If I am a minor, but I am with my parents at a restaurant, can I order alcohol in the State of Texas?
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If I am a minor, but I am with my parents at a restaurant, can I order alcohol in the State of Texas?
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The law makes reference to minors being allowed to consume alcohol when in the direct supervision of their parents, but does this only allow them to drink alcohol in their parents' home or can the parents also order alcohol for their child at a restaurant or bar?
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lcmcpa
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I hope your parents show better sense than you are showing. There are reasons why it is illegal for teens to consume alcohol. Most sober teens have a problem exercising good judgment. You have a 75% greater chance of becoming an alcoholic if you start drinking in your teens. Look at Bush, he is a perfect example of this. |
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Maria
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You can order it, but if they serve it to you, they may lose their license. |
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snarkysmug
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if you are the bush twins you can just go ahead and order. |
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karl
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TABC does specify that minors are allowed to drink with their parents but it is limited to the tolerance of the restaurant. Most restaurants I know of don't allow it to cover themselves from harm. If an untrained server allows the minor too much alcohol, they can lose their liquor license and face heavy fines. |
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i'm susan
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it is only legal IF your parent gives it to you AND you are under their direct supervision during consumption.
in Texas, if you violate this law, the minor will be taken to jail and charged with 'minor in possession of alcohol' (a 'c' misdemeanor) (or if drivin, 'dui-minor', also a 'c' misdemeanor) while the person who gave you the alcohol will be charged with 'contributing to the delinquency of a minor' (an 'a' or 'b' misdemeanor depending on the situation) |
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kajun
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No minors are allowed to order or consume any alcoholic beverage regardless if the parents are present. It is against the law. And, I dont know any parent that would buy alcohol for their child. Thats against the law, too. |
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Mama Pastafarian
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According to Texas state law, being the parent, guardian, or spouse of a minor is an affirmative defense to the law against providing alcohol to a minor. In other words, the parent, guardian, or spouse of a minor can be charged with providing alcohol for a minor, but they can use the following laws to get the charges dropped. The minor can be charged with illegal consumption, but can use the same law to get the charges dropped. (Basically, an affirmative defense means that this is a way to say that the state cannot successfully prosecute you for the offense.)
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.
Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR
(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage. |
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Zatoichi
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you can order anything; the restaurant would be breaking the law if they filled such an order. |
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scruffycat
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You can order it all you want.
HOWEVER, the restaurant is not allowed to serve alcohol to a minor, so don't hold your breath waiting for your glass to arrive.... |
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Mr. Goodkat
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You cant order it, because the establishment is not allowed to sell it to you. They could lose their liquor license for doing so. |
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Adrianne R
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no |
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Artman
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The restaurant can be fined and loose their license to sell alcohol if they do that.
No one can sell alcohol to a minor even if the parent is present. |
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Lillian
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But in public it is illegal to serve alcohol to a minor. |
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GIVRO
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I think your parents can order for you, and you can drink while under their supervision.
Call a restaurant that serves and ask a manager or bartender(not a host/hostess/waiter/waitress). |
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SpaGirl
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Parents can order it & hand it to you but you cannot order it directly. |
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Miss*Blue
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No no, not in public. The restaurant will get introuble for minors drinking on their property.
It's only at home. |
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james c
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no not until your 21 |
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WoWlovr
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yea have your parents order it and just drink it, i doubt anyone in the resturaunt would notice and it would be less likely that they would do anything about it |
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