Bar Employee Rules 101
An essential aspect of running a bar, nightclub, or other drinking establishment is making sure that your employees know the rules. It is not enough for you (the bar owner) to simply know what the rules are. The bar employee must also know the rules. This means that the bar employee must know what your obligations are under Federal law, State law, and local ordinances. It is also important that the employee understands that the knowledge or information they learn in the course of their employment may be used against you by an investigator, by a government official, by the local community or by a criminal prosecutor.
An example may help to make this point clearer. In a prior article, I explained that the "liquor license issued to your bar business is separate from your bar business as a whole." Every bar owner is at risk from the community , the police department or the liquor control agency suspending or revoking the bar’s liquor license if it believes that alcohol is being served to a minor. This can happen even after a bar owner can prove that the bar took reasonable measures to prevent intoxicated minors from ordering alcohol. Therefore, in the course of his or her employment, an employee will come into contact with a lot of information that can be very harmful to you or to your bar business if not handled properly.
It is therefore essential that your bar employee and your bar customers have the benefit of clear and unambiguously understood rules. In this way, all parties understand the consequences of any rules infractions.
Legal Basics
The laws associated with liquor service vary from state to state, but there are a few commonalities. These laws generally dictate the legal age of employees handling alcoholic beverage as well as the age of the consumers. There are also specific health and safety standards that must be followed in order to protect workers and customers. The onus is on the bar owner to keep up with government regulations, so that your business is both profitable and law abiding. Personal and organizational integrity start with meeting or exceeding government standards.
Dress Code Protocols
In a bar setting, a dress code provides guests with a first impression of the establishment. When considering enforcing a dress code for the operation, bar owners should have a clear purpose in mind for what their establishment attire is meant to convey. Is it a high-end establishment? If so, the dress code should reflect that. Is it a nightclub/bar scene? The dress code should be designed to keep out more casual guests. Do your employees act as hosts and wait staff? Consider requiring employees to dress professionally. Determining the purpose of a dress code will help you to craft appropriate rules for your situation.
Typical dress code policies include the following:
No headgear, hats or caps unless worn due to a medical condition
No ripped, tattered or frayed (or torn) clothing
No sleeveless shirts
No excessively baggy pants, including pants which sag
No openly displayed underwear
No overly tight clothing
No obscene, profane or suggestive logos or graphics
Professional appearance required for guest-facing roles (i.e., bartenders, hosts, servers, etc.)
Dress code policies may be enforced on doors, with some bars asking guests to remove certain articles of clothing upon entry, before being allowed to proceed further into the bar.
Customer Engagement Guidelines
For each type of establishment, the rules may vary considerably but the goal is generally the same: to treat everyone with courtesy, to not be rude in any way and to avoid appearing judgmental whatsoever. How you train staff depends on how you set that standard and what kind of exceptions (if any) you permit. These are essentially bar rules for customer interaction and they can cost you as much as they save you:
1. "We have a dress code but we don’t enforce it."
At some establishments the dress code is strictly enforced; at others it seems to just be a suggestion. In this establishment, we might even let our bartenders/servers enforce the rule(s). Regardless, just like the bartender or cocktail server, you should certainly have a dapper looking doorman who looks a bit like the bouncer in order to turn away anyone who isn’t appropriately dressed. And, believe me, a drink will taste just as good in a suit as in shorts. You will not lose business – in fact, you will gain positively because those who do dress appropriately see that you take this issue seriously and they feel a level of societal respect afforded them.
2. "We do not discriminate but have no problem being picky or exclusive."
Similarly, we have to realize that whether we like it or not, some customers will prove to be more profitable than others. Finding a way to treat everyone the same while also treating certain customers a bit better is something which only comes with time. This is a key factor that all Managers and Bartenders must learn about the industry.
3. "Patrons must always be treated with respect but we have the right to be rude to those we believe deserve it."
This one goes back to the issue raised above about dampening the spirits of customers every so often by not returning a "thank you" or not responding to a toast. Once a customer realizes that a business uses its own people to essentially police its outside (and inside) guests then you better believe that they will feel as though same rules do not apply to them – and they will take as much offense as they want. This is typically one of the main complaints we hear from regular patrons – that an infamous customer was treated like royalty simply because they have been around the block before. It doesn’t cost you a cent to say ‘thank you’ and perhaps inasmuch as you maintain a safe establishment with ‘good’ people, you should always be polite.
Serving Alcohol Legally
When an individual decides to accept employment in the bar, hotel, restaurant or hospitality industries, they should expect to receive training in ‘RSA’ or ‘Responsible Service of Alcohol’. Your employer should at a minimum implement an in-house policy concerning the standard that is required to be maintained for the responsible consumption of alcohol whilst on duty and the rules which apply if you are serving patrons in and around the licensed venue. This will generally include not over serving patrons, knowing how to recognise intoxication as early as possible and how to deal with intoxicated patrons. The venue in which you are working should also run an RSA course or have a number of staff who are qualified trainers who can run a course for staff members once or twice a year. Many bars, hotels and restaurants make it compulsory for all employees (including management), to undergo a refresher RSA course every 2 years so that the staff member does not forget the basic rules which apply in every scenario. Your employer should also make available at the bar or at other points of service, a guide to the signs of intoxication, what to do if someone is intoxicated or high, how to manage a refusal of service and how to manage a situation when someone leaves your venue intoxicated or high. If you are working a night shift it is important that you do not serve or allow someone who is in your opinion intoxicated access to service or to the remainder of the venue if they are already within it. For example, if you (for whatever reason) ever find yourself in the situation where you or a colleague are in the position to bar a person from the venue, it should be made clear to the patron that they must leave immediately. If the patron is intoxicated when attempting to enter the venue, clearly tell the patron they are intoxicated; refusing them entry into the venue. If they persist, you should then ensure they are aware of your intent to contact security or the Police. It is also important to be certain of their intoxicated state before making such a judgment, as this could open you up to personal liability for discrimination or where a ban may result in a claim for defamation.
Client Cash Handling Policies
A Seattle bar or restaurant owner should take certain steps to minimize theft from cash or non-cash transactions. Of course, the bar’s location, size, and range of services offered, will affect what is possible.
As an initial matter, the owner can simply designate an employee, or group of employees, responsible for handling all cash and non-cash transactions. Other employees may not touch cash or non-cash transactions in any way. If this type of draconian system is not created, all employees should be instructed never to leave a cash register, drawer or other receptacle. They must always verify the next employee will immediately step in to perform his or her duties until the task is complete (such as setting down the customer’s credit card on the counter). The person previously handling the transaction may never return to the register to correct any deficiencies. A failure to implement this rule will almost certainly see cash and non-cash transactions handled by employees for long periods of time, making it much more difficult to determine the perpetrator of any thefts.
An employee should not be permitted to handle cash and non-cash transactions that are to be stored in a single cash drawer. Rather, each employee should have his or her own drawer that the employees are logged into by the computer (or manually). Each employee handles his or her own drawer , and can only perform transactions using that drawer. This allows for easy identification of the thief.
The drawers should be separated from the cash register by a distance which requires the employee to return to the cash register to process certain items requiring special treatment. For example, checks and gift cards are often not signed at the cash register, and a signature matching the name on the card must be verified. Another example would be an employee must stop to apply a discount for a complimentary item, or valid coupon. In these instances, the employee would return to the register and complete the transaction using his or her drawer (that is logged onto the cash register). The drawer should be located in a separate place where errors will or can never affect the drawer of another employee.
The cash drawer to hold cash or non-cash payments may contain trackable cash, non-cash duplicates or codes, such as:
Requiring employees to perform transactions in a separate area allows for easy review of their training and adherence to policy. Thus, the owner has records regarding who precisely taught the employee to handle the cash and non-cash transactions. Whenever a theft occurs, after all reasonable precautions have been undertaken, these records will be critically important in addressing theft with the police. They will also be important in the event the owner seeks to be indemnified from loss by an employee bond.
Dispute Resolution Procedures
Workplace disputes can occur as a result of personality clashes or disagreements over policies and procedures. Whatever the reason, these conflicts can exist without harming the employer or the workplace, provided that they are addressed proactively and consistently with bar rules. Conflict resolution begins at the hiring process, where attorneys should consider their personal compatibility with applicants. Although this is in no way a guarantee that attorneys will get along, it is an important first step. An office policy for workplace disputes is also a good idea. In this policy, the attorney should outline the process for employees to raise complaints, including harboring a representative such as an employee or attorney, and the process for response and redress by management. The process might include investigation, temporary reassignment, mediation or an employee assistance program offering counseling or other services. Once the policy is in place, the attorney should adhere to it consistently. Failing to follow the policy could result in allegations of favoritism or differing treatment of similarly situated employees. Attorneys can encourage a harmonious working environment, and decrease the risk of disputes, by modeling good behavior. Attorneys should treat employees with respect and civility and model open communication. If attorneys do not comport themselves on a daily basis to the type of behavior they expect from employees, trust and respect will erode and conflicts may arise. In addition, attorneys should be familiar with— and follow— any policies that the employer has established to foster a respectful work environment. Attorneys should also be familiar with the types of conduct that are prohibited. Generally speaking, sexual harassment is any unwelcome behavior or comment of a sexual nature that creates an intimidating, hostile or offensive environment for the victim or bystanders. The bar’s anti-harassment policy should encompass all employees regardless of gender, gender identity, sexual orientation, race, religion, national origin or any other status protected by law. Under the State Bar Rules of Professional Conduct, attorneys should take reasonable steps to prevent the occurrence of such conduct. That said, the State Bar confers no vicarious liability on attorneys who simply are unaware of an isolated incident of harassment. Vice-versa, the knowledge of an attorney does not make that attorney a "responsible management authority," unless there is a corresponding duty to act. For example, a supervisor who witnesses off-site harassment or a co-worker’s complaint about harassment could be a "responsible management authority" under the Rules and may have a duty to act. Furthermore, such behavior by an employee that undermines the integrity of the practice of law should be dealt with by the firm in a matter consistent with the seriousness of the conduct. Thus, responding to a single instance of improper workplace behavior may be appropriately dealt with through a verbal warning, while repeated violations or egregious conduct may warrant a more severe response.
Bar Cleanliness Protocols
It’s a Bar and Grill, Not a Barnyard: The Cleanliness Standards Employees Must Maintain
Imagine if you went to a restaurant and found leftover food under your table or behind a bench. What would be your reaction? "With no regard for the health and safety of its customers, Seats2Go LLC allowed food to accumulate under the table so that its employees could not mop around the area." Crumbs, drinks, and food scraps create a mess in your brain just writing about what might occur. As a bar employee, regular duties to maintain cleanliness may include: A routine cleaning schedule should be developed and followed. For example, an employee could document that he or she mopped the same bar floor as yesterday or swept a bar, booth, or floor in a dining area in the same fashion as other shifts. It can also be beneficial for the employee to notify his or her manager if he or she notices another employee has not completed the assigned duties to ensure corrective action can be taken. You may be the employee who just cleaned the bathroom and heard the bar’s customers discuss that they saw a male customer with a broomstick protruding from his backside. Nothing would be worse than being blamed for someone else’s mess. "A woman [customer] found what appeared to be feces smeared on a stall partition following a visit to the bathroom after having one of the ‘sick drinks.’ " Documentation is key. Make your manager aware of any reports of potentially inappropriate activity. Leave it to management to investigate and determine if any action should be taken against an employee. Ideally, witnesses of the incident should also be documented. For instance, each witness should provide a statement of what he or she personally observed that was inappropriate for the bar. Bar maintenance duties are a must for all servers and bartenders. You may try to politely inquire as to why the person is spending unusual amounts of time in the bathroom, such as attempting to drink an alcoholic beverage there, and then vomits immediately afterward when the restaurant is not busy when you asked about the person. "The [Bartender] was discovered sitting on a bathroom sink with an open bottle of ice water and appeared to be drinking from the bottle while standing near the commode." Using your phone is widely viewed as inappropriate during work hours. . .that applies double for bartenders and bartenders. "Employees are not allowed to bring their cell phones into the bar, kitchen, basement, etc." A bar is a social place. . .that people want to take pictures of their drinks or with an employee. "Customers are not permitted to take photographs inside the premises. Careful monitoring by staff will be required in the event a customer attempts to take photographs inside the premises." Do you have a phone that you want to submit for HR review? Yes, we know the refrain is to look out for your fellow employees, but what does that mean exactly? Well, if you hear about a co-worker who may have issues, such as problematic drug or alcohol use, inform management. Now is not the time to be competitive. It does not matter how many customers like your hair on Instagram. "The [Bartender] drank a shot of Bacardi Rum every time an ice bin was filled, and stated that he was an alcoholic who did not consume alcohol at work." Keeping a bar clean is necessary and not negotiable. Regularly inspect the tables and carpets for any leftover food that customers may have left behind. It is inevitable that something will be spilled by a customer or employee and will need to be cleaned up immediately to avoid injury to someone else. Even if he or she is an employee, it is better to hold them responsible for his or her actions than to blame the entire establishment. "[The Bartender] failed to maintain a clean work area, in accordance with Section 7-002.04-430.004(A-B) of the Pennsylvania Liquor Code."
Emergency Protocols in a Bar
Employees should be aware of procedures in case of an emergency at the premises. Generally, the procedures will be specific to the place of employment. In an emergency situation, the safety and welfare of oneself and all guests is paramount. As such, commit to memory these procedures to ensure the safety and welfare of yourself and your fellow workers.
Fire
If you discover a fire or hear the fire alarm:
First and most importantly, stay calm. Remember that most of the time a fire alarm occurs there is no fire. Do not rush around trying to find the fire. Instead, immediately notify someone in charge of the emergency. Depending on state law, employees may be legally required to call the fire department even if the alarm is false.
Then and equally as importantly, never try to extinguish the fire unless you have been trained specifically take such action. To assist at a fire, employees will have been trained in evacuation procedures and/or proper procedures for operating a fire extinguisher.
First Aid
As a bartender/server you are likely to be the first person that arrives on the scene of an incident requiring first aid. It is therefore very important to know what to do and how to get help quickly. Many employers have strict rules about who can administer first aid – usually only those who are qualified to administer first aid. In addition, even if you are not a qualified first aider you may still have a duty to ensure adequate first aid arrangements are in place , including calling an ambulance in the event an employee is hurt at work.
Dealing with unruly patrons
Know how to deescalate or diffuse a potentially violent or difficult situation with an unruly customer. Most state laws will require you to act to protect other guests, patrons and employees from violent or aggressive customers. In most states the Occupational Safety & Health Administration or OSHA states that "employer responsibility applies to … those incidents that could occur away from the premises but often involve customers of the business, including incidents such as fights that extend outside the business premises."
The following tips may defuse or de-escalate a potentially violent or difficult situation:
Difficult people come in all shapes and sizes. Sometimes the biggest and strongest will behave badly, while at other times, the smallest and meekest among us will be the most difficult to deal with. Most of the time at bars the person you are dealing with is drunk and they are behaving badly. They have had a lot to drink, their inhibitions are gone, and they are now yelling, screaming, threatening you or other guests, or your property.
Make sure you have a plan in place to deal with difficult people. Most businesses will have procedures in place to identify, assess and respond to security risks. Check to see what procedures your employer has in place to deal with difficult people. If you do not see anything in writing, ask your manager what your employer has in place to keep you safe.