Article Spotlight

The 8 Dumbest Restaurant Laws

Want to enjoy a Bloody Mary with your eggs and bacon? Or pair your happy-hour beer with a handful of pretzels? In the words of Sally Struthers – sure, we all do. But if you live in a state with ridiculous rules on the books, you may be prevented from behaving just how nature intended. Here are the eight stupidest statutes that we could dig up.

1. No booze before noon: Early-risers in NYC hoping to enjoy a mimosa or Bloody Mary at Sunday brunch are, to put it bluntly, SOL. A holdover blue law – a regulation meant to limit activities on Sunday (when you should be in church, ahem) – prohibits restaurants and bars from serving drinks until noon on Sundays. Of course, those most in need of a little hair of the dog are those least likely to be anywhere before noon anyway. But morning lushes, you have now been warned; plan accordingly.

2. No buying drinks for female bartenders: Lonely men looking for the hot lady bartenders of their dreams are at a distinct disadvantage in Maryland, where state law makes it illegal to send female barkeeps a cocktail. Note to lovelorn dudes: we are not aware of any law restricting large tips.

3. Beer and pretzels can’t mix: We have some bad news for pretzel lovers in North Dakota. State law prohibits restaurants and bars from serving the popular bar snack and beer at the same time. This might be the reason God invented corn nuts and wasabi peas.

4. Security guards are required: An ordinance proposed by the city council but rejected by the mayor would have required, restaurants in Newark, NJ, that serve 15 or fewer people and want to stay open later than 9 PM to hire armed guards. At least it would have been the safest sandwich experience you’ve ever had (then again, it is Newark, so we suppose it’s better than the patrons arming themselves).

5. You can’t be drunk in a bar: This one seems way too dumb to be true, like airport security frisking babies, or banning raisins in cookies, but true it is. A broad law in Texas makes it legal for cops to go anywhere – including a bar or restaurant – and arrest people for public intoxication. The sad truth about this one is that less-than-ethical officers are using the protection of this law to target minorities they suspect of being undocumented immigrants. Stay classy, Texas. Oh wait, that might be easier said than done.

6. You can’t drink on Election Day: Positively sick about the state of the union? (Tell us about it.) Even sicker to learn your candidate is trailing in the polls on voting day? Well, if you live in South Carolina, don’t expect to drown your sorrows at your favorite bar or restaurant. An archaic law initially meant to prevent slimy political operatives from plying voters with drinks and then escorting them to the polls makes it illegal for restaurants to serve alcohol on Election Day. It’s also illegal for stores to sell alcohol on that day too. It is not, however, illegal for people to stockpile beer, wine and liquor on the day before Election Day. Just sayin’.

7. You can’t take it with you: Many states agree that allowing diners to take home their unfinished bottles of wine rather than overimbibing leads to responsible activities like walking without stumbling and driving home sober. Not so in Mississippi, where re-corking is not allowed. Lame.

8. If you drink, you must eat: Utah has come a long way from the days when bartenders had to be separated from patrons by a partition (so that they wouldn’t be tempted by the mere sight of alcohol) and would-be drinkers could only gain entry to a bar if they had a previously purchased membership. But it’s still illegal to serve restaurant diners a drink if they’re not also ordering food. Also illegal? Drink specials of any kind. The silver lining? Las Vegas is right next door.

Honorable mention: In Massachusetts, happy-hour deals are illegal. If frat boys could ever shake those hangovers from their keg parties, they would so organize and protest this.  

Posted on August 16, 2011 11:22

65 Comments

Didn't your mom tell you that anyone who continuously uses the word "classy" isn't?

Published August 23, 2011
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Hi, how about making restaurants more accessible to people with disabilities? I'd like to see more braille menus and ramps instead of stairs. I happen to be a blind food critic, please check out my blog:
www.blindtastetest.net

Published August 23, 2011

Yeh, those laws are weird. But, I don't drink so I could care less about them.

Published August 23, 2011

BOYB is illegal in many places. Who really cares? Is this one of those things worth arguing over? Really?

Published August 22, 2011

BYOB or "corkage" is illegal in Maui County, State of Hawaii, but not in Honolulu on the island of Oahu!

Published August 19, 2011
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The Newark comment was uncalled for, but the implication that Texans are not classy is over the line. The most recent things I have gotten from Zagat have been disappointing for what I thought was a classy organization. I do not know if you are going for a younger crowd (and therefore think you need to be smutty or insulting) but this is not what I signed up for. Before you make "classy" jokes about someone else, get some of your own.

Published August 19, 2011

Ha, these comments are unreal.
It is just like Texans to give the snipe to Newark a pass but go on and on about the one served to Texas in this article.
Face it Texas, you are as much fun to make fun of as Jersey, learn how to roll with it!

Published August 19, 2011
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American teens have been using Mexican border towns for their drinking binges forever (and moreso since raising the drinking age here to 21). Can you imagine the uproar here if Mexican authorities started targeting visibly intoxicated Americans who trash their towns and head for the border (driving drunk)?

I have several Latino friends who live in Texas who are routinely stopped and harrassed by law enforcement for driving (or walking, or sipping a drink) while Brown. And my friends are doctors, lawyers, and professors some of whose families have been established in Texas for hundreds of years -- long before that state was stolen from Mexicao in war.

However, the author's political slant in the comments was uncalled for (that is, disparaging all Texans) but her citing of the abuse of the law by a renegade few vigilante law enforcement folks (with an agenda other than protecting the public) to target anyone who looks South of the Border should be reviled by everyone of every political stripe. The very fact that it is a useful law for legitimate law-enforcement officers to use to pre-empt the danger that might be posed by clearly drunk and disorderly people should mean everyone should stand up to not allowing abuse of the law for other purposes. And all those potential drunks stopped (especially while in a bar) should always meet a minimum threshold of potentially posing a true threat (ie - they are beligerent or show intent to drive a vehicle).

I blame the editor more than the author -- who did some good research and added some clever asides and comments. Before hitting that publish button, the editor should do the job of representing the company's and it's memberships
best interests. Stories should stay on-target and relevant to the goals of the site -- none of which are to insult subscribers, express political views, or offend anyone with an "us"/"them" approach.

Published August 19, 2011
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The headline was quite specific about the content of the article. You need not click through if such topics do not interest you. But the owners of the site can tell quite easily how popular their various articles are based, primarily, on click throughs and the overwhelming number of positive comments.

I do believe, however, that any type of articles about the food service industry and related issues --heavy or light -- should be free of political commentary and snipes. It is unnecessary and unprofessional to mix food and politics.

Published August 19, 2011

Food, booze and politics have been combined for thousands of years.

Published August 19, 2011
  • Foodie

There are dry areas in Texas where no liquor or alcohol is served or sold. At some hotels, within them though, one can optionally "purchase" a "membership" to a "club" and have a drink in there. One other humorous note is that there is a "Please check your handguns with the hostess." sign. (Texas Rangers are exempted - honest)

Published August 18, 2011

I think this writer nailed it! These laws are completely ridiculous and she is using humor, much the same way Mark Twain, Mark Russell and other commentators have done in the past, to illustrate her point. And suggesting such editorial doesn’t belong in Zagat is entirely contradictory to its very existence! Editorial comments are the sole purpose behind this user-driven review system and anyone who has ever read a negative review on the site or in their books knows exactly what I am talking about.

Published August 18, 2011

Don't forget Oregon where happy hour is technically legal, but it is illegal to advertise is it (only signs on the interior of the premises are allowed).

Published August 18, 2011

Fun, light hearted humour. Nice article. However, seems there are some really sensitive folks out there. No doubt, if our "America loving governor" also wanted to secede from the union, we might be a little too insecure to laugh at ourselves.

Published August 18, 2011

Although not legislation, at Union Oyster House in Boston if you are dining alone, you may not purchase a bottle of wine but must consume by the glass.

Published August 18, 2011
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Add New Mexico to the list of "No Drinking on Election Day". The other day of the year? Christmas, naturally. Go figure! Oh, and in Vermont, you must finish the drink in front of you before you can order another. Thanks for this piece -- I'm perplexed at the array of negative comments. Maybe they're all teetotalers?

Published August 18, 2011

Once again what could have been an interesting story turns into a writer making her political views the center of attention. I think Emily Rothschild has no business writing anything without a disclaimer saying the views presented are her own and do not reflect the owner of this site. Although, this makes me start to wonder if maybe Zagat has a hidden agenda, since they sent the story out as the headline of an e-mail. Come on people...please just give us good writing and leave out the personal opinions that have absolutely no bearing on the story. Stay classy Zagat.

Published August 18, 2011

I must say I am far more surprised at the vehemence of some of these comments than I am at the initial eight points. Sensitive?

Published August 18, 2011
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Bye.

Published August 18, 2011

To add to the no booze before noon on Sunday law which is common all over the country, Newark Airport, part of the terminal is a No Booze before noon, because it is within the city limits, the other half of the airport is in the county so booze anytime.

Published August 18, 2011
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Cheap shots at Texas and quasi political commentary are not why I subscribed to Zagats. Please refrain and stop the cheap headlined emails.

Published August 18, 2011
  • Foodie
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Lighten up Larry! It looks like you just joined. As a long-time ZAGATer I like these little excursions.

Published August 18, 2011
  • Foodie
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Lighten up Larry! It looks like you just joined. As a long-time ZAGATer I like these little excursions.

Published August 18, 2011
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I just joined Zagat's online for, crazily, opinions on restaurants, not laws. I will not renew.

Published August 18, 2011

Ah shucks. We'll miss ya.

Published August 25, 2011
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Another "Honerable Mention" should go to Vermont, where it is illegal to have more than one drink in front of you at a time at the bar. So much for the apres ski shot and a beer.

Published August 18, 2011
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" this law to target minorities they suspect of being undocumented immigrants. Stay classy, Texas."

Does this mean it's OK to target non minority illegal immigrants? And why is it OK to be an illegal? And why will it be OK for you to make political statements and my comments inappropriate?

Published August 18, 2011
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In the U.K. restaurants in many cases refuse to serve hamburgers other than well cooked....but may have steak tartare on the menu!

Published August 18, 2011
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I must admit, I feel the caliber of Zagat's editorials have taken a nose-dive recently... these overly sensational titles are followed up with under-researched data that shows little to no forethought.

Published August 18, 2011
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It's worth noting that many restrictive laws have been repealed. It was once illegal for a New York State liquor store to sell a corkscrew or hold a wine tasting. (And this in a wine-producing state!) When I was growing up in Cincinnati, Ohio forbade all liquor sales on Sunday. Hence all bars and restaurants were closed on the Sabbath, while business was booming across the river in Kentucky. Convention and tourism officials in Cleveland, Columbus, and other cities protested, and the blue law was eventually repealed. Kentucky, home to many Bourbon distillers, still has lower liquor taxes and the enormous store next to the Great Cincinnati Airport (in Florence, KY) does much of its business with Ohio travelers seeking bargains. At least Ohio has streamlined its State Stores, which were once Soviet-style establishments where it took three clerks to deliver a single bottle. (And no, I am not kidding!)

Published August 18, 2011
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In OK you can't buy cold beer at a bottle shop. Not sure what this accomplishes - other than to limit having micro brews that need to be refrigerated on your sales list.

Published August 18, 2011
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Whoever wrote this trash (and the editor who permitted it to be posted to the web) should be terminated. There are plenty of hack political sites on the web for someone to spew hatred and insults at the inhabitants (or just law enforcement officers) of an entire State; just because your political leanings don't align with the majority of said State's voters. The trash in #5 does NOT belong on a Food / Wine / Entertainment review site. Insinuating via verbal tone that Texan's are racists who pick on illegal immigrants (excuse me ... undocumented workers) through use of "Dumb" laws is pathetic. (By the way, does the writer also seem to insinuate that these poor "undocumented workers" are a bunch of DRUNKS??? If they are sober, how are they breaking THIS law .... let's forget about the laws they have broken by entering the country illegally in the first place.) I've subscribed to Zagat.com since 2002 and purchased print editions before that. If this is the kind of garbage my subscription fees support; then it is time for gayot.com or some other review site. If I want to read (or watch) insulting tripe, I can always turn to MSNBC. (BTW, if more states enacted Dumb law # 6; perhaps we wouldn't be in such a pathetic economic mess!)

Published August 17, 2011
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Amen. This article should be sent back to the kitchen.

Published August 18, 2011
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Amen. This article should be sent back to the kitchen.

Published August 18, 2011

Foooo! What a knee-jerk twit! Did you READ what was written? Are you so daaaaammmmm ANGRY that you can't see your own nose? I will not comment any further than to say that too many commentors on these articles are just using these as a rant in lieu of their apparent illiteracy.

Published August 18, 2011
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Yes, Did You?????? I have friends in law enforcement and have heard countless stories about incidents in bars. The idea isn't to unfairly target anyone; it's to protect the public from drunks who get out of control to the point of being offensive and belligerent. With all of the legal BS and lawsuits going around; this is a tool to keep drunks from hurting themselves or others. Rather than having to wait for a drunk to actually assault or otherwise harm someone else; officers can quickly intervene and detain someone who appears to be a potential threat to others. Don't forget, if they are not noticeably intoxicated and subsequently fail a Blood-Alcohol test, then they can not be legally charged with P.I. As the saying goes "Drink Responsibly!!!"

Published August 18, 2011
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Think again before being so judgmental. Driving drunk and destroying the lives of innocents is the greater evil. I could send you hundreds and hundreds of newspaper clippings about people murdered by drunk drivers in Texas, of which a disproportionate number of the drunks are Mexican males between the ages of 18 and 40. It's incredible just how many are illegal aliens. Why? Could it be because Texas is a border state and the Feds do a poor job of policing the border? . But it is a very serious problem. Sorry folks, public safety trumps political correctness in Texas. We don't support discrimination against any ethnicity, but we do discriminate against drunk drivers regardless of citizenship. Most drunks in a bar drive home at closing time. Better to arrest them BEFORE they kill someone. THAT's why we let cops come in to bars and arrest for public intoxication. Duh! Why didn't YOU think of that?

Published August 17, 2011

You are just as bad as the other guy: 100s and 100s of clippings? Where do you get all of these clippings about bad, drunken Mexicans? Do you have a PR subscription of some kind?

BUT: Bar/Restaraunt does have the right and responsibility of cutting off those deemed too drunk. Anywhere. Anytime. In this country. It's called the Dram Shop Law. If they need cops to come in and help them enforce it, it is better than the drunken one being hospitalized or the perpetrator of someone's death. In many bars, not just in Texas, a bartender's life can be on the line for refusing to serve a drink to a drunk. If my bartender friend in Minneapolis, Minnesota, in a nice Sunday brunch place, got to call a cop to help him, he would still be alive. BTW, the killer was a stupid, drunken little white guy who had a concealed handgun. My friend, the staff and many of the clientele were also white. It seems like an extreme thing in civilized world. But anytime alcohol is around, civilization can evaporate!

Published August 18, 2011

removed for misspelling

Published August 18, 2011
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"Sorry folks, public safety trumps political correctness in Texas. "

By this reasoning, you will support laws restricting the possession of firearms. It's about time!

Published August 17, 2011
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The research findings are overwhelming: more guns in the hands of private citizens is correlated with lower crime rates. Public safety is diminished, not increased, by so-called "gun control" laws, which do not inhibit criminals from getting guns.

Published August 18, 2011
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Typical liberal tripe. Drunk driving is dangerous, illegal and irresponsible. Public intoxication is simply a sign of bad judgement. In Texas, responsible citizens who pass background checks are allowed the privilege of a Concealed Handgun Permit. Since this law was enacted, violent crime in the State has declined dramatically. (Criminal scum think twice about attacking someone; when that person may pull a gun on them and shoot in self-defense.) I feel far safer in just about any corner of Texas (outside of border towns with drug-cartel violence) than most of DC; where legally owning a gun is virtually impossible.

Published August 18, 2011

I'm not sure if this is still the case, but it used to be that restaurants could not sell food for carry-out service on Sundays in South Holland, Illinois. So, if you went to a fast-food restaurant, they could not put the food in a bag to go.

If the restaurant had no seating area, then it basically couldn't open on Sundays.

This goes back to when many of the town's residents were of Dutch heritage and consequently belonged to the Dutch Reformed Church.

Published August 17, 2011

I'm not sure if this is still the case, but it used to be that restaurants could not sell food for carry-out service on Sundays in South Holland, Illinois. So, if you went to a fast-food restaurant, they could not put the food in a bag to go.

If the restaurant had no seating area, then it basically couldn't open on Sundays.

This goes back to when many of the town's residents were of Dutch heritage and consequently belonged to the Dutch Reformed Church.

Published August 17, 2011

Back when I was stationed in Maine, it was against the law to carry a drink from one table to another.

Published August 17, 2011

If you're not an illegal why would you worry?

Published August 17, 2011

I hated those NY State Blue laws ever since I was a teenager (long, long ago) and couldn't buy beer on the way to Rockaway Beach on Sunday mornings in the summer.

Published August 17, 2011
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New York State used to have the "no alcohol on Election Day" rule until one year when the Village Election Day (always in March) fell on St. Patrick's Day. There was such an outcry (publicized and aided by me as a journalist at the time) that the law got changed.

Published August 17, 2011

Targeting immigrants in any way shape or form is wrong. Racial profiling is wrong. In Texas, if police are entering bars specifically to arrest suspected immigrants who might be drinking and minding their own business, then the police are abusing their authority.

Published August 17, 2011
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Think again before being so judgmental. Driving drunk and destroying the lives of innocents is the greater evil. I could send you hundreds and hundreds of newspaper clippings about people murdered by drunk drivers in Texas, of which a disproportionate number of the drunks are Mexican males between the ages of 18 and 40. It's incredible just how many are illegal aliens. Why? Could it be becasue Texas is a border state and the Feds do a poor job of policing the border? . But it is a very serious problem. Sorry folks, public safety trumps political correctness in Texas. We don't support discrimination against any ethnicity, but we do discriminate against drunk drivers regardless of citizenship. Most drunks in a bar drive home at closing time. Better to arrest them BEFORE they kill someone. THAT's why we let cops come in to bars and arrest for public intoxication. Duh! Why didn't YOU think of that?

Published August 17, 2011