Liquor Laws – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 You Can’t Drink and Watch Someone Twerk in Mississippi https://legacy.lawstreetmedia.com/blogs/entertainment-blog/cant-drink-watch-someone-twerk-mississippi/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/cant-drink-watch-someone-twerk-mississippi/#respond Mon, 22 Feb 2016 21:29:31 +0000 http://lawstreetmedia.com/?p=50796

In public that is. Home is fair game.

The post You Can’t Drink and Watch Someone Twerk in Mississippi appeared first on Law Street.

]]>
"Bounce Dance Lessons" by [Mikey Wally via Flickr]

The Mississippi Alcohol Beverage Control board has a strict rule about liquor and adult entertainment: they don’t mix. This means no jägerbombs at a strip club, and no vodka sodas at any event they deem “sexual in nature.” The Mississippi ABC is very clear about its policy: in summary, no fun allowed.

This is a pretty hardline rule, intended to prevent sexual entertainment from becoming the booze-soaked mess it should by all rights be. The rule is being called into question after being invoked to cancel a twerk-centric concert by bounce star Big Freedia. The Mississippi ABC threatened The Dollar Box Showroom with fines and revocation of its liquor license if it featured Freedia’s show, due to “potential gyrating.”

Before we address the craziness of this law and its application, there are some questions to answer. Like who is Big Freedia and what is bounce?

Big Freedia, born Freddie Ross, is a hip hop artist hailing from New Orleans. Freedia is the biggest name in bounce music, and has helped bring the genre’s music and dance style to the masses. Rolling Stone even raved over her performance at SXSW in 2013, and that same year Big Freedia also set the Guinness World Record for most amount of people twerking simultaneously.

As for bounce music, the simplest way to describe it is that it’s really, really fun. Check out this video for an example of the dancing associated with bounce, and you’ll see that it’s high-energy, fast-paced, and a far cry from the feeble shakes of Miley Cyrus and the like. The dance is a long-standing element of New Orleans hip hop culture, and has been traced back to dance traditions from sources as varied as Haiti’s gouyad, Jamaica’s whine, and the Ivory Coast’s mapouka–all part of the African diaspora.

The reason that the Mississippi ABC interfered with Freedia’s show at The Dollar Box Showroom in Hattiesburg, Mississippi, is that her performance is considered to be “adult entertainment,” and sexual in nature. In one of the most hilarious interviews in recent memory, Mississippi ABC’s Chief of Enforcement Rusty Hanna explained, “You can’t wear a thong. You must keep the cleft of your buttocks covered, and you cannot simulate a sex act.”

This is bogus for two reasons. Not only because the law is a pretty dumb one, but, moreover, that it’s unevenly enforced. The ABC hasn’t taken this kind of stand against a Beyoncé, Miley Cyrus, or Rihanna concert, all of which feature a heavy dose of hip gyrations and sexually charged dancing. Plus, Freedia’s twerking isn’t designed to titillate a passive viewer like stripping or lap dances. At a Freedia concert, the audience is all twerking along, and attendees are invited to join Freedia on the stage. It’s celebratory and appreciative in a way that a strip performance is not.

I’ll admit a degree of bias towards the free enjoyment of bounce music and the associated dance. I had the pleasure of attending a Big Freedia concert in Washington, D.C., and it took me hours to wipe the smile off of my face after Freedia had left the stage. Not once was I disturbed by a buttock cleft or a sex simulation. So why have the good people of Mississippi been deprived of that joy? Freedia’s not sure why:

“I’ve been there numerous amounts of times already, so I’m not sure who’s pulling this cord or what’s going on up there. But my legal team will be taking action. It’s sad that the fans in Mississippi could not get to see me and indulge and have fun like we normally do. I just played at the Mississippi Coliseum with Lil Wayne and Young Jeezy.”

Many suspect, however, that Freedia’s recent involvement with the Beyoncé song “Formation” may have made her a target for law enforcement officers. Freedia offers backing vocals on Beyoncé’s song about her proud southern black female identity, contributing with her unabashed celebration of southern food. Freedia raps,

I did not come to play with you hoes, haha
I came to slay, bitch
I like cornbreads and collard greens, bitch
Oh, yes, you besta believe it

It’s hard to believe that Freedia’s contribution to Beyoncé’s song could be taken as a criticism of the police, but Beyoncé’s music video and subsequent Super Bowl performance caused a political stir among some groups. Freedia’s association with that Beyoncé song could be the reason she’s under further scrutiny.

If Mississippi is going to stand by a law that prevents someone from drinking liquor while they watch a person strip, they should at least recognize the difference between “adult entertainment” and a dance with strong cultural ties designed to celebrate heritage and inspire bodacious fun.

Sean Simon
Sean Simon is an Editorial News Senior Fellow at Law Street, and a senior at The George Washington University, studying Communications and Psychology. In his spare time, he loves exploring D.C. restaurants, solving crossword puzzles, and watching sad foreign films. Contact Sean at SSimon@LawStreetMedia.com.

The post You Can’t Drink and Watch Someone Twerk in Mississippi appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/entertainment-blog/cant-drink-watch-someone-twerk-mississippi/feed/ 0 50796
Traveling to DC: Here are Your Legal Need to Knows https://legacy.lawstreetmedia.com/news/traveling-dc-legal-need-knows/ https://legacy.lawstreetmedia.com/news/traveling-dc-legal-need-knows/#respond Fri, 25 Apr 2014 16:31:29 +0000 http://lawstreetmedia.wpengine.com/?p=14696

Whether you are moving to Washington DC permanently, attending one of the many universities in the city, or simply visiting, there is always something to do in the city. However, people new to DC and even longtime residents may not know the nuances of the DC code. From smoking outside, drinking in public, or to simply […]

The post Traveling to DC: Here are Your Legal Need to Knows appeared first on Law Street.

]]>

Whether you are moving to Washington DC permanently, attending one of the many universities in the city, or simply visiting, there is always something to do in the city. However, people new to DC and even longtime residents may not know the nuances of the DC code. From smoking outside, drinking in public, or to simply riding a bike, Washington has some unique laws that you may not know about. Read below for a quick breakdown of many of the rules and regulations in our nation’s capital.

This article is meant to be a guide to laws in DC; however, it should not be interpreted as the law itself. To see the actual wording of the laws check out the Official DC Code.

Alcohol

Underage Drinking/Fake ID’s

If a person under the age of 21 is convicted of purchasing, attempting to purchase, posses, or drinking alcoholic beverages they are guilty of a misdemeanor and upon first offense will face a fine of up to $300 and suspension of driving privileges for 90 days.

A person will face the same penalty for falsely representing his or her age, or possess an identification document that is fraudulent in any way for the purpose of buying, possessing, or drinking alcohol.

Bottom Line: Under DC law, it is illegal to drink alcohol underage. If you get caught drinking, possessing, or buying alcohol you will likely face a fine and suspension of your driver’s license.

Providing Alcohol to Minors

If a person who is not a licensed vendor offers, provides, or make alcohol available to someone under the age of 21 they may be face a fine of up to $1,000 and/or be imprisoned for up to 180 days for the first offense.

Open Container/Public Intoxication

No person may drink or possess and open container of an alcohol in a public area. Lawful consumption of alcoholic beverages must be in a public place that is licensed to sell alcoholic beverages, during times that such a place is authorized to sell, or in a private residence with permission of the owner. It is also unlawful in both public and private places for a person to be intoxicated and endanger the safety of himself, herself, or any person or property.

Any person convicted of violating these laws is guilty of a misdemeanor and may be punished with a fine no more than $500 and or up to 90 days in jail.

Bottom line: Under DC law, it is illegal to drink alcohol in public unless you are in an enclosed outside area at a licensed venue. It is also illegal to be drunk and endanger yourself, others, or anyone’s property.

When You Can Buy Alcohol

The Alcoholic Beverage Regulation Administration issues several different classes of licenses, which allow for the sale of alcohol during certain hours.

Class A (Grocery store, liquor store, corner store…): May sell beer, wine, and spirits from 7 am-midnight, Monday-Sunday.

Class B (Grocery or convenience store): May sell beer and wine from 7 am-midnight, Monday-Sunday

Restaurant/Tavern/Night Club/Hotel/Multipurpose Facility: May sell and serve beer, wine, and spirits (depending on type of restaurant license) from 8 am-2 am Monday-Friday, and from 8 am-3 am Saturday-Sunday

Controlled substances

Medical Marijuana

A patient may possess and administer marijuana as well as any other related paraphernalia given that they have a signed written recommendation from a physician operating within DC law. The patient must also register with the mayor, a process which requires providing a copy of a doctor’s written recommendation as well as the designation of a specific dispensary for use by the patient.

Upon registration a patient will receive an identification card for verification by law enforcement, each card must be renewed annually. While use and possession of marijuana is legal for those who are registered, patients are not allowed to operate a vehicle under the influence of marijuana.

Marijuana

Currently, possession of less than 1/2 lb of marijuana is a misdemeanor, which if someone is convicted of can be punished by up to 180 days in jail and or up to a $1,000 fine. However, DC just passed a bill that would decriminalize possession of up to one ounce. Under the new bill, people caught possessing small amounts would only face a $25 fine. The bill was signed by DC Mayor Vincent Gray on March 31, 2014 and now currently faces a 60-day period of congressional review.

Bottom line: Marijuana not obtained through the city’s medical program remains illegal in DC. However, if the current bill passes through the congressional review process penalties for possessing small amounts will dramatically decrease and jail time will no longer be on the table.

Other Controlled Substances

DC law makes possession of an illegal drug, except PCP, a misdemeanor. The punishment for a first offense is up to 180 days in jail and or up to a $1,000 fine. Punishment is largely dependent on the severity of the offense and the substance involved.

DC has five classes of substances ranging from Schedule I characterized by a high potential for abuse and little to no medical value, to Class V characterized by low potential for abuse and dependence as well as widely accepted medical value.

Biking laws

Helmets

It is required for any person under the age of 16 to wear a helmet while biking in public. It is unlawful for any parent or guardian to knowingly allow their child to operate a bicycle without a helmet, an offense that can result in a $25 fine.

Riding a bike

Bicyclists riding on highways are subject to the same duties as drivers of motor vehicles, including traveling in the same direction of traffic. There is no law requiring bicyclists to use provided bike lanes; however, in the Central Business District (CBD) biking on sidewalks is prohibited.

The CBD is defined by the area between 2nd Street NE and SE, D Street SE and SW, 14th Street SW and NW, Constitution Ave NW, 23rd Street NW, and Massachusetts Ave NW (click here for a map). Within the CBD biking is allowed on parks and land owned by the Federal Parks Service.

Bicycles must also be equipped with an “audible warning device” such as a bell, which can be heard at least 100 feet away. Finally, although it is not advisable, there is no law prohibiting cell phone use while biking, as existing laws only apply to motor vehicles.

For further information check out the Pocket Guide to DC Bike Laws provided by the District Department of Transportation

Miscellaneous

Littering: 1st violation is a $75 fine (in a 60 day period)

Crosswalks: An intersection of two or more roadways is considered a crosswalk, whether it is marked or not. Drivers must yield the right of way to pedestrians in both marked and unmarked crosswalks.

Smoking 

DC’s smoke free laws went into full effect in January of 2007, after which point people are no longer able to smoke in public buildings, worksites, restaurants, and bars. The city passed further legislation that prohibits smoking within 25 feet of public parks, playgrounds, recreational centers, and bus stops.

Bottom line: You can only smoke outdoors, in cigar bars, and your residence or a rented hotel room. Otherwise you will face a fine between $10 to $50 on your first offense, and $50 to $100 for subsequent offenses. Simply put, save the cost of a pack of cigarettes and walk outside.

Renting

If you are moving to DC and plan to rent an apartment there are several laws and regulations in place to help protect consumers. Before you submit an application, a potential landlord must disclose: the cost of the non-refundable application, the amount of rent and any surcharges for the unit, the frequency that rent increases may be implemented, the cost of the security deposit (if there is one), and all reports for housing code violations that occurred in the past year.

Bottom Line: look for the important details about the cost and conditions of the building before you submit the application. There are several laws in place to help protect renters, for more information about your rights as a renter and important details about the renal process check out the Washington DC Tenant Survival Guide.

Kevin Rizzo (@kevinrizzo10)

Feature Image Courtesy of [Sgt. Andy Dunaway/U.S Navy via Wikimedia]

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post Traveling to DC: Here are Your Legal Need to Knows appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/traveling-dc-legal-need-knows/feed/ 0 14696