Alcohol & Drugs: MIP, MIC, Intoxication Buying alcohol at the Grocery store

[mookster333]

I was at the grocery store (in Illinois) with my girlfriend. We are both over 21, and she was buying some alcohol and I was in the cashiers line with her and the register lady asked to see my id as well. I didnt have my wallet on me and I didnt see a need for me to show id if it was my girlfriend wa the one purchasing the alcohol. They wouldnt let her buy it and I was arguing that if we both walked out and she came in by herself and bought it on her own the would it be fine. My question is what is the law behind this and also what if I was a 13 year old minor with her at the store while she was shopping. ITs not like the cashier would question the 13 year old for ID to purchase alcohol.

Thanks.

 

[NYClex]

This is what the law says:

235 ILCS 5/6-16 (a)(i) No one may sell or serve alcohol to any person under the age of 21.

235 ILCS 5/6-16 (a)(iii) No one may purchase or provide alcohol to anyone under the age of 21.

235 ILCS 5/6-16 (a) (iii) (a) Violation of the above provisions is a Class A misdemeanor and the sentence shall include, but shall not be limited to a fine of not less than $500.


So technically you are right, since your girlfriend wanted to purchase the alcohol, she should have been "carded." Since you did not want to engage in any purchase with the seller, you were not a party to the contract.

But, a store can be liable if the employee negligently provides alcohol to a minor, regardless of the actual contractual situation. In case you would have been a minor and in fact your girlfriend would have let you drink half of the beer she bought and you would have caused an accident later, the victim could try to sue the seller saying it was obvious and foreseeable that your girlfriend would have shared the beer with you therefore it was unreasonable for the store to give it to her. Of course, the store would have some arguments to fight that claim, but it might be very inconvenient, if the store owner had to hire a lawyer etc etc.

So not even to get into this risk of being sued many stores have a policy that ALL members of a party who shop for alcohol must be of legal age to do so.

Of course, if you (presuming you were a minor) had waited outside the store and she would have bought it alone and then shared it with you, you still would be drunk. But any victim then had a hard time suing the store, because it would not be foreseeable for the store owner that she would share the beer.