The Shady Bartender Move That's Actually Illegal

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The world of bartending can feel like a freewheeling, anything-goes one. Bartenders serve a variety of intoxicating options while relying financially on tips from satisfied (or inebriated) customers. The reality is, there are common and critical rules that shape the industry nearly everywhere you go. Among them is a law that prohibits a sometimes-nefarious, hard-to-detect bartending practice known as "marrying" bottles.

In the simplest terms, marrying occurs anytime anything external is poured into a liquor bottle used for making drinks for the public in a bar or restaurant. This can occur in a variety of forms. The most innocuous (yet still prohibited) version occurs when multiple open bottles of the same spirit are combined for space-saving or other reasons. Even this relatively innocent version of the practice is illegal under federal law and in all jurisdictions around the country. The reason for this legislation is to prevent the spread of potential contaminants and maintain an accurate account of what's in each bottle, should a recall or other public safety issue occur.

Other forms of marrying can be done with an eye toward defrauding unsuspecting patrons who are simply trying to enjoy a martini, or any other classic cocktail. Watering down liquor in its original bottle or refilling an empty bottle of one brand with an alternative (typically cheaper) spirit that's similar in appearance is also considered marrying, and it's another main motivator for upholding the illegality of this shady bartender move. 

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Although customer complaints to regulators are the primary way these practices are discovered, states and local liquor control boards can also use trained inspectors to spot evidence of marrying, such as overfilled bottles. However, even ordinary customers can spot some tell-tale signs behind the bar, such as bottles with worn labels, indicating they've been in use for a long time. 

Marrying laws aren't the only strict rules that bartenders and mixologists must follow in the service of protecting patrons. In many areas, so-called "dram shop laws" hold bartenders and establishments liable for over-serving patrons, providing extra incentive for workers to ensure customers don't get too drunk. This is among the reasons why asking your bartender for a drink made "extra strong" is actually breaking bar etiquette, as they're on the hook legally if you have too much. In an effort to enforce these bartending rules, many states also prohibit bartenders from drinking on the job, so they can keep a clear head and their wits about them in this busy job. 

There are many signs that make it easy to spot when your bartender is terrible (being glued to their phone is one such offense), yet few rise to the level of marrying bottles. Seeing it happen, whether done out of ignorance or malice, is a sure indicator that the law is being broken, making it worth closing your tab and heading elsewhere.