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Reselling food/drink

Discussion in 'Copyright, Trademark, Patent Law' started by ace123, Feb 18, 2010.

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  1. ace123

    ace123 Law Topic Starter New Member

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    I'd like to know if it would be illegal, or what I would have to do, in order to do the following.

    Some one tells me they want a big mac meal and a dunkin donuts coffee, i tell them how much, go to those places, pick up the food, and than deliver it to them. I'm not touching/preparing the food (its in the bag/cup).

    I'm unsure if selling someone elses prepared food/drink would be allowed?
    What are your thoughts on if this would be ok or what process I'd have to go through to let this be allowed?

    Thank you.
    ace-
     
  2. jharris352

    jharris352 New Member

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    As long as you are not inventorying items you are not selling the item you are selling the service of going to pick it up and deliver it. That is perfectly legal.
     
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  3. ace123

    ace123 Law Topic Starter New Member

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    thanks for the quick response. much appreciated
     
  4. ace123

    ace123 Law Topic Starter New Member

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    on a related note:

    What problems would I face in trying to deliver alcohol/ciggs and anything else you must be of age for? Would I need licenses? Is it even worth looking into?
     
  5. mightymoose

    mightymoose Moderator

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    You aren't selling the items, you are providing a delivery service. As for alcohol/cigs, you would face criminal penalties if caught providing them to people that are underage.
     
  6. ace123

    ace123 Law Topic Starter New Member

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    so for the alcohol delivery it would be up to me to verify the age of the recipient? They have a portable machine you can check IDs on. So since Im delivering the alcohol I wouldn't need a liquor license? Or is it completely illegal/legal to deliver items like that? It seems like I would need some sort of license or permission to deliver items of that nature.
     
  7. army judge

    army judge Super Moderator

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    You should check with the local authorities in your area.

    Generally speaking, you'd have to verify the ages of recipients of alcohol or cigarettes.

    You wouldn't need a license to sell alcohol or tobacco.

    But, check with the local authorities.

    There are also businesses in larger cities that do what you propose.

    You might wish to contact a few of them, too.

    Taxi companies have been doing this with no hitches since I was a boy.

    I remember an uncle, who was an invalid, having cigarettes delivered by a local cab company when I was about 9 years old.

    But, that was in the middle of the last century. :)


    Sent from my iPhone using Tapatalk
     
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  8. ace123

    ace123 Law Topic Starter New Member

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    army judge,

    thanks for the response.

    I contacted the local DA. they said call an attorney. Attorney wont give out any information without big bucks per hour (obviously). He mentioned though the ABC in NYS here and what they will require.

    The thing I'm confused with is the above posters said I'm not selling the items, I'm providing a delivery service. Does this apply with the alcohol and ciggs though? I went to the ABC website and articles 116 and 117 specify delivery of alcoholic beverages and they clearly state that no one shall deliver alcohol without working for a business with a license to serve/sell alcohol. Would this apply to me as well, if i own my own delivery service? I'm not technically selling the alcohol, only providing the delivery service.

    I'm confused and looking for some help.

    thanks again,
    ace-
     
  9. army judge

    army judge Super Moderator

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    The term delivery as used in your reference above reads as serve.

    You are not serving alcohol, you are merely transporting it.

    Hence, I read that as you're not serving (or delivering) according to your reference.

    Think of it this way, ace:
    It isn't uncommon for Old Lady Walters or Old Man Brown to call the local cab company. They tell the dispatcher they'd like a driver to pick up two packs of Camels. The dispatcher tells driver Davis to get them and take them to their home. He does so, and charges the fare from the store to their home, plus the price of the cigarettes. They pay and away driver Davis leaves.

    I know about this, because while an undergrad in college , I drove taxi part-time. I'd often get these calls.

    Now, NY is a strange place. I didn't drive in NY. NY may have tougher laws. I can only say that I see no illegality in what you propose.

    You can request a written ruling from your local DA or NY State Attorney General. That is one way to determine if what you propose is legal in NY state.
     
    Last edited: Feb 19, 2010
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  10. ace123

    ace123 Law Topic Starter New Member

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    army judge-

    i hate to keep this going but here is an excerpt from the ABC of NYS detailing the delivery of alcohol.

    116. Deliveries of alcoholic beverages. No alcoholic beverage shall
    be transported within this state by any vehicle unless such vehicle is
    owned and operated, or hired and operated by a licensee and unless there
    shall be attached to or inscribed upon both sides of such vehicle so as
    to be visible from a reasonable distance, a sign setting forth the name
    and address of such licensee in such form and with such additional
    information as the liquor authority may prescribe

    This sounds like it covers deliveries because it specifically says transport. Does this change your advice in any way?
     
  11. army judge

    army judge Super Moderator

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    That might change my understanding.
    You could give up on the idea of alcohol beverages.
    The best thing to do is write a letter to the Authority asking them for guidance on this issue.
    But, if you read it literally, no one could buy alcohol and take it home for their consumption, or buy large quantities for parties.
    How could you TRANSPORT them after purchase to give as gifts or personal consumption?
    The regulation is at best vague and ambiguous.
     

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