checks a door person’s IDs and still serves them (fake id, altered id, torn id, bad id, expired id, wrong type of id…), the BARTENDER is, again, at fault.FAKE IDs, are no excuse. Every bar should have an ID book, and some sort of common sense about FAKE IDs and how to spot them. If you serve someone with a FAKE ID… IT’S YOUR ASS. Once again, IT’S YOUR ASS.
If you showed me an ID with the dates rubbed out, or the ID is peeling and cracked (all 3 illegal for being altered), and I serve you still? My fault.
If the venue does not provide reasonable education on responsible vending, and the bartender is found to contribute to an accident, injury, death, or anything else, THE BARTENDER (once again) and also the BAR can be at fault – if the family was to pursue legal action, they can claim the venue/bar provided no access for reasonable information and education for the staff, something along those lines.
Still, the bartender is the one serving the drinks, and the bartender is the one that will take most of the heat.If the venue provided reasonable education on RESPONSIBLE VENDING, then they can claim they made every effort, and the BARTENDER will be on his/her own.
However, we’ve all seen TD’s crazy drink specials – and over-serving of alcohol is a definite on any given night there. Any time you mix cheap cover with cheap/free drinks, and a lot of young people; it’s a recipe for disaster. I hate to say, but we could all see this coming.
Bottom line, the door staff (if there is any) will probably get a slap on the wrist, and most likely nothing in the legal system. The bar, if found negligent, will probably get their license suspended, if anything. But the bartender(s) will probably get the full brunt of the storm – fines, jail time, etc.
The legal penalties for underage serving are severe, and any bartender should know them going into any bar position, if not, I feel for you. That alone should make you think twice before sliding that underage person a drink.
Coupled with the fact that the FLABT has already been investigating them, and now this – I would expect a hefty civil suit from the family against the bar, and the bar staff could be in some deep legalese.
(I am not a lawyer, so this should not be taken as legal advice, or the definitive legal course to be followed. This is simply a summation of my past experiences and information I have learned. -A.C)
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