- Bartender 1: Female, 5’4”, Caucasian, in her thirties, with a medium build and long, straight blond hair. She wore jeans and a baggy blue hooded sweatshirt.
- Bartender 2: Male, 5’7”, Caucasian, in his early twenties, with an average build and shaggy brown hair worn under a knit cap. He wore a tee shirt. The receipt he provided at the end of the visit gave his name as Xxxxx; patrons referred to him as Xxxxx.
- Barback (?): Male, 5’7”, Caucasian, in his twenties, with tattoos and spacers of approximately 5/8”-gauge in his ears. The agent could not determine whether he was an on-duty employee, off-duty employee, or just a friend of the staff.
The agent and his associate approached the bar after first being seated at a table for more than five minutes and not being acknowledged. They observed Xxxxx moving out from behind the bar to quickly greet another group of patrons seated at a nearby table, shortly after the group arrived.
Bartender 1 was behind the bar when the agent and his associate arrived. Upon approaching the bar, Xxxxx greeted the agent and his associate within several minutes. He gave a brief hello and offered to get them something to drink. He took one order at a time and immediately filled it, delivering each item atop a cocktail napkin. He did not discuss payment or a tab and did not introduce himself. He also did not mention food until several minutes later when he delivered several menus, “In case you guys are hungry.” He did not mention any specials or make any recommendations.
Xxxxx appeared to ring in the round immediately. He did not place a printed tab in front of the agent.
Neither bartender followed up over the next twenty-plus minutes. Bartender 1 did not even acknowledge the agent or his associate, despite passing in front of them multiple times. Only after the agent summoned her did Bartender 1 ask if she could get them something.
Bartender 1 accepted the food order and offered upsell options, writing the order down on a cocktail napkin. She gave no predrops of napkins, plates, or condiments.
The appetizers arrived first, after approximately fifteen minutes. Xxxxx delivered napkins, silverware, and a mismatched set of salt and pepper shakers after delivering the appetizer. He stated the entrees would follow quickly.
Neither bartender followed up to check on the appetizers. The entrees were delivered ten minutes later.
The agent believes Barback was an off-duty employee. Several times, he returned stacks of dirty glassware to the bar, joking that he was barbacking. He spent a lot of the visit standing at the end of the bar, drinking and talking with the bartenders.
Xxxxx prepared most of the items for the service bar, as he went out from behind the bar to wait on guests. The agent could not verify whether all items were accounted, as Xxxxx often served multiple groups before moving to the register to ring in items, and did not print out tabs when updating.
Agent stresses to management that this is a very dangerous bartending practice that should be addressed immediately.
Xxxxx used a free-pour technique. His single-liquor cocktails were typically over poured at two ounces. This exceeds the amount designated by management. It also is too strong of a pour and endangers guests and ownership.
Neither bartender gave the agent and his associate much attention. They, as well as other bar guests, often sat with near-empty and empty glasses for five or ten minutes before Xxxxx came by to offer an additional round. It was rather disconcerting to watch how seemingly disinterested they were.
Both bartenders kept up with washing and restocking glassware.
Bartender 1 did not interact further with the agent and his associate, and it soon became clear she was trying to leave for the evening. At 6:52pm, she appeared to be reconciling the drawer from a report generated by the register.
She took $80 in twenties from the till and put it in the tip jar.
While in the midst of dealing with the report, at 6:54pm, Bartender 1 poured a whopping and illegal four-ounce shot of black label Captain Morgan and delivered it to a patron at the end of the bar closest to the entrance.
TITLE 4, CHAPTER 3
4-244. Unlawful acts
23. For an on-sale retailer or employee to conduct drinking contests, to sell or deliver to a person an unlimited number of spirituous liquor beverages during any set period of time for a fixed price, to deliver more than thirty-two ounces of beer, one liter of wine or four ounces of distilled spirits in any spirituous liquor drink to one person at one time for that person's consumption or to advertise any practice prohibited by this paragraph.
She accepted what appeared to be a five dollar bill and a one dollar bill and placed it to the right of the drawer; she did not ring in anything. The cash remained there for at least five minutes. The agent observed Bartender 1 ultimately put the cash in the tip jar.
Bartender 1 did a lot of cash exchanging and handling of the drawer, most of which the agent could not substantiate. He thought it odd, however, that it appeared her accounting and that of Xxxxx’s was mixed in the same drawer. For a shift change, it is typically cleaner and more difficult to mask theft if shifts keep separate tills. This behavior was highly suspicious.
When finished, Bartender 1 dumped the contents of the tip jar into her purse, which stood open on the back bar, to the left and a short distance from the register.
Bartender 1 then stood at the end of the bar for a time, rolling silverware and chatting with Barback. Xxxxx was then solo behind the bar.
Two female patrons were at the bar and appeared to be friends of Xxxxx’s. From conversation overheard, they were bartenders, possibly at a nearby establishment named Milagros. Xxxxx prepared huge shots for them that filled highball glasses; one round was delivered at 6:55pm. He did not ring in the round.
Xxxxx gave them another round of colossal shots at 7:31pm; again, he did not ring them in.
Xxxxx chatted with them extensively and nearly completely ignored the rest of the bar guests. The agent and his associate intended on ordering dessert, but gave up after twenty minutes, it becoming obvious that Xxxxx had no intention on serving them further. He never removed their plates and did not offer boxes. It was pitiful service.
Around 7:45pm Xxxxx took one of the shots delivered to the bartenders, as they had yet to drink it, and mixed the contents with additional alcohol to create two new shots—also huge—which were also not rung in.
A male friend of the two patrons entered shortly before 8pm. At 7:54pm, Xxxxx prepared a large whisky bomber for the patron and did not ring it in or accept payment.
When the female patrons and their friend departed, they left one twenty-dollar bill and two tens for the tab that Xxxxx had provided them. The agent was not able to see the total on the tab, but is certain the group was not charged for most of their items; also, the receipt was less than five inches long—not enough to have printed out many items. The pair each had at least one food order—both appeared to have the bruschetta from the special menu—and they took a food order to go, as well. The agent suspects they were charged only for their food.
When the agent requested his tab, Xxxxx quickly processed the payment and returned the itemization with the agent’s credit card and two credit slips, in a check presenter with a pen.
He did not require identification for the agent’s unsigned card.
Xxxxx placed the check presenter in front of the agent without saying anything and walked away.
Xxxxx did not acknowledge the agent or his associate when they departed and never thanked them.
Michael Zenner - CEO
Eye Spy Spotter Services Inc.
Hospitality Checkpoint PLLC
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