[Dixielandjazz] Alcohol On Band Stand

[TCASHWIGG at aol.com]

In a message dated 5/11/04 8:05:33 AM Pacific Daylight Time, 
robert at ringwald.com writes:

> 
> >
> Bob Finch originally wrote:
> 
> >There can not be a free drink served on the bandstand at any festival in
> >California. It is not under the control of the festivals but the ABC
> >(Alcoholic Beverage Control) a government bureau.
> 
> 
> 
To clarify the law for those musicians who might be in a fog about it>

The Alcoholic Beverage Board laws forbid the giving away of alcoholic 
beverages period, as it is a controlled substance ( althought we all know it is often 
out of control not to mentionthe folks who partake too much )   If de shoe 
fit wear it!

There is nothing illegal about having a free drink on the bandstand, just so 
long as SOMEONE PAID for it, which would legally include a Fan, yourself, the 
promoter, the volunteer, or a homeless guy.   Your standard answer is simply 
that some guy or lady  in the audience bought it for me.   Therefore if the 
organizers give you drink tickets, they in essence should be paying into the 
alcoholic beverages sales income pot to legalize it and consider it part of your 
compensation as an employee.

The idea here is that all alcoholic drinks are and should be accounted for on 
a business basis, if the promoter wants a drink he/she should also pay for 
it, it is alos politically motivated folks because you have topay taxes on the 
alcoholic beverage sales and every fre drink deprives the state Franchise Tax 
Board of their 8.25% cut of the sales price.

I think maybe we got a bit off the actual interpretation of the matter by 
saying that the Free drinks for musicians was a no -no,  the theory behind it I 
believe is for liabitlity purposes, if you bought the drink you are responsible 
for what happens and what you do if you drink it, provided of course you 
drink responsibly, but that's not the folks the law was written for now is it.

Dat's da way I sees it anyway.

Cheers, and drink up California needs the money, and don't forget to tip the 
bartender so he can buy you another drink and send it up to the stage.  

Tom Wiggins