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Home > General Discussion > VA ABC finds Trolley Pub illegal – also drinking in limos and party buses

VA ABC finds Trolley Pub illegal – also drinking in limos and party buses
  • novasteve May 1, 2013 - 11:59 am #71860 Reply

    Well since not much is legal anymore in MD, they need to leave the state to have any kind of fun. I’m sure O’Malley would like to tax people leaving MD to enjoy activities out of state. That’s progressive.

    vibrancy May 1, 2013 - 12:15 pm #71871 Reply

    @novasteve:  ”If you put a motor on it with open intoxicants on board then there’s a rebuttable presumption the driver has been drinking. The police could make life unpleasant for the driver.”

    Your inability to read, interpret, and comprehend simple statutes is astonishing.  Va Code § 18.2-323.1. clearly excludes the “area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons” from the definition of “passenger area.”  Thus, for vehicles that meet the above definition, no such “rebuttable presumption” will exist, regardless of whether open intoxicants are on board or not.

    You claim to be an attorney?  Lol.

    e1ix0r May 6, 2013 - 8:22 pm #72310 Reply

    “Put a moped-like engine on in and you’ve got a motor vehicle designed for the transportation of persons for compensation.”

    This is indeed what we have done.  Unfortunately the public consumption ban only excludes motorized boats.  So Courthouse Chris was dead on!  Should I make a Duck Trolley??

    vibrancy May 7, 2013 - 8:39 am #72319 Reply

    e1ix0r, I understand that VA ABC has told you that your trolley violates the open container/public consumption laws, but I really don’t see how they can square their interpretation of the law with the plain text of Va Code § 18.2-323.1.  Might be worth getting a citation and challenging it in court if you want the courts to weigh  in on this.

     

    ::Not intended to be legal advice::

    novasteve May 7, 2013 - 8:48 am #72320 Reply

    I saw it parked in front of Velocity 5 over the weekend. So it’s taking people on pub crawls for now?

    e1ix0r May 7, 2013 - 8:53 am #72321 Reply

    Vibrancy,

    It’s my understanding that 323.1 only refers to the driver.  The exception for the passenger compartment in a vehicle for compensation merely rebuts the presumption that the driver has been drinking when there is an open container.

    So our argument, and indeed the argument for all motor carriers that allow passengers to drink (limos, party buses, winery tours) is based on the argument that passengers in a privately chartered motor vehicle are not in public according to 308.  ABC clearly has interpreted it that way for quite some time, as I can’t find a single instance of a passenger in a for hire motor carrier being citing for public consumption.

    e1ix0r May 7, 2013 - 8:54 am #72322 Reply

    Novasteve, yes we’ve been operating for two weeks now without alcohol.  People still have a great time- we’ve worked out drink specials with the bars along the route.

    Anonymous May 7, 2013 - 1:11 pm #72382 Reply

    I think it’s pathetic that Virginia won’t let people have fun.

    I think those who don’t like the Trolley Pub are pathetic too – yes, talking about the losers whining about it on this forum. Go to bed, grandparents, you are losers.

    But man, if Trolley Pub just walked into this without a really good look at the law and consulting with ABC first, that was dumb.

    e1ix0r May 7, 2013 - 1:18 pm #72388 Reply

    sansabelt-

    We’ve been researching the law and talking with the entities for six months now.  The law they are citing is pretty ambiguous and is interpreted differently down in NC…

    Anonymous May 10, 2013 - 12:41 pm #72863 Reply

    Okay, as long as you didn’t walk into this blind. Hope it works out.

    Why do you mention NC? They’re a different state and can interpret their laws differently if they want. I don’t think their precedents matter here.

    I hope you have a good lawyer working the case, and I hope you succeed.

    Quoth the Raven May 10, 2013 - 2:40 pm #72887 Reply

    sansabelt – isn’t time for you to go back to middle school, or are classes over for the day?

    Anonymous May 10, 2013 - 2:55 pm #72891 Reply

    Wow, Raven. How you got that is beyond me. You’re the child here. Adults are talking – go away.

    novasteve May 14, 2013 - 4:42 pm #73347 Reply

    I think the limo/trolley business will like the new NTSB recommendations on .05 BAC. Bars will go out of business left and right in areas where people drive to bars. even restaurants. Drink two glasses of wine with dinner, go to jail.

    Swag May 14, 2013 - 5:09 pm #73353 Reply

    I think the limo/trolley business will like the new NTSB recommendations on .05 BAC. Bars will go out of business left and right in areas where people drive to bars. even restaurants. Drink two glasses of wine with dinner, go to jail.

    Because a dedicated thread just wasn’t enough.

    We get it: OMG FREEEEDOOOOMMMMMM! Doesn’t mean you have to spew it all over the forums.

    novasteve May 14, 2013 - 5:12 pm #73355 Reply

    You don’t think the beer trolley people are interested in this news? They can advertise “hey, if you drive and have just two, when you next poo, it will be in jail” or something like that. But people can get hammered taking the beer trolley.

     

    Also keep in mind busses don’t run late and meteo is unrealiable as hell. Think of what this will mean for restaurants in Virginia if they lower BAC to .05

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