Hot answers tagged

91

It is legal, at least in the US, for a store (or other entity) to refuse to sell any item to any individual for any non-prohibited reason (prohibited reasons are typically things like race or religion). More over, in various US jurisdictions, it is prohibited to "furnish" alcohol to a "minor" (for example, under California's ABC law), which can be ...


67

new-york-state No. New York's DUI law forbids the operation of a motor vehicle when your "ability to operate such motor vehicle is impaired by the consumption of alcohol", but it defines "motor vehicle" to exclude "electrically-driven mobility assistance devices operated or driven by a person with a disability." If you are using ...


48

You go into a store, pick up an item, go to the counter and you think you are legally entitled to own the item provided that you pay for it? Wrong. Wrong for any item, not just alcohol. Items that are on the shelves in stores are not offers in terms of contract law. They are invitations to treat/bargain. When you take an item to the counter it is you who ...


23

The answers here are already correct, but wanted to make a quick comment over this Even when I left the store to wait in the car they made him check out at a different register. It is of course completely silly that this is required, but from what I was told when I worked at a liquor store this was needed. The idea is by checking out at a different ...


19

england-and-wales NO The drink related offences are at sections 4 to 5A of the Road Traffic Act 1988 and all require a person to be driving a mechanically propelled vehicle. However... an invalid carriage is expressly excluded by virtue of section 185(1)(c) of that Act and section 20(1)(b) of the Chronically Sick and Disabled Persons Act 1970: ...if the ...


12

You're forgetting city and county health codes, business permits, zoning regulations, fire and occupation regulations, business and property insurance, labor laws, etc. These can differ between the city and the county, and depending on if you own or lease the building. Best thing to do is start with your city/county business permit office; they can provide ...


11

When is a drink classed as alcohol in the UK? In england-and-wales alcohol, which requires a license to sell etc, is defined by s.191 of the Licensing Act 2003: 191 Meaning of “alcohol" (1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor (in any state), but does not include— (a) alcohol ...


11

finland Yes, if you endanger others In Finland, the traffic law (Finnish text) defines users of mobility assisting devices as pedestrians. However, the criminal code (Finnish, or out-dated English translation), chapter 23, section 9, defines a crime called "Non-motor powered traffic intoxication": A road user who operates a non-motor powered ...


10

sweden Probably not in Sweden. The transport agency says that Trafikregler för rullstolsburna Trafikreglerna för gående gäller or in English Traffic rules for wheelchairs The traffic rules for pedestrians apply


9

According to German law (Jugendschutzgesetz), §9: Minors 14 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, when accompanied by a Custodial Person, Minors 16 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, without accompaniment, and Adults (18 and older) may drink distilled ...


9

new-south-wales Yes A wheelchair is a vehicle under the definition in the Road Traffic Act. Further, an electric wheelchair is a motor vehicle. It is illegal to operate either while over the legal limit for alcohol or other drugs. The penalties are higher for a motor vehicle. Police only have the right to administer a random breath test if you are driving a ...


8

Is there anything I can do so that the authorities investigate and revoke his privilege of driving a car? Yes. Next time he drinks and gets behind the wheel, call the police and tell them that you are witnessing an intoxicated person about to drive. If the police witness him behind the wheel while intoxicated, he'll be issued a DUI, perhaps face jail time, ...


8

It is illegal to sell alcohol to a minor in Washington (RCW 66.44.270). The seller can get into various kinds of trouble, including losing their license, under liquor board regulations. However, as long as the establishment follows the rules for acceptable ID, they escape liability if in fact they sell alcohol to a minor: the license holder is legally ...


7

This would probably not be a drunk driving offense. Under the UK "drunk in charge of a motor vehicle" law: How is “in charge” defined? There is no definition of “in charge” and the courts have been keen to avoid an all-embracing test. In determining if a person is in charge the court will consider: Whether he was in the vehicle, if so ...


6

Well, moral obligations are not laws, nor sometimes even moral obligations. Some laws are based on what some courts and legislatures think are moral obligations. We think cannibals have a moral obligation not to eat people; cannibals think non-cannibals are fools for passing up a good BBQ. As for a leader's moral responsibility for millions of lives, we can ...


6

The area is "closed" (not open), or "restricted" to alcohol consumption. Here is a memo reminding of alcohol restrictions, noting 36 CFR 2.35 which states that The superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages and/or to the possession of a ...


6

Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own informal digging/quasi-due diligence which is the motivation for this question. The microbrewery would produce and sell its own beer and food. It would also ...


5

Firstly, this is actually a really good question - The Australian Constitution grants few explicit protections or rights to people, and it does not protect you from discrimination on the basis of age. In any case, you'll find that it is not a violation of the Age Discrimination Act 2004 (Cth) - see s39. This makes an exemption, amongst others, to the Act ...


5

With forms AT-108 and AT-900 the license may be transferred to the personal representative and then the entire stock can be liquidated to any other license holding establishment. Licenses may be transferred by completion of Form AT-108, at no charge during the license year from one person to a court-appointed receiver as a result of foreclosure or ...


5

israel YES In Israel an electric wheelchair has a special definition and it's called "Kalno-it" (a combination of eay and move in Hebrew) and those are the rules saying among other thing (ב) לא ינהג אדם בקלנועית אלא אם כן מצבו הגופני והנפשי מאפשר לו להפעילה בבטחה. (B) A person shall not drive a Klano-it unless his physical and mental condition ...


5

brazil No traffic violation for being intoxicated, as it is not considered a vehicle Resolution 465/2013 of CONTRAN (National Traffic Council) defines on its 2nd paragraph that self-propelled mobility equipment are not considered equivalent to vehicles, allowing them to circulate in pedestrian and bicycle paths as long as they: Are made to certain set of ...


4

There is no legal theory of which I'm aware which would allow a host to confiscate a guest's property without consent and consideration. Even if the host intends to return the property and both parties know this, the host still can't keep it even temporarily after the owner demands its return. File a police report, press charges and sue for damages. Take ...


4

With respect to many questions of law minors are not people. Human rights vest as people age: there are any number of variations by jurisdiction, but you will see the following (often constitutional) rights granted at different ages: To own property To enter into contracts To work for pay To decline an education To consent to medical treatment To be secure ...


4

It is quite likely that a constitutional amendment was (and is) not needed to ban alcohol. For example, if the Controlled Substances Act is constitutional (and I have no reason to believe it isn't) then alcohol could be added to it tomorrow and it could be removed the day after tomorrow. Right there is the reason that you choose to use a constitutional ...


4

The criteria for refusing service in California is the patron being “obviously drunk”. 5 150ml mimosas is not a lot, even in an hour - it has approximately the same alcohol content as 2 425ml beers. I certainly wouldn’t be “obviously drunk” after that. Only 18 year olds and over can serve or act as bartenders for on-premises consumption. Whether someone ...


4

The fine would typically be around your monthly income. Legal basis: drunk driving per §316 StGB is punishable by up to one year in prison, but per §47 and §40 StGB short sentences are converted to a fine that depends on your daily net income (Tagessätze). There is likely no impact. Despite this being a crime, it will not appear in your criminal record that ...


4

Yes, that would be legal, indeed required According to the Michigan Dept of the Treasury: Individuals or businesses that sell tangible personal property to the final consumer are required to remit a 6% sales tax on the total price (including shipping and handling charges) of their taxable retail sales to the State of Michigan. Sales of electricity, natural ...


4

france NO The definition by the code de la route (road law) : 1° Le terme "véhicule à moteur" désigne tout véhicule terrestre pourvu d'un moteur de propulsion, y compris les trolleybus, et circulant sur route par ses moyens propres, à l'exception des véhicules qui se déplacent sur rails ; (1) The term "motor vehicle" means any land ...


3

They need only take " reasonable measures", which is fairly subjective sounding... I know... But it just means that it's a fact dependent analysis taking into consideration all of the facts that are readily available. So, for example, it would be a different burden if you had 10,000 people coming, vs 10. If you post a sign saying no alcohol allowed on ...


3

Arizona law operates in terms of "spirituous liquor", which is defined as containing more than 0.5% alcohol by volume. You'd have to send the cheese to a lab to determine the actual alcohol content, but it is likely that the product has less than the threshold amount of alcohol. It is not clear why vanilla extract is not classified as a spirituous liquor, ...


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