It's illegal to serve intoxicated customers, but San Antonio bar staff say they feel pressured to

Scrutiny is particularly high after the high-profile arrest of Councilman Clayton Perry and his subsequent driving-while-intoxicated charge.

click to enlarge Under Texas law, if a bartender knowingly provides alcohol to an intoxicated customer, that server could face criminal charges and potentially open up an administrative case against their employer. - Shutterstock / bogdanhoda
Shutterstock / bogdanhoda
Under Texas law, if a bartender knowingly provides alcohol to an intoxicated customer, that server could face criminal charges and potentially open up an administrative case against their employer.

"It's time for you to go."

For some in the service industry, tending bar is a dream job. Until it's time to utter that phrase to an inebriated guest.

Tending bar is perceived to be easier physically than waiting tables, and it can promise more face time with patrons and bigger tips. But, like any other job, bartending has its downsides — one of the biggest being cutting people off.

"I don't want to bum anybody out. I want them to have a good time at our bars, but I also don't want to get in trouble," said Melanie Barrows, director of operations for San Antonio food truck parks Bésame and El Camino, both of which operate full bars. "We always have to be thinking about the possibility that this could be the drink that takes them over the edge. Because if something fucked up happens while I'm on duty, I could go to jail."

That pressure feels especially high for Alamo City bartenders after the high-profile arrest of Councilman Clayton Perry and his subsequent driving-while-intoxicated charge. Earlier this month, the Texas Alcoholic Beverage Commission (TABC) launched a probe into Evil Olive, a Northeast San Antonio bar at which Perry allegedly had 14 drinks the night of the automobile crash that prompted the charges.

Under Texas law, if a bartender knowingly provides alcohol to an intoxicated customer, that server could face criminal charges and potentially open up an administrative case against their employer. Bartenders licensed by the TABC undergo training that makes the rules — and the stakes for violating them — abundantly clear.

Even so, bartenders who spoke to the Current on condition of anonymity said they face pressure from patrons to bend the rules and keep the party going. Those bar pros said they frequently suggest that guests slow down, switch to water or leave the establishment altogether, but those recommendations can be met with temper tantrums and impudence.

"I'm just trying to do my job like anybody else," Barrows said. "I want you to have a good, but responsible, time. And that means doing my part not to contribute to a situation where you kill yourself on the way home — or kill somebody else."

The numbers suggest Barrows' fears aren't unwarranted.

According to data released last December by the Centers for Disease Control and Prevention, 32 people in the United States die daily in crashes involving an alcohol-impaired driver. That's one death every 45 minutes. The CDC also reports that Texans between the ages of 21 and 34 are responsible for the most alcohol-impaired driving deaths annually.

The same data also suggest that, despite the potentially deadly consequences, bars and restaurants are still overserving patrons.

The Current asked 11 San Antonio-area bartenders whether they have continued serving a patron who should have been cut off. Speaking on condition of anonymity to avoid legal problems, all said they had.

Novice and seasoned bartenders alike said they felt pressure from guests to continue serving, sometimes self-rationalizing to skirt the law. Several even shared excuses they'd made to themselves when they overserved a patron. Among those:

• "I feel bad for her. Her husband died and I really only see her smile and laugh after a couple of hours here."

• "He always tips his tab. It's an easy $30."

• "He's never a bother. I worry when he leaves, but he never fucks with anyone."

• "I want him to keep bringing his work friends here. They're all in tech."

• "She's a public, political figure. Can I really say no?'"

While bartenders said that they adhere to the law, by and large, TABC officials caution that there can be repercussions in instances when they let patrons slide.

"Bartenders ... are the first line of defense when it comes to preventing needless tragedies such as alcohol-related injury or loss of life," TABC Spokesman Chris Porter told the Current. "We're fortunate that the vast majority of bartenders and servers take this responsibility seriously, even when customers may not understand or appreciate the servers' role in keeping the public safe."

Perhaps it's also time for customers to recognize that they play a part in that defense as well.

San Antonio bartenders said it's vital for patrons to remember that they're not being cut off out of spite but out of legitimate concern for public safety.

Trust us on this one: pay your tab and call a ride home.

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Nina Rangel

Nina Rangel uses nearly 20 years of experience in the foodservice industry to tell the stories of movers and shakers in the food scene in San Antonio. As the Food + Nightlife Editor for the San Antonio Current, she showcases her passion for the Alamo City’s culinary community by promoting local flavors, uncovering...

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