Bev ShafferCanton Repository
A couple walk into a bar and order drinks. There’s no punchline here, just a question of who bears the responsibility for the safety and well-being of patrons and staff.
Is the couple responsible for how much alcohol they consume?
Or is it the bar's job to monitor how much they are drinking?
A proposed Ohio law — House Bill 504 — would require state-approved training for all liquor permit holders and their employees. The training would include the laws on alcohol sales, preventing sales to underage people, recognizing when to stop serving alcohol to someone and conflict management skills in alcohol-related situations.
If liquor permit holders and employees complete the training and follow the protocols, they would be immune to personal injury, death or property damage lawsuits.
Many Stark County bar and restaurant owners say they aren't opposed to training — especially if it limits their liability in lawsuits — but some question the cost and whether it would be effective. They also note that many already participate in the TIPS (Training for Intervention Procedures) and ServSafe alcohol certification programs. Both are skills-based education and training for responsible service, sale and consumption of alcohol.
"Anytime we can provide a safe space for guests, we are all in," said Adam Longacre, co-owner of UnHitched Brewing Co. in Louisville and the new Woodshop by UnHitched Brewing in downtown Canton. "(And) if this bill includes more training that we can provide in house, that’s a bonus.”
Why was House Bill 504 — also known as Hayden's law — introduced?
State Rep. Gail Pavliga, R-Atwater, introduced the bill after she was approached by the parents of Hayden Kaiser, a 25-year-old soccer coach from Northfield in northern Summit County who died in 2021 after a car crash.
She said Kaiser had a tab of $170 at a bar and was still allowed to walk outside and get in his car.
"It isn't that the parents think anybody did anything wrong. It's just that they are really looking right now to educate servers about what this would look like, and clearly prevent others from losing their lives," Pavliga told the Columbus Dispatch when the bill was introduced.
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Jennifer Bushby, communications manager for Ohio Restaurant & Hospitality Alliance, said the group is working to understand the full scope of House Bill 504.
“While we work to learn more about the details of this particular legislation, the Ohio Restaurant & Hospitality Alliance continues to encourage our hospitality community to complete the ServSafe alcohol certification, although it's not mandatory at this time,” Bushby said.
What do Stark County bars and restaurants think of House Bill 504?
Chris Maggiore, owner of four Jerzees locations as well as M Bar, said the proposed bill would help with additional protections from someone being over-served.
“The training should be not only for bartenders but servers as well,” he added.
As restaurants add patios and larger areas, Maggiore said servers are more of the customer point of contact. He hopes the training could extend to seasonal help as well, which would include summer help, college kids and others that need to be trained upon employment in the industry.
Maury Sullivan, owner and partner of Tim’s Tavern, Kozmo’s Grille, and Pancho’s Southwestern Grille, has been in the restaurant business for over 40 years.
He said that enforcing the proposed requirements of House Bill 504 would prove to be difficult if not impossible, because restaurant operations include staffs of 15 and up to 50 in larger operations. Each of those workers may serve alcoholic beverages.
“At any point in time, it’s just not realistic to expect all staff to be fully trained,” Sullivan said.
And while he said he understands the rationale behind the bill, he dislikes "government dictating to businesses how best to carry out their activities.
"I do support the widely accepted training for alcohol service, ServSafe, offered throughout the hospitality industry," he added. "The course is readily available, and its tenets should certainly be followed by any responsible provider of alcoholic beverages.”
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'When a customer tells you they have an Uber or designated driver and they don’t, we can’t police that.'
Tamara Jorgensen, owner of Grapes in a Glass, raised another potential problem.
“When a customer tells you they have an Uber or designated driver and they don’t, we can’t police that," she said. "Or if they come in and order one drink and go from normal to trashed and you find out that they just had eight drinks next door. There are so many things out of the bartender's control.”
'The immunity mentioned in the bill is something we are absolutely a fan of.'
Jackie and Dustin Wilbur, owners of Benders Food & Spirits and Benders West End Tavern in Massillon, are not opposed to the idea of the bill and feel that education on matters involving alcohol are important and beneficial.
“The immunity mentioned in the bill is something we are absolutely a fan of," they said. "Patrons should have to carry a part of the responsibility when it comes to over consumption.”
Jorgensen agreed.
“Generally speaking, I am not in favor of laws that remove or override personal responsibility," she said. "Ultimately, the person drinking is responsible.”
Tony Paumier, owner of The Bistro of Oakwood in Plain Township, has always made it a point with staff to be conscious when it comes to over-serving alcohol to patrons.
“At the end of the day, there is only so much we can do as an establishment to keep people safe," he said. "I have called Ubers for patrons or personally taken them home. These same patrons had, all of a sudden, showed signs of over-intoxication even if we had only served them one drink. Some people like to stop at multiple places in one evening, and there is no way of telling if we’re that last stop until it may be too late.”
How will the training work?
Many of the owners expressed concern over the actual training process, availability and costs.
“If legislation makes this training standardized across the board, then that is a positive," Longacre said. "The only real questions or concern is the impact that it could have on businesses financially if owners have to pay for annual classes, etc.”
He noted that current third-party trainings (ServSafe, TIPS, etc.) are expensive, and he hopes that this bill would include financial assistance to businesses to help pay for the mandatory training.
Sullivan said any mandated training should be offered online and at minimal or no cost.
“We all watch and learn using videos these days, and that would make the educational training process much more accessible,” he said.
All owners agreed that they aren't opposed to training, as no responsible business wants to see someone leave their establishment and harm someone or themselves.
“I believe you can never have enough training on the subject, and that people need to support this bill because the issue is so important,” Maggiore said.
Reach Bev at bshaffer@gannett.com or 330-580-8318.
