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Samuel II
Samuel II, Attorney at Law
Category: Business Law
Satisfied Customers: 27011
Experience:  20 years of experience practicing law with diversified background.
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A college group wants to have a fraternizer at my

Customer Question

a college group wants to have a fraternizer at my bar/restaurant in Atlanta and some that will be attending are under 21. I they are given wrist bands, can they attend?
Submitted: 2 years ago.
Category: Business Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this time.

I suggest, the law is clear that no one under 21 shall drink and/or possess alcohol. And in that regard, without a parent accompanying them into a restaurant type location, no one under the age of 21 should be in a bar area or where alcohol is being served.

I suggest, the wrist bands are not going to protect you as the license holder, should some one be charged with Possession under age - as it can be based on the mere "constructive" possession, meaning they could have control of the alcohol.

Under the law, there are two types of possession

e case; you simply have to be in possession of the alcohol. Even then, there are two distinctions:

  • Actual possession: The act of possessing, such as holding a bottle of alcohol or carrying a grocery bag containing alcohol
  • Constructive possession: When the alcohol is simply in the vicinity of where you are and you have the opportunity of actual possession, such as the alcohol is on the dinner table where you are eating, or alcohol is in the same car as you.

I suggest you might want to pass on this party.

Expert:  Samuel II replied 2 years ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you