ID to consume alcohol

army judge said:
No, it is entirely legal if you are 21 years of age, or older.

In fact, a parent can allow his or her child(ren) to sip adult beverages under his, her, or their supervision.

Furthermore, an adult spouse can allow his or her 15 year old spouse to consume "John Barleycorn", "demon rum", or "witch's brew" as long as the adult spouse is present.

There are penalties for minor in possession, minor in consumption al across the land; as well as penalties for selling to minors.

I lecture high school students, and high school JR. ROTC students on the perils of "demon rum" and his many kin.

I also spell out the exemptions, such as a 16 year old bagger and carry-out who carries liquor or beer to the customer's car. The law exempts such transactions.

That's one of many examples I use to inform them and keep them from ruining their lives.
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Well now... who'd of thunk it... lol If it wouldn't be too much trouble would you site me the section of the law where this can be found... I believe it would be in Title 61 - Alcohol and Alcoholic Beverages
 
mpbarber said:
Well now... who'd of thunk it... lol If it wouldn't be too much trouble would you site me the section of the law where this can be found... I believe it would be in Title 61 - Alcohol and Alcoholic Beverages
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Your laws changed recently, but this TV station discusses those changes.

It seems that darn Johnny Football character was involved in the impetus to change them. LOL

The law SECTION 63-19-2450.
Alcoholic beverages purchase, consumption, or possession :

http://drinkingage.procon.org/sourcefiles/SouthCarolinaUnderAgeAlcConsumptLaws.pdf

SC minors can drink legally, in certain circumstances
 
mpbarber said:
YES! The problem I had was that the "manager", who I think should know the difference between "law and policy", clearly did not and only perpetuated the miss-information to her staff. Her perported knowledge of the law outside of the workplace exasperated the sitiuation and was detrimental to the development of her fellow employees. Perhaps my expectations of her knowledge/professionalism was too high.
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maybe i am just cyncical after 20+ years in HR, but yes, I think your expectations are too high for a BBW manager/bartender. It's hard to get good employees in some positions, especially chain food establishments at that level.
 
mpbarber said:
Since it not a law to carry your ID with you in SC, what if I didn't have my ID, went into a bar, was served a drink without being asked for my ID... would I be breaking some SC law.
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You are correct, you are not required to carry ID. However not having ID can make it difficult to purchase alcohol or even prevent you from entering some establishments.
If someone else provided you with alcohol and you were unable to show ID you should expect to be told to leave.
 
mpbarber said:
I'm not aware of a law that says you can't have a Coke in a bar without having/showing ID.
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You didn't ask about drinking a coke, you asked about alcohol. However if the setting is a bar you must be old enough to be in the bar in the first place. You could be asked to show ID at any time regardless what you are drinking. Your presence requires you to be of legal age. Any place in SC serving alcohol is required to have a sign posted:

SECTION 61-6-1530. Signs required to be posted.

A retail dealer must have posted in his place of business signs with the following words printed thereon:

(1) "The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor". The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

A retail seller of alcoholic liquors who fails to display this sign is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. A person found guilty of a violation of Section 61-4-70 and this subsection may not be sentenced under both Section 61-4-70 and this subsection for the same offense.
​

Possession when underage is illegal, and establishments have a legal duty to verify the age of patrons.

SECTION 63-19-2450. Alcoholic beverages purchase, consumption, or possession. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division.​

Since the establishment has a duty to verify age and risks it's license, you can be expected to be asked to leave if you can not verify your age. Failure to leave will result in trespass.

SECTION 16-11-620. Entering premises after warning or refusing to leave on request; jurisdiction and enforcement.

Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days.​

It does not matter if you are of legal age and do not have ID. If you are unable to verify your ID when asked you will almost certainly be removed from the establishment.


Code of Laws - Title 61 - Chapter 6 - Alcoholic Beverage Control Act
 
mightymoose said:
You are correct, you are not required to carry ID. However not having ID can make it difficult to purchase alcohol or even prevent you from entering some establishments.
If someone else provided you with alcohol and you were unable to show ID you should expect to be told to leave.
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I understand and I agree. thanks
 
You are splitting hairs here and it serves no useful purpose. While there is no law that spells out that you must have ID on you in order to enter a bar or consume an alcoholic beverage, there is a law that specifies that you must be a certain age and the burden for compliance is on the establishment that serves the beverage. The only way to do that is to require proof of age and identity. In effect, the law does require that patrons have proof of age, just not for the patron's sake, but for that of the establishment.

You are welcome to choose to support those establishments with more lax policies, more willing to take the risk of non-compliance if you prefer. I don't have an issue showing my ID and appreciate those establishments who do check. And, I am one who always gets carded, as recently as last Saturday. For the record, I am well past the age of being able to legally drink.
 
I rarely go to bars because I don't drink, but in some instances I do go to eat or listen to a band. I was pretty regularly carded just to be allowed in such establishments until I was in my late 30's, because I looked young for my age and they preferred to err on the side of caution.

Sadly, nobody cards me anymore. I guess even when you look young for your age, it's all relative. Most people think I'm in my early 50's. I'll take it, since that's still 10 years younger than I actually am!
 
mightymoose said:
You didn't ask about drinking a coke, you asked about alcohol. However if the setting is a bar you must be old enough to be in the bar in the first place. You could be asked to show ID at any time regardless what you are drinking. Your presence requires you to be of legal age. Any place in SC serving alcohol is required to have a sign posted:

SECTION 61-6-1530. Signs required to be posted.

A retail dealer must have posted in his place of business signs with the following words printed thereon:

(1) "The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor". The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

A retail seller of alcoholic liquors who fails to display this sign is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. A person found guilty of a violation of Section 61-4-70 and this subsection may not be sentenced under both Section 61-4-70 and this subsection for the same offense.
​

Possession when underage is illegal, and establishments have a legal duty to verify the age of patrons.

SECTION 63-19-2450. Alcoholic beverages purchase, consumption, or possession. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division.​

Since the establishment has a duty to verify age and risks it's license, you can be expected to be asked to leave if you can not verify your age. Failure to leave will result in trespass.

SECTION 16-11-620. Entering premises after warning or refusing to leave on request; jurisdiction and enforcement.

Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days.​

It does not matter if you are of legal age and do not have ID. If you are unable to verify your ID when asked you will almost certainly be removed from the establishment.


Code of Laws - Title 61 - Chapter 6 - Alcoholic Beverage Control Act
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The point about the Coke was that I doubt that you would be asked to leave under that situation without an ID which was infered by the notion that you would be asked to leave if you had no ID. Further, does the law specify that you must be 21 or any age for that matter to enter a bar or that you must have an ID to enter if you want to purchase a non alcoholic beverage or a sandwhich. The law sited here addresses specificaly sale or possesion of alcoholic liquors. Not the age requirements to be in the establishment nor any mention of the purchase or consumption of a sandwich or a Coke.

The whole point of this disscussion was to clarify the law regarding the possession of an ID. It really is quite simple, either the law requires it or it does not. Based on what I have read here, there is no requirement to have it. Further, there seems not to be a law that it is required to drink a beer.

Having said that, here's the "rub". If I was drinking a beer and then for some legitmate reason I was required to prove I was 21 or older, and could not, I would probably be asked to leave. However, could I be arrested for breaking some law?.

So now we're back to where this disscussion started......

Thanks to all who engaged in this conversation. I am better educated than when I first came here.
 
Whether or not you were actually arrested or cited for a violation would depend on what age you were ultimately determined to be, whether you were intoxicated or consumed alcohol, and whether or not you committed a trespass by remaining on premises after being told to leave.
Whether or not you are old enough to be present at a particular establishment depends on the type of business.
 
mightymoose said:
Whether or not you were actually arrested or cited for a violation would depend on what age you were ultimately determined to be, whether you were intoxicated or consumed alcohol, and whether or not you committed a trespass by remaining on premises after being told to leave.
Whether or not you are old enough to be present at a particular establishment depends on the type of business.
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I agree with everything you said other than the "age to be present". I am not aware of any SC law that state age requirements to be present in various establishments. Are there?
 
I'm unsure what law SC might have regarding age, but it is typically more about policy at the establishment. Violating the policy leads to the potential for trespass, or even false ID issues if used to gain entry. Lack of ID could prevent entry at all.

Typically a restaurant with a bar isn't any trouble for anyone to enter, but entry into a bar or night club could be restricted at the discretion of the owner. They have a license to protect.
 
mightymoose said:
I'm unsure what law SC might have regarding age, but it is typically more about policy at the establishment. Violating the policy leads to the potential for trespass, or even false ID issues if used to gain entry. Lack of ID could prevent entry at all.

Typically a restaurant with a bar isn't any trouble for anyone to enter, but entry into a bar or night club could be restricted at the discretion of the owner. They have a license to protect.
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You are correct again. My experience, in many states throughout the country is that the bars set up limitations on minor entry after a certain time in the evening. I don't know what, if any laws exist regarding that issue. So I tend not to say or imply that there are restrictions based on the type of business without evidence to back it up. But thats just me.
 
Our TABC in Texas publishes a very informative pamphlet on alcohol and minors.

It isn't illegal for minors to be allowed "on premises" where alcohol is served (meaning bar, tavern, or pub specifically) as restaurants aren't a consideration.

These days, most bars and liquor dispensing establishments serve food.
In Iowa, mentioning food (and where I graduated form law school), to be open on Sunday bars had to serve food.

https://www.tabc.texas.gov/education/pdfs/Alcohol-And-Your-Child.pdf

Anyway, the pamphlet might be useful in assisting you to better understand your question, "mpbarber".
 
army judge said:
Our TABC in Texas publishes a very informative pamphlet on alcohol and minors.

It isn't illegal for minors to be allowed "on premises" where alcohol is served (meaning bar, tavern, or pub specifically) as restaurants aren't a consideration.

These days, most bars and liquor dispensing establishments serve food.
In Iowa, mentioning food (and where I graduated form law school), to be open on Sunday bars had to serve food.

https://www.tabc.texas.gov/education/pdfs/Alcohol-And-Your-Child.pdf

Anyway, the pamphlet might be useful in assisting you to better understand your question, "mpbarber".
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Thanks again. You have been very informative and I appreciate that.
 
Let's go at it this way.

No law says that you have to have ID on you before you can go into a bar and order something alcoholic.

No laws says that the bartender cannot refuse to serve you unless you show them ID.
 
cbg said:
Let's go at it this way.

No law says that you have to have ID on you before you can go into a bar and order something alcoholic.

No laws says that the bartender cannot refuse to serve you unless you show them ID.
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Very clear and to the point.... thank you!
 
The sale of alcohol can also be local law, not just state. A city or county might enact regulations as well, so there isn't going to be a one size fits all answer. A college or resort town might have different laws than one in a metropolitan area or out in the boonies.
 
ElleMD said:
The sale of alcohol can also be local law, not just state. A city or county might enact regulations as well, so there isn't going to be a one size fits all answer. A college or resort town might have different laws than one in a metropolitan area or out in the boonies.
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Yes. I run into that all the time between here (Spartanburg) and Greenville and especially between SC and NC..... It is, in my opinion the fear on the part of the corporate leaders because of the lousy job that the State and local politicians are doing in making laws. Politicians not doing a good job for their constituents?? OH NO! SAY IT AIN"T TRUE!

thanks to Army Judge and his Walmart link.....

"at some point in the last 40 years we've lost the ability to make any kind of policy (governmental, corporate or other) that can accommodate the tiniest little bit of common sense."

Lets see now, I work at Buffalo Wild Wings and I have to card this guy that is obviously old enough to be my grandfather and he leaves because of it. No BWW has lost $15 to $30 of revenue and the server has lost $3 to $6 in tips.
Of course until the loss of business gets more painful than the fear of the government, this will not change.

I for one have way too many choices to spend my "beer" money other than BWW and will exercise my right to do so.

Thanks for making us better informed consumers Army Judge.
 

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