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Trouble with purchase of alcohol

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curious one 1

Junior Member
What is the name of your state (only U.S. law)? NH

Hello everyone and thanks for taking the time to read my post!

I'm new here so I may be in the wrong forum, but a had a question about laws in my state.

Yesterday was my 21st birthday. Had a good day and all, but at the end I wanted to go pick up a 6 pack just because I legally could now! I went though the checkout line and showed my 2 forms of ID; my expired driver's license and my new, temporary paper license. The cashier called over a manager cause she had never dealt with a temp before. The manager took it and looked at it saying "Oh i hate running these things" then noticed it was my birthday and handed it back to me saying happy birthday. I proceeded to swipe my debit card and buy the beer. The cashier had given me my receipt and was about to give me my 6 pack when my girlfriend walked over and started talking to me. The manager rushed back over and asked her for her ID. She is not 21 yet and clearly stated that. The manager kept my beer and refused to give it to me after I had bought it. She then told another person to give me a refund, which she did.

I was just curious if this manager was infringing me of any of my rights. She was extremely rude and I would like to contact the store owner to inform about this miserable experience. I know that stores have to be careful nowadays about this, but I had supplied my two forms of ID and already purchased the alcohol.

I live in NH and tried finding information about similar situations but found nothing. If anyone could help me I would appreciate it much. Thank you.

http://www.gencourt.state.nh.us/rsa/...NHTOC-XIII.htm
 


Banned_Princess

Senior Member
If the person with you is underage, they do not have to give you the alcohol. I have heard that it is in fact illegal to sell beer and cigarettes to underage people, and people hanging out with underage people.

nomatter what, they have a right to retract the sale and not sell you beer.

very simple. Happy birthday.
 

Hot Topic

Senior Member
You may have had the right to purchase alcohol, but you didn't have the right to drink and drive, which I suspect you were prepared to do as part of the "Now I'm a grownup because I can buy alcohol" ritual. Thankfully, the manager stopped you. Since you didn't take into consideration that drinking and driving may have prompted his action, it's indeed a good thing that he did what he did. And try to remember that buying alcohol doesn't make you a man.
 
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FlyingRon

Senior Member
Believe me, if you take an underage person into a liquor store, the presumption is that you will give them the alcohol. The store is well advised not to sell to you. You have no RIGHT to buy alcohol.

Just the other day my daughter (who is 25 but looks young, she gets carded all the time) was with us in a liquor store. They demanded her ID while I was purchasing things (believe me, except for one bizarre time in Sevierville, TN a few months ago, I've not been asked for ID in 30 years). I suspect highly that they would not have sold to me if she was underage as well.
 

curious one 1

Junior Member
I resent the Hot Topic... that is an assumption that you cannot make. I am at college and don't even have a vehicle.

Thanks for the help, but again, my problem is that I already had purchased the beer. They had my money and forced me to take a refund. I provided everything necessary to purchase it, and in fact DID, but couldn't leave with it.

I am still in the shock stage that this happened the very first time I bought, sorry if I am running on about it
 

Antigone*

Senior Member
I resent the Hot Topic... that is an assumption that you cannot make. I am at college and don't even have a vehicle.

Thanks for the help, but again, my problem is that I already had purchased the beer. They had my money and forced me to take a refund. I provided everything necessary to purchase it, and in fact DID, but couldn't leave with it.

I am still in the shock stage that this happened the very first time I bought, sorry if I am running on about it
They are not required to sell the alcohol to you, that has already been established. In fact the next time you want to purchase alcohol, do it alone. You won't have any problems that way.
 

cosine

Senior Member
If it had been me running the store, I wouldn't sell you alcohol in the future, until after the date the person who was with you is of age, even if she never comes in with you in the future. I bet if you owned the store, and had been hit with dozens of violations before, you'd be at least equally cautious. Not doing so could lose your license.
 

Hot Topic

Senior Member
Obviously, you're not mature enough to understand why your purchase of alcohol was cancelled by the store. You see their doing so as a violation of your "rights" because you equate the purchase with "being a real man."

I doubt your girlfriend thinks less of you. If she does, I doubt she's worth your time.
 
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Mass_Shyster

Senior Member
As is my normal position, I'm going to take the opposite view. (It's times like this that I miss JETX most. I really deserve a tongue lashing for this).

The alcohol had already been sold to the customer, so was no longer the property of the store. The store took what was not legally theirs to take.

The interesting part is who had possession of the alcohol. If the customer had possession (which he did not), and the store took it away, they would have committed larceny. If the store retained possession, they simply breached their contract.

If the store had committed larceny, the customer could have called the police to report the crime. I seriously doubt the police would do anything about it, but it may make the OP happy.

Since the store only breached the contract, the OP is entitled to recover damages in the amount of the value of the alcohol. Oh wait...
 

Antigone*

Senior Member
As is my normal position, I'm going to take the opposite view. (It's times like this that I miss JETX most. I really deserve a tongue lashing for this).

The alcohol had already been sold to the customer, so was no longer the property of the store. The store took what was not legally theirs to take.

The interesting part is who had possession of the alcohol. If the customer had possession (which he did not), and the store took it away, they would have committed larceny. If the store retained possession, they simply breached their contract.

If the store had committed larceny, the customer could have called the police to report the crime. I seriously doubt the police would do anything about it, but it may make the OP happy.

Since the store only breached the contract, the OP is entitled to recover damages in the amount of the value of the alcohol. Oh wait...

LOL... in honor of our friend, you should have started your post with this:

And now for the legally accurate answer...

JetX is upstairs sharing a drink with St. Pete and totally laughing at the bumbling band of baboons here on FA:D
 
I agree with steve

LOL... in honor of our friend, you should have started your post with this:

And now for the legally accurate answer...

JetX is upstairs sharing a drink with St. Pete and totally laughing at the bumbling band of baboons here on FA:D
AoG thinks that this was a straw purchase. So, if AoG goes in to buy a bottle of wine with her 3 yr. old with her then, according to AoG, AoG should be charged with buying alcohol for a minor.

Your friend likely would not like your goofy snide comments.

Steve is correct but if they give you your money back, just go to the store down the block. Or reconsider if just because you are 21 you should start drinking. Sobriety has its own reward.
 

Antigone*

Senior Member
AoG thinks that this was a straw purchase. So, if AoG goes in to buy a bottle of wine with her 3 yr. old with her then, according to AoG, AoG should be charged with buying alcohol for a minor.

Your friend likely would not like your goofy snide comments.

Steve is correct but if they give you your money back, just go to the store down the block. Or reconsider if just because you are 21 you should start drinking. Sobriety has its own reward.
Don't put words in my mouth. Had I wanted to say it was a straw purchase I would have said so.

Your analogy is weapon's grade stupid, but that doesn't surpise me coming from you:rolleyes:
 
In a manner that you can understand:

Don't put words in my mouth. Had I wanted to say it was a straw purchase I would have said so.

Your analogy is weapon's grade stupid, but that doesn't surpise me coming from you:rolleyes:
I am rubber**************...you are glue**************...whatever you say......bounces off me....and sticks to you.....

Please leave this board; its not meant for five year old girls...go play with your dolls.
 

cosine

Senior Member
AoG thinks that this was a straw purchase. So, if AoG goes in to buy a bottle of wine with her 3 yr. old with her then, according to AoG, AoG should be charged with buying alcohol for a minor.
It doesn't matter what AoG (or I) thinks happened. What the store clerk thinks could be happening is what matters. And he was well within his rights, and probably obligated, to cancel the sale as soon as the possibility became obvious to him. Buying for a 3 year old, while not impossible (my parents served me alcohol as young as 8 ... dinner wine), does seem too absurd to be believed. Buying for a minor friend in the teen age range seems not just possible, but happens a lot.
 

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