I'll apologize in advance... alcohol question for LEOs/TABC

[Fangs]

I know alcohol is a fun topic that everyone has an opinion on. I'll try to keep it as painless as possible.

I'm going out to the Salt Lick (an awesome bar-b-q joint that doesn't serve alcohol, but allows you to bring your own, I believe) with some friends and their parents to celebrate someone's graduation. My 20-year-old friend and his parents want to drink with the idea that I'll drive them home. I plan on carrying and not consuming any alcohol.

My questions:
1. Can he drink legally in public with his parents within arm's reach? I think this is true, but I wanted to make sure I understand it correctly.
2. Can I get in trouble for buying alcohol with him in the car (with or without his parents present)?

I think I know the answer to the second question (ok with parents present, not ok with just him there), but I'm curious. How would a LEO know the difference between me buying alcohol for him to legally drink with his parents as opposed to me getting arrested for providing alcohol to a minor?

Just trying to stay legal while everyone has a good time.

[chabouk]

My questions:
1. Can he drink legally in public with his parents within arm's reach? I think this is true, but I wanted to make sure I understand it correctly.
2. Can I get in trouble for buying alcohol with him in the car (with or without his parents present)?

1. "Texas Alcoholic Beverage Code Sec. 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."

2. No more than you would get in trouble for having beer in your fridge while he's in your kitchen.

[Keith B]

My questions:
1. Can he drink legally in public with his parents within arm's reach? I think this is true, but I wanted to make sure I understand it correctly.
2. Can I get in trouble for buying alcohol with him in the car (with or without his parents present)?

1. "Texas Alcoholic Beverage Code Sec. 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."

2. No more than you would get in trouble for having beer in your fridge while he's in your kitchen.

Just remember it is a 'affirmative defense to prosecution' which means they might try and push the issue from a local LEO side. However, I doubt that anyone is gonna say anything in the first place if the guy is 20 and hanging out with older folks (like his parents) and drinking vs. a bunch of frat buddies out partying

[The Annoyed Man]

Why don't his parents buy him the beer, then you don't have to worry about it?

[WildBill]

Why don't his parents buy him the beer, then you don't have to worry about it?

That's a good question. If it was bought or supplied to the minor child by Fangs he might be arrested for furnishing alcohol to a minor. If the alcohol came from the parents, there wouldn't be any question about whether or not they consented to their minor child drinking. I wonder what would happen if he were to drink too much and get arrested for PI.

The Salt Lick looks like it has good food! http://www.saltlickbbq.com/menu.html" onclick="window.open(this.href);return false;

[WildBill]

My questions:
2. Can I get in trouble for buying alcohol with him in the car (with or without his parents present)?

2. No more than you would get in trouble for having beer in your fridge while he's in your kitchen.

You can buy alcohol "with him", but not "for him."

[gigag04]

My questions:
2. Can I get in trouble for buying alcohol with him in the car (with or without his parents present)?

2. No more than you would get in trouble for having beer in your fridge while he's in your kitchen.

You can buy alcohol "with him", but not "for him."

This.

[A-R]

It's been a LONG TIME since I was a TABC "certified" restaurant waiter, but I distinctly remember this scenario being explained ad nauseum in the TABC class our restaurant required us all to complete:

If a minor orders an alcoholic beverage in the presence of his parents, verify that they are in fact his parents, guardians, etc (basically ID both - compare names, addresses, etc - if it don't look right, get a manager approval first). Then - when deliverying the alcholic beverage to the table - deliver it directly to the legal of-age adult parent/guardian NOT to the minor. If both parent and minor have ordered drinks, deliver BOTH drinks to the of-age customer. Let the parent/guardian pass the drink directly to the minor. NEVER serve the minor directly under any circumstances.

This was 15 or more years ago; no idea what is currently taught. But probably a decent road map to follow in your situation. Let your friend's PARENTS handle this, not you.

[Fangs]

Thanks for the replies.

I was just curious about the purchasing aspect because I've had cashiers ask to see my passenger's ID before they would sell me alcohol, even if the passenger was in the car still. I guess it's their way of covering their rear?

For the record, the food there is amazing.

[A-R]

I like the Salt Lick, but as with most places that start franchising (Round Rock location near the ballpark; Westlake location off 360) it's not as good as it used to be.

Smitty's in Lockhart still wears the crown of BBQ King in my book.

[randomoutburst]

It's been a LONG TIME since I was a TABC "certified" restaurant waiter, but I distinctly remember this scenario being explained ad nauseum in the TABC class our restaurant required us all to complete:

If a minor orders an alcoholic beverage in the presence of his parents, verify that they are in fact his parents, guardians, etc (basically ID both - compare names, addresses, etc - if it don't look right, get a manager approval first). Then - when deliverying the alcholic beverage to the table - deliver it directly to the legal of-age adult parent/guardian NOT to the minor. If both parent and minor have ordered drinks, deliver BOTH drinks to the of-age customer. Let the parent/guardian pass the drink directly to the minor. NEVER serve the minor directly under any circumstances.

This was 15 or more years ago; no idea what is currently taught. But probably a decent road map to follow in your situation. Let your friend's PARENTS handle this, not you.

Most restaurants no longer allow the "serving of minors" regardless of parent presence and consent. Also, they will not let an underage spouse of an of-age person drink with their spouse's consent either. Believe me, I tried. I had my marriage license and everything.

Something about "liability"....WHATEVER!

Anyway, OP...Though there is nothing wrong with you purchasing alcohol WITH your friend but just to be on the safe side I would ask the parents to purchase the alcohol instead to remove any doubt should an LEO wonder what's up.

[PUCKER]

It's absolute craziness....old enough to vote and serve our country, but still too young to legally drink (without a parent/guardian)...I was going to mention what randomoutburst said - even though it's legal, you'll probably find that many restaurants won't do it (to cover their behinds).

[The Annoyed Man]

I've also noticed that restaurants seem to have adopted a zero tolerance policy. You know... ...one of those policies that removes intelligence from the social transaction? They card everybody. My son is just a few months shy of 21, and I was in my late 30s when he was born. I have white hair, a white beard, a white mustache, glasses, and I walk with a slight limp. Only an absolute 'tard would be unable to tell if I'm over 21 or not... ...and I still get asked for ID on occasion.

[Oldgringo]

I've also noticed that restaurants seem to have adopted a zero tolerance policy. You know... ...one of those policies that removes intelligence from the social transaction? They card everybody. My son is just a few months shy of 21, and I was in my late 30s when he was born. I have white hair, a white beard, a white mustache, glasses, and I walk with a slight limp. Only an absolute 'tard would be unable to tell if I'm over 21 or not... ...and I still get asked for ID on occasion.

Maybe it ain't the way you look...or walk?

[randomoutburst]

I've also noticed that restaurants seem to have adopted a zero tolerance policy. You know... ...one of those policies that removes intelligence from the social transaction? They card everybody. My son is just a few months shy of 21, and I was in my late 30s when he was born. I have white hair, a white beard, a white mustache, glasses, and I walk with a slight limp. Only an absolute 'tard would be unable to tell if I'm over 21 or not... ...and I still get asked for ID on occasion.

If several people at a table order drinks and only one or two look like I need to card them, I card everyone to avoid hurting anyone's feelings or getting that got-awful response: "Hey, aren't you going to card me too? Do I look OLD???"

By yourself, you sound like someone I wouldn't card. Heck, if someone looks in their mid to late twenties I usually don't card either (though managers say I should). I can usually tell by the person's behavior if they are 21, even if they don't look it. There are telltale signs of those who are underage trying to pass themselves off as older. :)