Educating Wait Staff in a Virginia Restaurant - Page 3

Educating Wait Staff in a Virginia Restaurant

This is a discussion on Educating Wait Staff in a Virginia Restaurant within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by DaveH Do a little search on this issue (here and elsewhere) and Virginia law as applied. "Under the influence of alcohol" is ...

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Thread: Educating Wait Staff in a Virginia Restaurant

  1. #31
    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by DaveH View Post
    Do a little search on this issue (here and elsewhere) and Virginia law as applied.

    "Under the influence of alcohol" is not the opposite of total tea-totaling.
    Please help me understand what you are saying in reference to how the law has been applied. Thanks.
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  2. #32
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    Quote Originally Posted by BugDude View Post
    Please help me understand what you are saying in reference to how the law has been applied. Thanks.
    As it is hard to prove a negative, I have added a question to post # 29.

    Ever case I have heard of was following conviction of one of the listed (manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24).

    It has been sort of a "Oh by the way" follow-on, second-shoe-falling action -- not an initial charge unrelated to other "No-Nos."

    As alway, there may be something I have missed and I am forever learning something from this forum and a few other sites & list- serves.
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  3. #33
    Member Array monk's Avatar
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    Quote Originally Posted by Agave View Post
    Heh. The question is why did you go to a restaurant on Sabbath?
    I'm seeing a difference in the Sabbath you're referring to, and what the OP was referring to
    IE;

    Shabbat (Hebrew: שַׁבָּת, Modern shabat Tiberian šabbāθ, Ashkenazi pronunciation: shabbos, Yiddish: shabes, "rest" or "cessation") is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from sundown Friday until the appearance of three stars in the sky on Saturday night. The exact time, therefore, differs from week to week and from place to place, depending on the time of sunset at each location. In polar areas where there is no sunrise or sunset at certian points of the year, a different set of rules apply.

    Shabbat recalls the Biblical Creation account in Genesis, describing God creating the Heavens and the Earth in six days, and resting on and sanctifying the seventh (Genesis 1:1-2:3).

    Shabbat is considered a festive day, when a person is freed from the regular labors of everyday life, can contemplate the spiritual aspects of life, and can spend time with family. Traditionally, on that day three festive meals are eaten — on Shabbat-eve, at lunch, and as an end-of-Shabbat evening meal. The day is also noted for those activities which are prohibited on Shabbat prescribed by Rabbinic Judaism, but not all Jews follow these categories, and Karaite Judaism has its own traditions.
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  4. #34
    Member Array cbigclarke's Avatar
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    i dont drink, so i have no idea
    jersey no more.. im a texan now

  5. #35
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    Quote Originally Posted by Agave View Post
    Heh. The question is why did you go to a restaurant on Sabbath?
    I was wondering that too

    By the way, I know you don't want to hear it but for real......drinking alcohol and having a gun accessible is generally not a good idea. We get on people's case for operating a vehicle while drinking.....just saying. No judging here just food for thought.
    Last edited by J400Cali; March 10th, 2010 at 08:14 AM. Reason: Wanted to add to post.

  6. #36
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    Quote Originally Posted by DaveH View Post
    As it is hard to prove a negative, I have added a question to post # 29.

    Ever case I have heard of was following conviction of one of the listed (manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24).

    It has been sort of a "Oh by the way" follow-on, second-shoe-falling action -- not an initial charge unrelated to other "No-Nos."

    As alway, there may be something I have missed and I am forever learning something from this forum and a few other sites & list- serves.
    Thanks for the info. The way the law is written, there's nothig stopping an LEO from arresting for this as a primary charge without any of the other violations since the law does not objectively define under the influence. Perhaps a good lawyer could get it dropped based on applications of the law, but it is still a bunch of hassle. Since there is a law on the books, it's probably not a good idea to test the waters. There's always a first case in all case law.
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  7. #37
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    Here in Colorado, we can conceal/open carry into any establishment that serves alcohol as long as we are not consuming any alcoholic beverage. Our state statutes dont limit us from CC in many places at all. The big things to remember here is that you cant go into a place armed if there is physical security and electronic screening equipment, no court houses and you must lock your firearm in your vehicle if you are on K-12 school grounds. As for OC, it is legal but definetly not advised in places like the Federal Republic of Boulder or Denver.

  8. #38
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    You are lucky you can carry into restaurants that serve. Here in Ohio we can't...which pretty much takes away the point of CC for me. The times when I'd really like to be able to CC are when I go out to a restaurant in downtown Cleveland or other areas that have a history of violent crime. Damn near every restaurant I go to has a liquor license and is thus off-limits.

    I'd be ok with not drinking while CCing. Or not CCing into a restaurant at the business owner's request, but not being able to CC in these places as a matter of law is very annoying.

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