WY: Ordinance that would punish bartenders who serve drunk customers moves forward in Casper
By Katie King
January 23, 2019
People who serve alcohol — whether at bars, restaurants or private residences — may soon face consequences if they provide booze to someone who is clearly drunk.
A new alcohol ordinance, which will require three rounds of voting to take effect, passed its first vote at Tuesday’s Casper City Council meeting.
The ordinance will make it illegal to serve alcohol to a person who is clearly intoxicated. It will also make it unlawful for any agent of a liquor retailer to be intoxicated while performing their job.
The provision that would punish servers for providing alcohol to an already drunk person concerns some local bar owners, who told the Council that employees who do nothing wrong could end up in trouble.
Matt Galloway, the acting president of the Natrona County Liquor Dealers and the owner of several bars and restaurants in Casper — told council members he would respect their decision and acknowledged that overconsumption is a serious problem.
But the entrepreneur said he had many concerns about the proposed rules.
“It is with great, great trepidation that I would be willing to accept these newly proposed ordinances,” Galloway said. “… It will always be the contention of the Natrona County Liquor Dealers that training staff and educating the consumer heavily outweighs the results of instilling fear, citations and convicting good people of doing the best job they can.”
Travis Taylor, another bar owner, said he firmly believed that establishments should ensure their waiters and staff are well-trained in how to serve alcohol. But he said the new rules could end up hurting servers who did nothing wrong.
Customers sometimes bring their own alcohol to establishments, he said. They might order a few drinks at the bar and then go drink from their own supply in the bathroom or outside.
If that patron then becomes extremely intoxicated and causes trouble, Taylor worries that waiters or bartenders might be held responsible.
Council concerns
Although the ordinance did pass, two council members firmly objected.
Vice Mayor Shawn Johnson said the individuals who become too drunk are the only ones who need to be held accountable for that action.
“I don’t support putting that liability on bar owners, or a waitress, or a bartender, or a waiter, at all,” he said. “I think it is a little overreaching.”
Johnson then asked the Council to consider how this might effect private homeowners who serve alcohol at a house party. Councilwoman Khrystyn Lutz agreed with Johnson and said the responsibly should be on the consumer alone.
Others felt this new approach was needed to help curb alcohol-related crimes or tragedies.
“Everything that is dangerous or contrary to good society always gets labeled as the Wyoming way,” said Councilman Chris Walsh, who firmly supported the measure.
Walsh said private residences should not be exempted because people who become too intoxicated at private party can then leave that house and cause problems in the community.
Mayor Charlie Powell said the ordinances had his support but that he planned to closely monitor the situation.
“We need to pay attention to what happens (if we pass it),” he said. “If we see establishments closing right and left and if we see or hear that servers just can’t really enjoy their work anymore because they are constantly looking over their shoulder or are afraid they’re going to be caught overserving, that’s a problem.”
But Powell said he believed the more likely outcome would be that residents would adjust their behaviors and learn not to expect to become extremely drunk while out a bar.
Casper Police Chief Keith McPheeters proposed the alcohol ordinances to the Council at a work session last month.
“There is fear that police officers will be coming into bars and just looking around for somebody that is drunk and wanting to take action on that — that is not what this is intended to do,” he said, adding that the potential changes are meant to encourage owners and managers to hold themselves and their staff accountable and ensure that all employees are well-trained.
McPheeters has repeatedly asked the Council to acknowledge that the overservice of alcohol is a serious problem in Casper.
Fifty-nine percent of people in the city who are booked into jail are intoxicated and almost half of all drivers arrested for DUIs are more than the twice the legal limit, according to the chief.