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Alcohol laws/clubs and bars......


orfalot

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I recollect from my younger days that North Carolina had some law that a band couldn't drink alcohol on stage. I still don't know what the exact law is but the new manager of the club we played Friday night insisted we not drink at all for the full time we were in his club. None of us have any problems drinking too much at gigs and add to that we've been supported by the local Budweiser distributor for about 8 years. The club told us that while we were there we were considered employees and that put us under the same restrictions as a bartender or waitress. I think there is such a law but we haven't run into anybody enforcing it in the 10 years we've been together. We might just have to find a new club to take the place of this one, I really want to drink a few beers to loosen up.

 

Any of you folks in other states or NC for that matter ever run into this?

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I haven't heard of that one.

 

In Connecticut, recently, though, I did run into a situation where a club had to appear to not be "paying" us in alcohol by giving out comp drinks. We could swill away, so long as we paid for them.

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Here is the law in VA:

 

Band members drink while playing at the establishment if it is a wine and beer licensed establishment. If it is a mixed beverage licensed establishment they can not.

 

If a mixed beverage licensed establishment, they may drink during a dinner break and after they have finished playing for the evening provided it is not past 2 am.

 

Having said that though, every bar I've seen is different. Some give the band free flowing liquor and beer all night, some just ask you to hide it, some won't let you have it at all.

 

I believe if drinking is an important part of your night and for many people it is, you need to establish with the club manager ahead of time what their guidelines are and either respect that or find somewhere else to play because ultimately it's their license to lose.

 

The one bad instance of this that I can recall is last winter when I was with some friends of mine who were playing a ski resort. Now this band is sponsored by Jagermeister, it's on all of their marketing material, ya can't miss it.

 

During the Friday night show, the band consumed mass quantities of liquor, as usual (purchasing it all themselves.) The manager of the club then got mad because the band was promoting the Jager from the stage ("Hey go buy a shot of Jager.") Which in my opinion was beneficial to the club as well b/c people were indeed buying lots of Jager shots.

 

The singer of the band got a little beligerent when he was told to stop saying it and then started saying stupid things like "Hey go buy a shot of Dr. Pepper...Mmmm...Dr. Pepper." This made the manager mad because he was mocking her. Not professional but you hired a band sponsored by a liquor company, chances are they might promote it from stage.

 

So when they showed up to play Saturday night the manager from the club told them they couldn't drink at all because it was "against abc laws." ???!! Obviously the laws hadn't changed overnight and she had served it to them all night the night before. The band felt like she was being unfair and was just upset at the way the singer reacted the night before. You can't change the rules in the middle of the game right? So they refused to play the show and went home.

 

But I think you'll find that in most clubs that people are pretty consistent in the way they handle the band and alcohol so just find out ahead of time.

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I've played on many NC stages in Greensboro, Winston-Salem, Raleigh, Durham, High-Point, King, Charlotte, and a few other towns where I don't remember the names, and I've always had a faithful shot (or two, or three) of Jack Daniels by my side and no one has said anything to me yet.

 

Oh, and BndGrl, if you remember, I also ran into a little trouble in another bar about promoting alcohol from the stage and decided to make a joke out of it as well...only instead of Dr. Pepper, I said Pepsi.

 

Only differences were, I actually tried to make it funny instead of being belligerent about it, the crowd got the joke, and the club owner was none the wiser. ;)

 

That said, yeah, the owner in question DID shift the goalposts more than a little, so in that sense, I can't say I totally blame the band you mentioned for what they did.

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Originally posted by BndGrl

Here is the law in VA:


Band members drink while playing at the establishment if it is a wine and beer licensed establishment. If it is a mixed beverage licensed establishment they can not.


If a mixed beverage licensed establishment, they may drink during a dinner break and after they have finished playing for the evening provided it is not past 2 am.


Having said that though, every bar I've seen is different. Some give the band free flowing liquor and beer all night, some just ask you to hide it, some won't let you have it at all.


I believe if drinking is an important part of your night and for many people it is, you need to establish with the club manager ahead of time what their guidelines are and either respect that or find somewhere else to play because ultimately it's their license to lose.


The one bad instance of this that I can recall is last winter when I was with some friends of mine who were playing a ski resort. Now this band is sponsored by Jagermeister, it's on all of their marketing material, ya can't miss it.


During the Friday night show, the band consumed mass quantities of liquor, as usual (purchasing it all themselves.) The manager of the club then got mad because the band was promoting the Jager from the stage ("Hey go buy a shot of Jager.") Which in my opinion was beneficial to the club as well b/c people were indeed buying lots of Jager shots.


The singer of the band got a little beligerent when he was told to stop saying it and then started saying stupid things like "Hey go buy a shot of Dr. Pepper...Mmmm...Dr. Pepper." This made the manager mad because he was mocking her. Not professional but you hired a band sponsored by a liquor company, chances are they might promote it from stage.


So when they showed up to play Saturday night the manager from the club told them they couldn't drink at all because it was "against abc laws." ???!! Obviously the laws hadn't changed overnight and she had served it to them all night the night before. The band felt like she was being unfair and was just upset at the way the singer reacted the night before. You can't change the rules in the middle of the game right? So they refused to play the show and went home.


But I think you'll find that in most clubs that people are pretty consistent in the way they handle the band and alcohol so just find out ahead of time.

 

 

Geez, I dunno...if the manager (who's paying you) asks you not to promote anything from stage, it's out of line to get belligerent, period. Paying customers don't like to be subjected to that sort of thing...if I'm paying to eat or drink somewhere, I really don't need commercials coming from the stage. I'm sure the band already had plenty of Jager stuff on their banners, etc. up there.

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Originally posted by Craigv


Geez, I dunno...if the manager (who's paying you) asks you not to promote anything from stage, it's out of line to get belligerent, period. Paying customers don't like to be subjected to that sort of thing...if I'm paying to eat or drink somewhere, I really don't need commercials coming from the stage.

 

 

I'm was thinking the same thing. I'm already whoring myself with some of the songs on my setlist. The thought of snakeoil peddling crap from the stage just gives me the willies.

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Originally posted by Craigv



Geez, I dunno...if the manager (who's paying you) asks you not to promote anything from stage, it's out of line to get belligerent, period.

 

 

I totally agree. I thought he was acting completely unprofessional and understood why she was upset.

 

But it was at that point she shouldn't have served him/them anymore. Instead she continued to serve them the rest of the night and then decide the next day to start enforcing laws. You can't pick and choose when to enforce laws when it's convient for you.

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Some places comp us drinks, some give us a discount, some make us pay full price. *shrug* No big. We've played 'family friendly' venues where we didn't drink anything but water.

 

The hardest thing was telling our 1st drummer he couldn't smoke at the Cancer Walk. "Why the hell not?" Well, um, because it's a CANCER walk, silly.

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Originally posted by BndGrl



I totally agree. I thought he was acting completely unprofessional and understood why she was upset.


But it was at that point she shouldn't have served him/them anymore. Instead she continued to serve them the rest of the night and then decide the next day to start enforcing laws. You can't pick and choose when to enforce laws when it's convient for you.

 

You sure can when it's your place.:) She was obviously breaking their shoes for being asses to her the previous night. I'd say they were lucky to be allowed to return. If it were my place, I'd consider shutting off the stage power and calling it a night.....even if it meant I lost money that night.

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Originally posted by Craigv



If it were my place, I'd consider shutting off the stage power and calling it a night.....even if it meant I lost money that night.

 

 

And that's exactly what she should have done...handled it then.

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We could have been difficult to deal with Friday night if we wanted, they signed our contract and didn't note that provision. We play there 3-4 times a year and have done so for 7 or 8 years now. We've outlasted several managers so far and will probably be around when this guy is long gone. It was our last booking of the year there but we will definitely address that subject before committing to any 2006 dates.

 

I disagree with the way that band handled the situation mocking the manager and all, but..............................our band promotes Budweiser at each and every gig, its on our website, its on our T-shirts(which they supply) and Budweiser has been damn good to us. We give out promotional items, play games and have appearances by the Bud girls, nobody has ever had a problem with that. We make the clubs aware of that relationship before booking them and there is an understanding that we will promote Bud products during our shows. That's just good "in the trenches"marketing.

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To follow the logic of smoking bans (which I find ridiculous), no employees should be allowed to drink at work. What other business are employees allowed to drink while at work?

 

Pretty soon, it will be beaurocrats in some office deciding things for everyone. It seems to be what people want. :mad:

 

Myself, I think it's just up to the bar owner and the band to agree upon things prior to the gig.

 

New circumstances do arise and have to be worked out at the time.

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Originally posted by paostby

To follow the
logic
of smoking bans (which I find ridiculous), no employees should be allowed to drink at work. What other business are employees allowed to drink while at work?

 

Hmmm, second hand drinking? Great taste...less filling...:D

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Originally posted by BndGrl

Here is the law in VA:


Band members drink while playing at the establishment if it is a wine and beer licensed establishment. If it is a mixed beverage licensed establishment they can not.


If a mixed beverage licensed establishment, they may drink during a dinner break and after they have finished playing for the evening provided it is not past 2 am.


Having said that though, every bar I've seen is different. Some give the band free flowing liquor and beer all night, some just ask you to hide it, some won't let you have it at all.


I believe if drinking is an important part of your night and for many people it is, you need to establish with the club manager ahead of time what their guidelines are and either respect that or find somewhere else to play because ultimately it's their license to lose.


The one bad instance of this that I can recall is last winter when I was with some friends of mine who were playing a ski resort. Now this band is sponsored by Jagermeister, it's on all of their marketing material, ya can't miss it.


During the Friday night show, the band consumed mass quantities of liquor, as usual (purchasing it all themselves.) The manager of the club then got mad because the band was promoting the Jager from the stage ("Hey go buy a shot of Jager.") Which in my opinion was beneficial to the club as well b/c people were indeed buying lots of Jager shots.


The singer of the band got a little beligerent when he was told to stop saying it and then started saying stupid things like "Hey go buy a shot of Dr. Pepper...Mmmm...Dr. Pepper." This made the manager mad because he was mocking her. Not professional but you hired a band sponsored by a liquor company, chances are they might promote it from stage.


So when they showed up to play Saturday night the manager from the club told them they couldn't drink at all because it was "against abc laws." ???!! Obviously the laws hadn't changed overnight and she had served it to them all night the night before. The band felt like she was being unfair and was just upset at the way the singer reacted the night before. You can't change the rules in the middle of the game right? So they refused to play the show and went home.


But I think you'll find that in most clubs that people are pretty consistent in the way they handle the band and alcohol so just find out ahead of time.

 

 

 

Hmmm...sounds vaguely familiar...I'm thinking.......no...nevermind!

 

Ski Resorts..."Cold" often describes more than the outside temperature!

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Originally posted by SpacedCowboy

Oh, and BndGrl, if you remember, I also ran into a little trouble in another bar about promoting alcohol from the stage and decided to make a joke out of it as well...only instead of Dr. Pepper, I said Pepsi.


Only differences were, I actually tried to make it funny instead of being belligerent about it, the crowd got the joke, and the club owner was none the wiser.
;)

That said, yeah, the owner in question DID shift the goalposts more than a little, so in that sense, I can't say I totally blame the band you mentioned for what they did.

 

Damn it and I was hoping there was a Pepsi promotion in progress...imagine my disappointment!

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I'm not sure of the actual law in Taxachusetts, but it seems like its up to the individual clubs. Most places don't care as the band is not directly employed by them. Other places have a strict "no drinking" policy to all those performing some type of work at the venue.

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Originally posted by Scafeets

I live and gig in NC: There's no such law. Just some manager being an asshole.

 

 

True. No such law exists in NC.

 

Slyde, I've encountered it a few times, mostly in coastal NC (Southport/Oak Island, Wilm/Wrightsville, Topsail, etc.) and not in several years.

 

The best explanation I've heard is "you're an employee", which is false. You are an independent contractor and not under the same strictures as an employee. Its a power-play. Either the bar owner has had trouble with excessive drinking on stage and is using this BS to solve the problem or the ALE men are feeding it to him and he is too dumb (or intimidated) to call bull{censored} on them.

 

Either way, you're faced with a choice of playing by the house rules or going somewhere else. Bottom line, they don't have to serve you if they don't want to.

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Yeah, I'm not aware of any laws regarding it. Some bars may have their own rules. I played one place that stated (via my agent) that drinking should be kept at a bare minimum if at all. But I've never had a bar say not to drink at all. That would suck.

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Originally posted by RupertB

The best explanation I've heard is "you're an employee", which is false. You are an independent contractor and not under the same strictures as an employee...

 

To a degree, this is true, and I would like it to be.

 

However, you can bet money that the anti-smoking crowd would use this exact argument (i.e. even contractors are employees) to ban smoking to insure a safe atmosphere. You might even agree with this, yourself, if you wanted to ban smoking.

 

It would be interesting to see how this would hold up in court. My guess is that the anti-smokers would make the contractor/employee link viable. Alcohol use would then have to follow the same rules.

 

I can't see how any business could say that drinking on the job promotes safety (which is the ruse of the anti-smoking crowd). OSHA (S=safety) would vehemently disagree.

 

Personally, I think bars should be bars. ;)

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