Q: Is it really against the law to serve tap water unsolicited in NYC? Are there other quirky laws affecting restaurants or bars across the country?
A: Believe it or not, serving unsolicited tap water to a customer was illegal in NYC until just this month. Provision (a) of Section 20-08 of Chapter 20 of Title 15 of the Rules of the City of New York Governing and Restricting the Use and Supply of Water banned restaurants from providing water to patrons without them asking. It was instituted in the 1990’s to conserve water during a drought. With only 14 warnings issued since it was instituted, it is clear that this law was rarely enforced, like driving 37 MPH in a 35 MPH zone. NYC isn’t alone. Other states and cities have laws on the books that make people scratch their heads. Here are some of the best of the best: Utah: Until 2009, patrons had to apply for memberships to local bars so they could legally drink alcohol. That law was repealed, but it still forbids ordering doubles and mixing cocktails in front of patrons. Indiana: “Blue Laws” are still in effect which do not allow alcohol to be sold for carry-out on Sundays, in order to keep Christian principals alive and well.
Kansas: 29 counties still do not allow the sale of individual glasses of liquor. Illinois: Does not allow happy hours, or any program that discounts alcohol for a certain amount of time. Any discount must be for all customers, all day. Colorado: Horses are considered vehicles, so you can get a DUI on horseback. New Orleans: You CAN carry your drink from one bar to another. Texas: You can be arrested for public intoxication inside of a bar. Take a bite out of that.
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER:
The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user.
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
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