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[OM] Stat-by-state underage drinking laws, was: The Over-Eager Photograp

Subject: [OM] Stat-by-state underage drinking laws, was: The Over-Eager Photographer
From: Chuck Norcutt <chucknorcutt@xxxxxxxxxxxxxxxx>
Date: Fri, 23 Aug 2013 13:22:57 -0400
Not true in Iowa or in many other states.  In Iowa not only is it not 
illegal for the kid to get a beer from the fridge for poppa, the kid can 
also get one for himself if poppa approves... as long as the fridge is 
on private, non-alcohol selling premises.  In New York and 16 other 
states the kid can have alcohol on alcohol selling premises with 
parental consent.  I didn't know this myself until a short time ago when 
I decided to look up the actual state-by-state liquor laws.  See:
<http://drinkingage.procon.org/view.resource.php?resourceID=002591>
note:  A good site with references to the actual laws of each state.

But I think if I actually tried this I might have a lot of trouble 
without the statute in hand.  Of course, today I have no underage 
children to test it.  :-)

The relevant law in Iowa:
----------------------------------------------------------------
A person or persons under legal age shall not purchase or attempt to 
purchase, or individually or jointly have alcoholic liquor, wine, or 
beer in their possession or control; except in the case of liquor,
wine, or beer given or dispensed to a person under legal age within a 
private home and with the knowledge, presence, and consent of the parent 
or guardian, for beverage or medicinal purposes or as administered to 
the person by either a physician or dentist for medicinal purposes and 
except to the extent that a person under legal age may handle alcoholic 
beverages, wine, and beer during the regular
course of the person's employment by a liquor control licensee, or wine 
or beer permittee under this chapter.
------------------------------------------------------------------

The relevant law in New York
------------------------------------------------------------------
2. A person under the age of twenty-one years may possess any
alcoholic beverage with intent to consume if the alcoholic beverage is
given:
(a) to a person who is a student in a curriculum licensed or
registered by the state education department and the student is required
to taste or imbibe alcoholic beverages in courses which are a part of
the required curriculum, provided such alcoholic beverages are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
(b) to the person under twenty-one years of age by that person's
parent or guardian.
-------------------------------------------------------------------

Note there are no restrictions in New York about where as long as the 
drink is provided by the parent or guardian.  I suspect this may be a 
bit of push back against the feds who forced a uniform 21 drinking age 
by threatening to hold back 10% of federal highway funds unless the 
states toed the line.  So New York changed the drinking age to 21 from 
19 in 1985.  Previously it had been 18 until changed to 19 in 1982.

Chuck Norcutt


On 8/22/2013 12:05 PM, Ken Norton wrote:
> What is so crazy about this is that ol pappa telling his kid to fetch
> a beer from the fridge is illegal.
-- 
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