I’m getting a kick watching budwad speak of himself in the third person.
From texas
TABC 106.06
a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence 1 makes available an alcoholic beverage to a minor.
Criminal negligence has been interepreted to include where a retailer sells alcohol to an adult knowing or in a position of should know it was on behalf of the minor.
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11-24-2018, 01:10 PMjkRe: Scenario
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11-24-2018, 02:28 PMDAWWRe: Scenario
Assuming this is a real question, which ever way the store manager decides to go, put up signs explaining the policy. And follow the policy to the letter. If you treat Jan one way and Dean a different way, one of them has grounds for suing you. If the policy is unevenly enforced, someone will see a pattern even if none exists.
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11-24-2018, 02:54 PMjkRe: ScenarioActually, unless the different treatment is based on a legally protected class, no, nobody has a viable cause of action.Quote:
Quoting DAWW
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11-24-2018, 06:17 PMllworkingRe: ScenarioI felt that everyone else had addressed the law. That the law said that he had to refuse to sell to the person if he believed that the person was going to pass the alcohol on to a minor. He pretty clearly stated that he had no reason to believe that the person was going to pass the alcohol on to the sister, therefore I felt that it was more an issue of company policy at that point.Quote:
Quoting cbg
I will give a an example of my thoughts. I think that everyone is in agreement that someone can refuse to sell to someone, even just on general principles, if they are accompanied by a minor. This OP wants to refuse to sell to someone in just that scenario, even though he has no reason to believe (by his own words) that the alcohol is going to be passed on to a minor.
If I owned the establishment in question, and minors were allowed by state law to enter the establishment (they are not allowed to enter a liquor store or bar in my state) and I had a employee who refused to sell to them for no other reason than they lawfully entered with a minor, then I would NOT be pleased with my employee and would likely fire them or insist on retraining.
That is why I suggested that he talk to his employer. -
11-24-2018, 07:27 PMcbgRe: Scenario
Okay, fair enough.
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11-25-2018, 05:56 AMbudwadRe: ScenarioQuote:
Quoting jk
Nice try JK and a bit disingenuous. You left out some important parts of the code.
Quote:
Texas Alcoholic Beverage Code - ALCO BEV § 106.06. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor
(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence 1 makes available an alcoholic beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is:
(1) the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and is visibly present when the minor possesses or consumes the alcoholic beverage; or
(2) a person lawfully providing an alcoholic beverage to a minor under Section 106.16 .
(c) An offense under this section is a Class A misdemeanor.
Interpreted by whom, you? Since you chose TX law that expressly permits (under certain circumstances) an adult to buy and give alcohol to a minor, show me the common law that says that in the context of the OP.Quote:
Quoting jk
Texas Alcoholic Beverage Code - ALCO BEV § 106.03. Sale to Minors
Even this section of the TX ABC says that a sale to a minor is not criminal if the vender is given false ID.
(Quote:
a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor.
(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.
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11-25-2018, 05:59 AMDAWWRe: ScenarioEveryone is a member of several legally protected classes, and everyone can claim that that the discriminatory action was based on their protected class. The store can claim otherwise, but claiming is not the same thing as proving. Why leave that particular door open? If there is no discrimination, then there can be no claim of illegal discrimination.Quote:
Quoting jk
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11-25-2018, 06:06 AMTaxing MattersRe: ScenarioCertainly the seller should not discriminate on any basis that is prohibited by law. Whether there is a sign up or not, the seller ought to ensure that no illegal discrimination takes place. The easiest way to do that is to ensure that whatever policy the store has, it is consistent with the law and uniformly followed.Quote:
Quoting DAWW
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11-25-2018, 06:52 AMjkRe: Scenariounless the discriminate action is provably based on the protected class, no valid suitQuote:
Quoting DAWW
You haven’t changed anything. You pointed out a few exceptions but since you wanted a law where a retailer selling to an adult who the retailer believes or should have a reasonable belief it is for the minor is a crime. I provided that for youQuote:
Quoting budwad
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11-25-2018, 09:07 AMbudwadRe: Scenario
You have provided no such thing. The seller is not criminally libel as you assert. But I find it amusing how you keep trying to twist the law to bluster your opinion that is clearly not supported in law. Keep digging that hole.