· Bar 1: Named Xxxxx, xxxxxxxxxxx male, athletic build, approximately 6’0”, with short black hair, wearing a black Xxxxx T-Shirt, and grey shorts. Later in the evening these pants were changed to white and blue striped xxxxxxxxxx.
· Bar 2: xxxxxxxxxxxxx female, thin build, approximately 5’6 with long, straight xxxxx hair, wearing a pink tank top, black shorts, and axxxxxxxxxxxxxxxxxx .
· Bar 3: xxxxxxxxxx female, thin build, approximately 5’3, with long xxxx hair, wearing a white, button up shirt, with three-quarter length sleeves, a pink crop-top underneath, and jean shorts.
· Bar 4: xxxxxxxxxx male, medium build, approximately 6’0, with dark hair and a xxxxxxxx, wearing an Xxxxx T-Shirt, and jeans.
· Bar 5: xxxxxxxxxx male, thin build, approximately 6’2, with xxxxxxx hair, xxxxxxxxxxx, wearing a black Xxxxx tank top, and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
The agent and associate approached the bar and were immediately greeted by Bartender 1, Xxxxx, whose name was overheard rather than provided by introduction. Xxxxx was the only bartender on shift at that time. Xxxxx leaned onto the bar and asked the agent and associate what they wanted to drink while scooping up a handful of ice from the ice bin in front of him, shaking all but one piece of ice out of his hand, and placing the ice in his mouth. The agent and associate asked for a minute to think and Xxxxx rudely turned his back without any recognition or smile.
This is a 2-part AZ Health Code issue, as first Xxxxx placed his bare hands into the sanitized ice, and then touched his mouth with his hands and the product and then put his hands back into the ice bin without washing.
Xxxxx spoke to one of the customers sitting at the bar, eating a few more pieces of ice while talking to the patron, and then proceeded to stand in front of the register texting on his phone. The agent and associate waited three minutes while Xxxxx was texting, at no point did he stop and look around at his customers to see if service was needed, and finally turned around saying “sorry about that. Do you know what you want yet?” The agent and associate placed a drink order (see food and beverage summary for details).
Xxxxx placed beverage napkins in front of the agent and associate and quickly served the beverages. Xxxxx asked if the agent and associate would like to pay cash, a credit card was provided to start a tab, which Xxxxx swiped into the POS system after placing the drinks into the system, and placed the credit card into a box of cards.
Xxxxx never asked for proper identification. Agent's associate is well under the age of 30. This is a dram shop liquor liability issue that should be addressed by management.
At no point did Xxxxx attempt to strike up a conversation with the agent or associate and only asked if an additional drink was desired once throughout the entire evaluation.
He was noted to continuously grab fistfuls of ice from the ice bins, dropping all but one chip of ice back into the bin, and eating the single remaining chip while talking to customers. Xxxxx was also observed using his bare hands, instead of tongs, to place and squeeze fruit and garnish into drinks, as well as use a dirty mixing tin to scoop ice into clean glassware, if he was not scooping the glassware directly into the ice bin. Xxxxx was also noted to be frequently texting behind the bar throughout the evaluation.
Bartender 2 arrived behind the bar at approximately 9:54 pm. She greeted various customers, showing off the teddy bear tied to her back and explaining to various customers that they were having a pajama party. Bartender 2 was not observed texting behind the bar, nor having any integrity issues, but was stationed on the opposite side of the bar from where the agent and associate were sitting.
Bartender 3 arrived at approximately 10:07 pm, smiling to customers as she entered behind the bar. Based on overheard conversations it became apparent that Bartender 3 was a customer or mutual friend of many patrons and was training to bartend at the establishment as a new hire. Throughout the evaluation she was also polite and friendly with customers, but was minimally observed as she was being trained by Bartender 2 and stayed with her on the opposite side of the bar.
Bartender 4 arrived at approximately 10:10 pm, immediately checking in and chatting with the first three bartenders as well as the bar-back.
At 10:20pm he was noted to make a phone call behind the bar, which lasted approximately two minutes. After the call he scanned the bar and began serving and associating with patrons.
Bartender 5 arrived shortly after Bartender 4, at approximately 10:17 pm. Bartender 5 also checked in and chatted with the other staff members briefly, then waved and greeted many of the patrons who, at this point, were filling the bar.
When the agent and associate were ready to close the tab it took approximately ten minutes to catch the attention of one of the bartenders, all of whom were extremely busy by this time serving the high volume of customers.
Bartender 4 noticed the agent and associate’s need of service and yelled over the music “how can I help you”. The agent gestured a desire to close their tab. Bartender yelled again over the music inquiring about the last name on the tab, which the agent provided. The tab was provided in a clean check presenter, signed, and returned.
Due to having multiple drinks spilled on the agent and associate, the remainder of the evaluation was completed away from the bar-top and in the crowd.
Multiple left issues were observed during this evaluation:
At 10:27 pm Xxxxx was observed ducking his head into the corner of the bar and quickly drinking a mixed shot through a straw. He stood, scrunching his face in response to the strength of the liquor in the drink, emptied the remaining ice and straw into the trash, and continued to work.
TITLE 4, CHAPTER 3
4-244. Unlawful acts
12. For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.
The alcohol also was not registered into the POS or any comp/spill sheet; therefore, Agent scores this as an integrity/theft issue. Consuming alcohol while on duty is also a dram shop liquor liability issue. Should an unfortunate incident happen, or an act of violence occur that results in litigation, Xxxxx's impairment can cause disastrous results for the owners.
At 10:30 pm Xxxxx was observed serving three shots of rumplemintz poured into rocks glasses without a jigger and as 1.5 ounce shots and then served the shots to three gentlemen by the service well without charging for the shots or placing them on a comp tab in the POS system.
At 10:37 Xxxxx was observed making 15 mixed drink shots, initially mixed in two separate mixing tins and distributed into 15 rocks glasses, then stacked the glasses in three piles and handed them over the bar to a gentlemen with guests sitting at one of the booths. Xxxxx did not charge for the shots, nor put the shots into the POS system, but did take money from the gentlemen and agent observed him to put it directly into the tip cup.
At 10:39 Bartender 5 was observed making 6 shots, initially mixed in a mixing tin and poured evenly into rocks glasses, and handing them to a one girl over the bar without charging her or putting the drinks into the POS system at all. This patron proceeded to carry the shots to the patio to serve to her friends.
This is also an ADLLC Violation.
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.
At 10:46 Xxxxx was observed pouring 2 Don Julio shots without a jigger, as 1.5 ounce shots, and serving them to a patron who was previously served free drinks from the bar-back (see bar-back summary for details). These drinks were not charged for nor entered into the POS system.
There was an additional integrity issue observed regarding the reputation of the bar rather than the staff:
In the beginning of the evaluation there were two female patrons sitting at the corner of the bar next to the agent and associate. Each were initially dressed in regular clothes, however, as the bartenders changed in order to wear pajama party attire, one of the two patrons changed in the bathroom into a see-through, lace, tight, short dress, and extremely tall heels. This change was previously known and strongly encouraged by all of the staff, clearing pointing out that it had been planned and discussed with the staff prior to the shift. This patron sat at the bar in this outfit as well as a sports hat continuing to drink and dance to the music by waving her hands around her and aggressively nodding her head and body to the music.
Later in the evening, when the servers came out with liquor bottles to free-pour into the patrons’ mouths, this patron was helped onto the bar by the bar-back and began aggressively dancing on the bar. As she bounced up and down on the bar, continuing to wave her hands and arms around, her skirt continuously rode up her legs and above her rear end, exposing her rear as well as her purple thong. Her see-through dress also obviously exposed her breasts and nipples to the crowd which is against the law.
This patron stayed on the bar, dancing, leaning down and dancing in front of and accepting tips from customers, and sexually and provocatively grinding up against a staff member dressed in a bear costume who was also on the bar.
TITLE 19, CHAPTER 1
R19-1-214. Sex Acts Prohibited, Real or Simulated
No licensee shall permit, on the licensed premises, any person to perform acts of or acts which constitute or simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;
2. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals;
3. The displaying of any portion of the areola of the female breast, or any portion of his or her pubic hair, anus, vulva, or genitals; or
To those patrons appearing concerned that the girl was going to knock over their drinks, and would move their drinks for her, she would lean over and yell “don’t worry. I am a professional!”
Although some customers were initially entertained by this, most customers quickly shifted from smiling and laughing to shaking their heads at the spectacle on the bar. On more than one occasion the patron danced in front of a group of girls, or guys, sitting at the bar, who proceeded to leave their seats and spots and move to a different section of the establishment to get away from the girl.
This was a behavior that appeared to be seen as distasteful and inappropriate by more than one patron as well as the agent and associate. The agent feels that it is also important to note that a patron dancing on the bar, especially in that attire and platform heels, is an extreme safety as well as health and liability risk.
Michael Zenner - CEO
Eye Spy Spotter Services Inc.
PO BOX 995 Gilbert AZ 85299
Toll Free: 800-880-0811
© Eye Spy Spotter Services Inc. 2012