For example, I am a resident of Vermont with a valid Vermont drivers license. Can the New York restaurant refuse to serve me alcohol even though I am 22?

My thought is no because of a case i remember in a prelaw class about the interstate commerce act….

15 Responses to “Can a restaurant in New York legally refuse to sell alcohol to people of age from other states?”

1. footballplayer#14 on October 26th, 2008 7:13 am

   I think stores can refuse to sell anything for any reason but that would be bad for money reasons

2. _MamaJ on October 26th, 2008 11:50 am

   I thought the legal age was 21 in every state. is it not?

3. SarahA on October 27th, 2008 1:52 am

   Well, remember the phrase “In Rome, do as the Romans do?”

4. eimittaa on October 30th, 2008 1:40 am

   No I don’t think so because you are already over the legal age for drinking alcohol in a New York Restaurant.

   the law states that a person must be age 21 or older to be served alcohol in a restaurant or a bar anywhere in New York State.

   Also say for instrance that in Vermont it is legal to drink at age 18 and you are 18 or 19 or 20 years of age well you are out of luck in New York State because the law states that any person who enters a restaruant in New York State must be at least 21 years of age to be served alcohol.

5. lawyer_girl_1978 on October 31st, 2008 4:34 pm

   the business may thought the id was fake and usally all company’s reserve the right to refuse customers. i would look up the statue of limitation and guide lines in new york for this info.

6. Mr. Taco on November 2nd, 2008 11:39 pm

   If you are in New York, you are subject to New York law. Doesn’t matter where you are from. So yes, they can refuse you alcohol if you are under their drinking age. This example has absolutely nothing to do with the Interstate Commerce Act. Commerce is not the issue here, because we are discussing a criminal law.

7. doane_nut on November 4th, 2008 6:00 pm

   I think if they are smart asses, yes.

8. Tom on November 5th, 2008 10:07 pm

   Any seller of alcoholic beverages in New York State can refuse to sell any to anyone of any age from anywhere at any time.

   Unfair? Maybe, but that is the law.

9. magikmike96 on November 9th, 2008 5:16 am

   Lots of establishments will not accept an out of state license. When I was in the military, I was refused alcohol because I had an out of state license. A military ID wasn’t even good enough. It happens.

10. Wendy H on November 11th, 2008 9:03 am

    Had you had too much to drink already?

    Its may a contributing factor.

    In the UK the licensee can refuse to serve anyone, without having to give reason.

11. aztrain23 on November 11th, 2008 9:07 pm

    Yes, the restaurant has the right to refuse service to anybody. It makes absolutely no difference what state it’s in, how old you are, what state you’re from, or if your license is valid.

    It would certainly not be good business practice for a restaurant in New York to refuse to sell alcohol to a 22 year old from Vermont with a valid driver’s license. However, if they doubt the authenticity of your ID, then they have not only the right but the responsibility to refuse you. If you are subsequently able to prove that it is indeed valid (for example, flagging down a cop and having them radio it in to the station dispatch or call it in to the DMV), then they cannot CONFISCATE your license, but they still don’t have to serve you.

    The bottom line is that they have the legal right to serve whoever they want to within the discrimination restrictions of the law. I don’t see how an interstate commerce act could possibly apply here, the booze isn’t crossing state lines unless the property straddles a border.

    I’ve got no experience with pre-law, but I’ve got plenty of experience with buying alcohol. I’d say tough luck, find another restaurant.

12. Barry C on November 12th, 2008 2:48 pm

    If you can’t prove tot heir satisfaction that you are old enough (and sober enough!) then they don’t have to sell you anything.

    It is not their responsibility to be able to judge every possible ID someone might come in with, no matter how real it may be. It is their liquor license and livelihood on the line after all - if they deem that the risk of serving you is too high then you are free to provide an ID they will accept (passport perhaps) or take your business elsewhere.

13. LexDiamonds on November 14th, 2008 5:34 am

    no, of course not. the legal drinkin age in NY is 21 and its the same all over. so this question doesnt make sense

14. chopper on November 15th, 2008 5:54 pm

    Yes, it can. Even though last time I checked, the MINIMUM legal age was 21. But restaurants don’t have to serve you at
    all, as long as they act consistently and treat everyone the same. I do remember now that some places in NY require that patrons be older than 21 to be served liquor; presumably because they want to attract a more mature crowd.

    Setting the minimum age for drinking is completely within each state’s rights. And the New York restaurant is not discriminating against you; in fact, it’s treating you exactly the same as it would any other 22 year old.

    As far as I know, the Commerce Clause doesn’t even apply here, because there is no constitutional issue to begin with.
    You may be able to get married at 15 in some states, but that doesn’t mean that’s true in every state, or that you have a case if your home state’s law says the parties have to be 18. And marriage is much closer to a fundamental right than drinking.

15. yw84mrright on November 16th, 2008 8:51 pm

    Any restaurant or bar can refuse to serve you for any reason they want unless it’s due to discrimination by race, country of origin, etc. If they don’t like your ID, you’re out of luck.

    Also is your VT license a photo ID? it’s one of the few states that still issues non-photo IDs.

    I’ve been turned down trying to use my PASSPORT in some places because the person didn’t know what the damn thing. Oh well…

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