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FINE!

Some how I am a Heartless bitch today for following the Law..

So be it I am .. Fuck any one that thinks other wise. I am not going to get anyone or myself in trouble with the law. TO HELL WITH THAT!

Comments

( 15 comments — Leave a comment )
tigerlady1974
Aug. 29th, 2003 10:09 am (UTC)
Umm...
If you are referring to alcohol being served to minors at YOUR housewarming party - STICK TO YOUR GUNS!!!! The last 2 parties I've been too ("real" parties that is...) have been visited by officers who wanted to make 100% certain that NO minors were in attendance... it is the LAW... you are absolutely 100% ENTITLED - It's YOUR party! If it's a different issue, I apologize... just assuming...

*Supportive Hugs*
-manda
twilightfenix
Aug. 29th, 2003 10:21 am (UTC)
Re: Umm...
Nahh.. But yeah that too.. Unles sI get Parents written permission >.<

But no I am following the IRS codes at work and this Lady wants to do something that goes against the law.
hollyking
Aug. 29th, 2003 10:58 am (UTC)
Re: Umm...
Even with a parents written permission, you are liable. Don't do it.
twilightfenix
Aug. 29th, 2003 11:35 am (UTC)
Re: Umm...
Just the state law as I know it and lived it


106.04. Consumption of Alcohol by a Minor



(a) A minor commits an offense if he consumes an alcoholic beverage.



(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.



(c) An offense under this section is punishable as provided by Section 106.071.



(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:



(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and



(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.



Acts 1977, 65th Leg., p. 514, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 163, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 934, § 77, eff. Sept. 1, 1993.



Amended by Acts 1997, 75th Leg., ch. 1013, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1207, § 1, eff. Sept. 1, 1999.



§ 106.08. Importation by a Minor



No minor may import into this state or possess with intent to import into this state any alcoholic beverage.



Acts 1977, 65th Leg., p. 515, ch. 194, § 1, eff. Sept. 1, 1977.




§ 106.07. Misrepresentation of Age by a Minor



(a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.



(b) An offense under this section is punishable as provided by Section 106.071.



Acts 1977, 65th Leg., p. 514, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, § 10, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, § 10, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, § 11, eff. Sept. 1, 1986.



Amended by Acts 1997, 75th Leg., ch. 1013, § 8, eff. Sept. 1, 1997.



§ 106.06. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor



Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 437, § 4



(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 makes available an alcoholic beverage to a minor with criminal negligence.



Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 934, § 79



(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 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 he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.




Yes in the state of Tx minors can drink with the consent of thier gaurdian/ spouse. So yeah I know the risk but this has nothing to do with that.
twilightfenix
Aug. 29th, 2003 11:45 am (UTC)
Re: Umm...
and just to make another side note there isnt goign to be a hell of lot of minors at the party and the ones that are coming are not drinkers..

starrc
Aug. 29th, 2003 12:03 pm (UTC)
Re: Umm...
When I was 21, I married a guy who was 20. I could legally buy him booze, it was kinda cool. :-)

Went with my Dad to lunch in Ohio when I was 19. Up there, as long as the waitress hands the beer to the parent first, said parent can then give it to the minor child. We both had loose meat sandwiches and Pabst. mmmmm (the sandwich, not the Pabst, haha!). :-D
katjabee
Aug. 29th, 2003 12:02 pm (UTC)
Re: Umm...
Yes in the state of Tx minors can drink with the consent of thier gaurdian/ spouse.

They can, but the guardian or spouse in question has to be present, and must take the alcohol with them if they leave the room. A note from the guardian won't cover you. The guardian/spouse has to actually be there the entire time - or at least at the time the cops show up. ;-)

Like you said, that's not the issue here, and I'm pretty sure it won't come up... but it looked like a nice debate was starting and I just couldn't resist the urge to throw in my 2p.

-KB, who's been through the TABC training class and spent the years between 18-21 trying desperately to find loopholes in that law...
hollyking
Aug. 29th, 2003 01:19 pm (UTC)
Re: Umm...
Ok, this isn't about a party I don't get to enjoy. It's about some psycho who want's you to violate IRS codes which is worse than a law because you don't have due process. You've also proven how you might be able to leagally serve a minor with their guardian present. That doesn't cover your municipality, county (shire, parish whatever) laws.

This whole mess of suing people because some drunk bastard did something wrong really chaps my hide. I've legally been able to drink for 1/2 of my life, yet now because of the legal crap I can't even buy a beer without getting my id checked. Grrrr... (For those who know the math, yes 1/2 of my life. In 1984 you could buy beer in Kansas at 18 and hard liquor in Texas. I lived near Kansas and went to college in Oklahoma, near the Texas border in 1984.)

Hope you have a good party. Oh, and tell your co-worker I said to stick it. Sign her name to the document if she wants to violate the law.
twilightfenix
Aug. 29th, 2003 01:22 pm (UTC)
Re: Umm...
0.o;


(Deleted comment)
meatpie
Aug. 29th, 2003 11:11 am (UTC)
Re: Umm...
Absolutely. With the recent passing of the Rave Act, the promoters and hosts of an event are now legally liable for all illegal activities that take place at the event. Whether it be illegal drug use, underrage drinking, fights that end in a hospital trip, etc...Not trying to scare you, but make sure you know what's going on and don't let anyone do something you wouldn't do yourself!!

Sadly, I don't think I'm going to make it, but please email me directions at meatpie@meatpie.org in case I can, I'd LOVE to be there!!!
meatpie
Aug. 29th, 2003 11:12 am (UTC)
Re: Umm...
Just saw your next post, disregard this. I thought it was tonight. Should be able to make it Sunday.
tigerlady1974
Aug. 29th, 2003 11:44 am (UTC)
Stick to your guns...
On the law... don't let anyone pressure you. She is the bitch...not you, Dear!!!

Hang in there - at least it's Friday & at least it's a long weekend for most folks!

I'll be thinkin' of ya'll while we're soakin up the rays on the beach in Florida this weekend...

*Hug*
-manda
twilightfenix
Aug. 29th, 2003 11:50 am (UTC)
Re: Stick to your guns...
:hugs: I hope you have a good Birthday/hoiliday!

Thanks..

jertzie
Aug. 29th, 2003 12:10 pm (UTC)
Dude!
illegal drug use, underrage drinking, fights that end in a hospital trip

What kind of party is this? I AM SOOOO THERE!!!!

- J
kangitanka3
Aug. 30th, 2003 12:26 am (UTC)
Re: Dude!
Me too! WOOT! *grin*

Love,
~~Kt3 the Irresponsible~~
( 15 comments — Leave a comment )