Over the last few months, bar owners and city officials have been debating the implementation of a new “Sober Server” law which would forbid restaurant/bar personnel from consuming alcohol on the job. Despite some of the criticism it has received, this proposed legislation is a positive change, as it gives more clarity than the existing law concerning server sobriety. The recently proposed Sober Server law demonstrates a more effective way to enforce safe serving practices, which ultimately ensures patron safety.
Although current legislation prohibits employees of establishments that serve alcohol from being “under the influence,” this language is too vague and warrants more specific guidelines. With no precise definition of what it means to be under the influence, each instance of server drinking is open for debate as to whether the server is observing the ordinance or not. Some would assert that the phrase “under the influence” simply means consuming any alcohol, whereas others might say there is nothing wrong with downing a couple of beers on the job as long as someone isn’t trashed out of his or her mind. The way to solve a hazy problem that currently relies too heavily on subjective judgment is to put a quantifiable limit on alcohol consumption. Much like drivers who have a clear, definable standard for an acceptable BAC (.08) for operating a motor vehicle, servers need an exact number so there is no need to dispute what constitutes lawful serving practices. The proposed ordinance offers clarity to eliminate this gray area.
In suggesting that limits must be set to improve clarity, the proposed ordinance wisely sets that number at zero. Those who do not see the harm in sipping a beer on a slow night or taking a couple of shots with patrons should consider whether this behavior would be acceptable at their place of employment. It is hard to imagine a situation in which a boss would ever encourage or accept any sort of drinking on the job. Most employers have a “no tolerance” policy and would immediately fire someone if they were caught casually sipping a PBR while filing their TPS reports or taking a shot before teaching a class of kindergartners. Our culture of leniency surrounding alcohol in Wisconsin often warps perceptions about what is acceptable or in the public’s best interest. Unless you are employed as a wine taster or a job that specifically requires you to consume alcohol, there is no need to drink on the job.
Perhaps the most important point to consider that speaks to the importance of the “Sober Server” ordinance is that servers need to be good judges of when a patron has had too much to drink, and alcohol consumption can hinder a server’s ability to do so. No one would dare dispute that alcohol impairs judgment. It is a proven fact. While a tipsy bartender may be fully capable of serving up drinks, he or she may not be as in tune with his or her environment and is less likely to notice when a patron has had too much to drink. Servers have a duty to serve in a responsible manner, and consuming alcohol on the job threatens to weaken their judgment. Forcing all servers to be 100 percent sober ensures fewer patrons will be served beyond their limits, which promotes patron safety.
Critics of the law worry about the unforeseen negative impact on brewers who could be subject to regulation under the original language of the law. However, there is already talk about making the law more specific to ensure such businesses are not hurt. While it is good to look carefully at the proposed legislation to make sure there are no more unintended restrictions that could impact an establishment’s ability to conduct business as usual, this does not mean the law should be scrapped, since it addresses an import issue which affects patron safety.
The bottom line is this new ordinance just makes sense. The old law is well-intentioned, but unclear at best. It’s time to address these ambiguities with the new Sober Server law.
Holly Hartung ([email protected]) is a sophomore intending to major in journalism.
