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Carter Ward
Carter Ward

Buying Alcohol With Someone Under 21

So some background information on this, on my 21st birthday I went to Sam's club with some friends to buy alcohol for my birthday party, I heard from other people that they would deny sale if not everyone in your party at checkout is over 21, so to avoid that hassle I had my friends just walk right past the checkout line and I purchased it by myself.

buying alcohol with someone under 21

Yesterday afternoon I went to a Sam's Club near my place with one of my roommates (she is 20 years old). We were doing some apartment shopping for groceries and misc things for our place, and on the way out I was asked by my parents over the phone to pick up a few bottles of wine for dinner that night. Not thinking to much about it I grabbed a few bottles and threw it in my cart that was piled high with items. Once we shopped for everything on the list, we went to checkout, piled everything on the conveyor belt and had the sales associate scan it all. While I was standing there with my membership card and credit card and my roommate was loading stuff back into the cart, the associate got to the wine bottles and asked for the ID's of both myself AND my roommate for the sale of the alcohol. I argued saying that I was buying the alcohol for personal use not to give to the minor, and she called over her manager who confirmed what she said. That they have to ID everyone at the checkout lane and ensure that they are all over 21. Clearly my roommate couldn't meet that so they took the wine out and we continued our purchase.

Over this past weekend, I went to a Ralph's with my girlfriend (20 years old and she wasn't going to drink) and purchased some beer and mike's hard lemonade. We had a few other things to pick up so she carried one of 24 packs of alcohol to the register while I carried the rest. She went in first, and set the alcohol down and gave it the cashier to scan, and walked right on past to pick it up at the other end. I dropped off my stuff and after that they asked for my ID (which I gave without an issue) and I paid for it all and left. No hassle, no extra questions, nothing else.

I am under the assumption that stores "reserve the right to refuse service to anyone", but how does the denial of sale of alcohol work? Is this Sam's Club policy? Is it a California law? Is it a city/county law?

(a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.

(b) Except as provided in Section 25667 or 25668, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.

(c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under 21 years of age, and the person under 21 years of age thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

Part of the problem is you never know who's going to swipe their card in the end. Also, if you see money being exchanged between the two you have to assume it's a community buy, which in this case involves someone who is under age.

I had 4 women buying stuff, including a case of beer. One woman is 50+, the other three look young, one of which is pregnant. I ask for everyone's ID. The 50+ flashes hers. I explain I need everyone's ID. The rest comply except for the pregnant girl. It finally comes out the girl is only 17 years old. I deny the sale, which upsets the 50+ woman a lot and she demands a manager. My manager comes over and backs me up - we're not selling the alcohol to them.

You NEVER know who's going to pay in the end. I wish the state would include a group ID statement and spare us cashiers in retail the aggravation of having to constantly deal with these combative alcoholics on our own.

Under Massachusetts law it is illegal sell or deliver alcohol to someone under 21. There are additional prohibitions on obtaining alcohol in a bar, restaurant, or store with the intention of providing it to someone under 21. The punishment for violation of this law is a fine of no more than $2,000, imprisonment for no more than one year, or both.

In addition to the criminal sanctions for selling alcohol to a minor, establishments with liquor licenses may face sanctions from the licensing authority, including requiring the establishment to increase its liquor liability insurance.

A: No, a liquor license is ALWAYS required when selling alcoholic beverages. Please note, a private function is an event where attendance is by invitation only, the host controls access to the premises, and alcoholic beverages are provided to invited guests at NO CHARGE. In other words, a wedding would qualify under this exception as long as the liquor being served is not sold to the wedding guests.

It is a Class 2 misdemeanor for any person under the age of twenty-one to purchase, attempt to purchase, possess or consume alcoholic beverages. It is also a Class 2 misdemeanor for anyone under the age of 21 to misrepresent their age any document to purchase or attempt to purchase alcoholic beverages from any business licensed to sell alcohol beverages. SDCL 35-9-2

Sometimes young people identify themselves using a fake ID. If the ID cannot easily be recognised as fake without further investigation, then an alcohol seller will not be held accountable for accepting it. But if the ID is clearly a fake (for instance a copy with another photo pasted over the original photo), then the seller can be held accountable and may be fined. Whatever the case, a young person using a fake ID is always criminally liable for committing identity fraud.

Anyone under 18 may only enter an off-licence if they are accompanied by someone aged 21 or older. Otherwise off-licences must deny entry to young people under 18. Young people must always be able to show valid ID at the checkout. Off-licences may not sell alcohol to anyone under 18. However, a child or teenager who is in an off-licence accompanied by an adult may pay for soft drinks.

In California, it is a misdemeanor offense to sell or furnish alcohol to a minor (someone under the state legal drinking age of 21). Penalties typically include $250 to $1000 in fines and 24 to 32 hours of community service.

Selling or giving alcohol to a minor carries a $1,000 fine and at least 24 hours of community service. But if the minor consumes the alcohol and then causes great bodily injury or death to him/herself or someone else, the defendant faces a $1,000 fine and/or six months to one year in jail.15

Along these same lines, when parents or legal guardians knowingly allow their child and/or another child who is under 18 years old to consume an alcoholic beverage or controlled substance in their home, they face a misdemeanor punishable by up to one year in the county jail and a maximum $1,000 fine if:

People convicted of being under 21 when they either (1) purchased an alcoholic beverage, or (2) consumed an alcoholic beverage in a place where alcohol is sold, must pay a $250 fine and/or perform 24 to 32 hours of community service. And a second or subsequent violation carries up to $500 in fines and/or 36 to 48 hours of community service.18

What alcohol products must be bagged when they are sold? There are no Michigan Laws or Administrative Rules regarding products being bagged. The habit of bagging most likely stems from sellers wanting to contain the glass shards if a bottle was dropped and broken. Check with the local police departments regarding possible local ordinances that require alcohol to be bagged.

Must minors be out of my bar/restaurant by 9pm?Not necessarily, MCL 750.141, Section 141 of the Michigan Penal code states that a minor child under 17 years of age shall not be permitted to remain in a dance hall, saloon, barroom or any place where spirituous or intoxicating liquor, wine or beer sold unless accompanied by a parent or guardian. The section does not prevent the township, city or village from establishing more stringent regulations. Also, some establishments have made it their own policy to ask minors to leave in the late evening however it is not a rule of the Michigan Liquor Control Commission. Check with your local police department regarding possible local ordinances that address this issue.

Does someone need, or can they get, a temporary liquor license for a private affair at a banquet hall?The only type of temporary licenses available are for bona fide non-profit organizations such as Veterans of Foreign Wars, Knights of Columbus, etc.. Normally, if someone is having a function at a banquet hall such as a wedding reception and the host and/or guests are supplying the food and alcoholic beverages and there are no charges of any kind including any entry fee or donation, no type of liquor license is available or required. However, it is recommended that those who contemplate such an activity contact the local law enforcement agency or prosecutor's office for any additional information, since they have jurisdiction in such matters.

What constitutes a valid identification when I make a sale of alcoholic liquor?The law requires that someone making the sale of alcoholic beverages to a customer to make a "diligent inquiry" as to that persons age. MCL 436.1701, Section 701 (11) (b) of the Michigan Liquor Control Code states "Diligent inquiry means a diligent good faith effort to determine the age of the person, which includes at least an examination of an official Michigan operator's or chauffeur's license, an official Michigan personal identification card, a military identification card, or any other bona fide picture identification which establishes the identity and age of the person." It should be emphasized that the ultimate responsibility rests with the seller. If you are not convinced that the buyer is 21 or over, do not make the sale. 041b061a72


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