Friday, August 10, 2012

What type of ID can I use to buy alcohol?

On Apr 22, 7:40 am, "NotMe" <m...@privacy.net> wrote:
> My son went to a NC package store (visiting from out of state).  He is 37
> but does not look his age but is obviously over 21.
* * *
> The purchase is not an issue as I've addressed the problem by patronizing
> another store but an curious on the clerk's requirement of an in state DL
> and the refusing of  valid US pass port.

My guess is, either the clerk was new on the job and being extremely literal in interpreting what his boss had told him was required ("They have to show you a valid NC license" or such) or else the store had recently been burned by a law enforcement sting for failing to require proper ID and thus was being extra-careful (but still, IMO, technically without basis in law for their interpretation).

> Further just what grounds does the clerk have to refuse to sell to me who is
> obviously well over the age of consent and carry an instate license and US
> pass port?

"We reserve the right to refuse service to anyone at any time."   Unless the refusal is for an illegal discriminatory reason, i.e. because of your race, religion, national origin, gender, etc., no business is required by law to sell to every potential customer, even if they hold themselves out to the general public as merchants.  They can decline to accept your offer to enter into a sales contract with you, charge you a ridiculously high price, or insist on being paid in giant Yap Island stone coins or in wampum as a condition of sale.   Obviously, they can also impose their own in-store requirement, even if not required by NC law, refusing to sell to anyone who doesn't have a valid in-state drivers license and even, as in Santa Dad's case, refusing to sell to adult locals if they merely think _you_ will provide the booze to someone who doesn't have a valid in-state license.

It's stupid business policy IMO, but not illegal for them to do so.   Glad you were able to find a more sensible retailer to supply your BBQ needs.

--
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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