selling cigs. to an underage person?

[gabster54]

SC.
My daughter worked as an assistant manager in a gas station. She was recently fired for selling cigarettes to an underage person. When she went back and looked at the tape. she says that this "boy" had a full beard and definitely looked older than 18 (her and her manager went back and looked at their tapes of the actual sale. the Manager was standing right next to her when she made the sale). But the company told her that if he looked under 27, that she was required to ask for ID. I guess I am wondering if there is anything that she can do at this point? This was set-up by the FDA.

 

[cbg]

Why yes, there is. She can start asking for ID like she's supposed to. These "set-ups" as you call them are perfectly legal and the fact that her manager was present means not one whit. For all you know HE was checking to see if she was following the rules, as well.

Oh, you mean was firing her illegal and can she take legal action and sue them and get her job back? No, no, no and no.

She can file for unemployment. Commentator will give you the odds on her getting it.

 

[single317dad]

What your daughter did is a misdemeanor under SC 16-17-500. I recommend she shut up about it and hope she isn't charged with the crime.

 

[commentator]

Chances of unemployment insurance are pretty slim. But since your state is a "if they look" instead of "card everyone, regardless of age" one, she may have a slight chance of being approved. It never, ever hurts to file the claim, though, while she is looking for another job. It will not call things to the attention of the authorities in regards to it being a minor law infraction, and she doesn't need to worry about it that way, but even so, terminating her was totally legal and there's nothing else she can do except file for unemployment and look for another job.

 

[gabster54]

selling cigs to underage person

Thank you for the info.

Chances of unemployment insurance are pretty slim. But since your state is a "if they look" instead of "card everyone, regardless of age" one, she may have a slight chance of being approved. It never, ever hurts to file the claim, though, while she is looking for another job. It will not call things to the attention of the authorities in regards to it being a minor law infraction, and she doesn't need to worry about it that way, but even so, terminating her was totally legal and there's nothing else she can do except file for unemployment and look for another job.

 

[eerelations]

I tried to buy four beers at a grocery store in NY state last year and was not allowed to because I didn't have a NY state driver's license. I was 57 and looked every minute of it but nope, no beer. (And it wasn't even for me!)

 

[FlyingRon]

Chances of unemployment insurance are pretty slim. But since your state is a "if they look" instead of "card everyone, regardless of age" one.

I know of no state that "they looked old enough" is a defense. The SC law pretty much says you're screwed if you don't ask and you are wrong. You have a defense if you demand ID and they provide a false one

(A) It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product or an alternative nicotine product to a minor under the age of eighteen years.

B) It is unlawful to sell a tobacco product or an alternative nicotine product to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.
​

 

[cbg]

I think what commentator meant was under the state law, they are not mandated to require proof of age.

 

[davew128]

I tried to buy four beers at a grocery store in NY state last year and was not allowed to because I didn't have a NY state driver's license. I was 57 and looked every minute of it but nope, no beer. (And it wasn't even for me!)

Sadly, many sports venues have a similar policy. Boston Garden has a policy that they will NOT accept an out of state driver's license for anyone under 30. Now if you think about what Boston Garden is, what its used for, and where its located, you can probably understand why the policy is pretty ridiculous. Unfortunately said policy is backed by the ABCC even if presumably its a constitutional violation for a state to issue a policy like that.

 

[Zigner]

Sadly, many sports venues have a similar policy. Boston Garden has a policy that they will NOT accept an out of state driver's license for anyone under 30. Now if you think about what Boston Garden is, what its used for, and where its located, you can probably understand why the policy is pretty ridiculous. Unfortunately said policy is backed by the ABCC even if presumably its a constitutional violation for a state to issue a policy like that.

What constitutional right is there to buy alcohol?

 

[Stephen1]

NY State liquor ID

I tried to buy four beers at a grocery store in NY state last year and was not allowed to because I didn't have a NY state driver's license. I was 57 and looked every minute of it but nope, no beer. (And it wasn't even for me!)

Per the NY State Liquor Authority: "What is acceptable proof of age to purchase alcohol in New York State? The following documents can be accepted as proof of age for the purchase of alcoholic beverages: (a) A valid driver's license or non-driver identification card issued by: New York State; the Federal Government; any State Government within the United States; the District of Columbia; any Commonwealth, Possession or Territory of the United States; or a Provincial Government of Canada; (b) a valid U.S. passport; (c) a valid passport of any other country; or (d) a valid military ID from the U.S."

So the state doesn't require the ID be from NY state.

Story time: When I was about 23 I visited California. While at Busch Gardens I attempted to buy a beer. My WA State Liquor card wasn't acceptable because CA required that the ID list the date of birth and the liquor card listed date of 21st birthday. They did accept other WA State ID I had.

 

[eerelations]

Per the NY State Liquor Authority: "What is acceptable proof of age to purchase alcohol in New York State? The following documents can be accepted as proof of age for the purchase of alcoholic beverages: (a) A valid driver's license or non-driver identification card issued by: New York State; the Federal Government; any State Government within the United States; the District of Columbia; any Commonwealth, Possession or Territory of the United States; or a Provincial Government of Canada; (b) a valid U.S. passport; (c) a valid passport of any other country; or (d) a valid military ID from the U.S."

So the state doesn't require the ID be from NY state.

Story time: When I was about 23 I visited California. While at Busch Gardens I attempted to buy a beer. My WA State Liquor card wasn't acceptable because CA required that the ID list the date of birth and the liquor card listed date of 21st birthday. They did accept other WA State ID I had.

Well the guy at Tops said I must have a NY state driver's license in order to be considered old enough to buy beer. He was very clear on the NY state bit. And given that I didn't have immediate access to NY state law, I accepted what he said. I returned to the car and informed my husband (who is older than me and for whom the beer was intended) of this and he said that perhaps his Canadian driver's license would work. So we went back to the store and hubby attempted to purchase the four cans of beer with his Canadian driver's license. The store clerk (same one) then said that hubby's Canadian driver's might be acceptable except that he (the store clerk) had no way of knowing that my husband wouldn't just give me (old arthritic grey-haired wrinkly me) the beer after we left the store.

So we left the store, went to a bar, drank a big load of ****tails and beer, and no one asked us for any ID whatsoever.

 

[xylene]

I was declined out of state at a store for only having NY drivers license (Enhanced DL at that.)

I 'accidentally' dropped the beer as the clerk was handing it back to me (expecting me to put it away )

Yay another victory for non-uniform id laws and prohibitionist thinking.

 

[Zigner]

Well the guy at Tops said I must have a NY state driver's license in order to be considered old enough to buy beer. He was very clear on the NY state bit. And given that I didn't have immediate access to NY state law, I accepted what he said. I returned to the car and informed my husband (who is older than me and for whom the beer was intended) of this and he said that perhaps his Canadian driver's license would work. So we went back to the store and hubby attempted to purchase the four cans of beer with his Canadian driver's license. The store clerk (same one) then said that hubby's Canadian driver's might be acceptable except that he (the store clerk) had no way of knowing that my husband wouldn't just give me (old arthritic grey-haired wrinkly me) the beer after we left the store.

So we left the store, went to a bar, drank a big load of ****tails and beer, and no one asked us for any ID whatsoever.

It doesn't have to be state law...it could be store policy. Heck, it could even be that clerk's own personal policy and you couldn't force him to accept your id.

 

[eerelations]

It doesn't have to be state law...it could be store policy. Heck, it could even be that clerk's own personal policy and you couldn't force him to accept your id.

I think he just didn't like Canadians.