Serving Alcohol to OC/CC folks, put yourself in my shoes......

[Jake8x7]

I think 1 pint per hour for a maximum of two pints (at least 1 hour apart) is a good policy. If you think about it, your typical pint is 16 oz, or 1.5 servings. This means that even if the individual chugs the second pint, the maximum amount of alcohol servings in their body is 2 (1.5+1.5 is 3, -1 for the average body converts 1 serving of alcohol each hour).

The average sized man (180lbs) will have a Maximum BAC around .051 (and this is only possible if they chug their second pint and leave to drive immediately).
For women 150lbs, your BAC would be a maximum of .074

I would extend this rule to wine as well- 1 glass per hour with a maximum of two glasses. A 180lbs Man having two glasses of wine in 1 hr (again, chugging at the very beginning of the hour) Would only have a BAC of .028

Personally I wouldn't serve liquor to OCers period.

If at any time your employees feel uncomfortable with an OCer, have them come to you. Ask the OCer to leave at any time if you wish.

I would argue that these would be good rules for your store. The amount of respect that you show OCers by doing this would arguably guarantee returning OC customers.

 

[Jake8x7]

EDIT: Accidental double post. Moderator please remove.


Jake8x7

 

[jdgypsy]

Jake, I speak from personal experiance when I state this fact. The one an hour is right in threory but no where near perfect and not something I like to base a major decision on. I recieved a DUI years ago in Cali, something I don't talk about often. I had a BAC of .08 and in Cali.....that was a DUI. I thought I was fine to drive and ended up in a wreck, not my fault. If I was given a chanc efor a sobriety test I would have past, breatherlizer is a no brainer for the cop. Anyway, I had a beer an hour in a country bar and after about 4 beers and 5 or so hours later, I left and 100 miles up the road, bammm...I got nailed. I was 6'2" and 180lbs and in great shape.( Still am 15 years later) Haha.

Just food for thought. Be careful Ed......

JD

 

[DocWalker]

Personally I never drink when I carry and I usally go armed. I just think it is best and doesn't give anyone anything to complain about. On the off chance I decide that it is my night to drink I make sure the wife is armed.

Drinking and being armed may be ok in some peoples eyes but it just doesn't look good. It equates to "don't crap where you eat" in my book.

 

[Jake8x7]

Jake, I speak from personal experiance when I state this fact. The one an hour is right in threory but no where near perfect and not something I like to base a major decision on. I recieved a DUI years ago in Cali, something I don't talk about often. I had a BAC of .08 and in Cali.....that was a DUI. I thought I was fine to drive and ended up in a wreck, not my fault. If I was given a chanc efor a sobriety test I would have past, breatherlizer is a no brainer for the cop. Anyway, I had a beer an hour in a country bar and after about 4 beers and 5 or so hours later, I left and 100 miles up the road, bammm...I got nailed. I was



6'2" and 180lbs and in great shape.( Still am 15 years later) Haha.

Just food for thought. Be careful Ed......

JD

Not to start asking personal questions, but were they standard 12oz 4.2-5.9% ABV or were they pints or overpoured 14-16oz on tap? Were you taking conflicting medication?

 

[Keith Cromm]

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[IdahoOpenCarry]

What if you do have to shoot someone while you are under the influence?

Two of the primary purposes in OC'ing are: protecting life; and, promoting OC, so we don't lose it to the anti-gun left (that is usually their first and easiest target and victim).
If you are under the influence when you are driving a car and someone runs into you, in all probability, you will take the fall criminally and civilly.
If you are under the influence and you are required to protect your life or someone else’s, the first consideration of the investigating officers and city or county prosecuting attorney will be; would you have shot the person if you were not under the influence. Whether or not alcohol did influence the shooting, you will still be defending yourself for being under the influence when discharging your weapon, either in criminal or civil court or both. Even one beer can be used against you.
I spent 40 years as a process server and private investigator serving people civil summons for traffic accidents that they were involved in; and they were being held responsible for the accident because they were under the influence. Right or wrong, your insurance company will not fight the lawsuit in court; it is easier to settle out of court and raise your premiums.
You WILL be sued and or prosecuted if you shoot someone while you are under the influence, whether you are right or wrong. It is better to not drink if you are carrying and have nothing impeding your decision to use your gun if it is necessary.
Tony@IdahoOpenCarry.org

 

[ThatOneChick]

Two of the primary purposes in OC'ing are: protecting life; and, promoting OC, so we don't lose it to the anti-gun left (that is usually their first and easiest target and victim).
If you are under the influence when you are driving a car and someone runs into you, in all probability, you will take the fall criminally and civilly.
If you are under the influence and you are required to protect your life or someone else’s, the first consideration of the investigating officers and city or county prosecuting attorney will be; would you have shot the person if you were not under the influence. Whether or not alcohol did influence the shooting, you will still be defending yourself for being under the influence when discharging your weapon, either in criminal or civil court or both. Even one beer can be used against you.
I spent 40 years as a process server and private investigator serving people civil summons for traffic accidents that they were involved in; and they were being held responsible for the accident because they were under the influence. Right or wrong, your insurance company will not fight the lawsuit in court; it is easier to settle out of court and raise your premiums.
You WILL be sued and or prosecuted if you shoot someone while you are under the influence, whether you are right or wrong. It is better to not drink if you are carrying and have nothing impeding your decision to use your gun if it is necessary.
Tony@IdahoOpenCarry.org

If this were the case, say, the OP has a patron come in who is OCing and that patron decided to have a couple of beers. While there, someone comes in to the establishment and attempts to rob it. The patron defends life and liberty and accidentally hits a bystander. Could the owner of the establishment be held responsible for serving alcohol to them? Civilly or criminally?

 

[MAC702]

It will depend on the locality and their same attitude toward charging bartenders for drunk driving consequences.

 

[ecocks]

Two of the primary purposes in OC'ing are: protecting life; and, promoting OC, so we don't lose it to the anti-gun left (that is usually their first and easiest target and victim).
If you are under the influence when you are driving a car and someone runs into you, in all probability, you will take the fall criminally and civilly.
If you are under the influence and you are required to protect your life or someone else’s, the first consideration of the investigating officers and city or county prosecuting attorney will be; would you have shot the person if you were not under the influence. Whether or not alcohol did influence the shooting, you will still be defending yourself for being under the influence when discharging your weapon, either in criminal or civil court or both. Even one beer can be used against you.
I spent 40 years as a process server and private investigator serving people civil summons for traffic accidents that they were involved in; and they were being held responsible for the accident because they were under the influence. Right or wrong, your insurance company will not fight the lawsuit in court; it is easier to settle out of court and raise your premiums.
You WILL be sued and or prosecuted if you shoot someone while you are under the influence, whether you are right or wrong. It is better to not drink if you are carrying and have nothing impeding your decision to use your gun if it is necessary.
Tony@IdahoOpenCarry.org

I would say the FIRST consideration would STILL be was their danger to the life of the shooter or another citizen engaged in lawful conduct.

As for some of the other questions raised:

I would expect to be a party in a suit if one of my alcohol-served customers "accidentally" shot someone during a robbery or (God Forbid) by accident while on the premises. I also think that given the encouraging nature of the policies I originally had in place that I would end up being sued even if someone was accidentally shot while NOT drinking. I ALSO think that IF I was ever shot by a customer during a robbery, I would have the character to NOT sue them unless it was truly a gross negligence issue. For instance, the robber is at the front door, 35 feet away and the customer sprays bullets all around the dining room in panic. That would be even if I was a customer somewhere else and was just unfortunately caught up in a crossfire.

I disagree that you will AUTOMATICALLY be sued if you shoot someone after a drink, although the odds are certainly (and unfortunately) in favor of that happening.