Podcast 103: Being Bored in Vegas; Dram Shop Laws and Premise Liability

Podcast 103, 1/27/13 … Jason relates the sad tale of a friend who gets bored easily in Sin City, then Tony picks up an old thread by detailing Michigan’s laws about a cigar lounge’s legal liability for people drinking on site.

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5 thoughts on “Podcast 103: Being Bored in Vegas; Dram Shop Laws and Premise Liability

    • Mike Reply

      But one part of my question wasn’t tackled: Is it OK for a cigar shop — or any unlicensed business — to allow customers to BYOB (presuming everyone is above 21)? I didn’t think this was really allowed in Michigan.

  1. Tony Reply

    Jason and I podcasted on Saturday and we addressed your follow-up blog post
    question. Unfortunately, some how the file got ruined and the entire podcast
    we recorded was lost. So I thought I’d drop you a quite note…

    It is unlawful for a cigar shop to permit alcohol on its premises. I’ve
    learned that this requirement expressly stated on the cigar shops renewal form.
    What’s happening is that the Department of Community Mental Health (the Dept
    responsible for enforcing the Clean Air Act) is only now begining to enforce the
    no alcohol provision which they have created. The actual statute is mute on
    this, it’s a Dept rule created by DCH.

    As for alcohol on the premises for other locations, to be honest, I really
    don’t know. I don’t know of a state statute nor a Liquior Control Commission
    agency-rule which expressly forbids alcohol on the premises of non-bar
    establishments. What you would probably need to be more concerned about is
    getting arrested for possessing open alcohol while wandering the aisles of Art
    Van with a beer in hand. =)

    Hope this help!


  2. Mike Reply

    Thanks guys. That must have something to do with the smoking law and the way it separates cigar shops from cigar bars, where food/drink is permitted.

    I wonder if shops will really start watching this. I have noted a number of cigar shops actually have cigar bar licenses so they can serve alcohol or food if they have the right permits.

  3. AccessVegas Reply

    Just finished off this episode while enjoying a Gran Habano Vintage 2002 (very decent for the money). I think this discussion was something that is important for ALL of us to know, so we can be very careful to not legally injure our local shop legally. As was noted, the last thing we need to do is cause any problems or business issues to our local cigar shops above the complete BS (business legalities and licenses, tobacco laws and taxes, and the like).

    For many both in the US and around the world, our cigar shop is the last bastion of comfort where we can appreciate our hobby and the camaraderie in a heated/cooled, friendly environment.

    Per getting bored in Vegas: Some people simply don’t like “anything” in life. Cigars? Not interested. Thrill rides? Not interested. Fine dining? Not interested. It sounds like your friend might fall into that category. Or, he may fall into the “does not try new things” category (as dictated by staying at the same place 5 times).

    But… Las Vegas really does have something for everybody. And I mean EVERYBODY. I completely agree with your encouragement that he do some more homework and look for things to try that may be up his alley.

    The projected casino win on an average sports bet (even in the thousands) isn’t much. Here’s why I believe they have started “wining and dining” him: It sounds like he had a betting pattern that reflects pressing his bets. He won more, he bet more. This is the kind of person who will usually gamble away their bankroll.

    Think in terms of someone who flat-bets at blackjack. (Same bet every hand). That won’t do the casino much good. They LOVE to see people pressing their bets. They now know that your friend will keep betting his winnings, pressing his sports bets, and isn’t scared to ramp it up and place those $5000 bets. He’s the kind of guy they want to cultivate and hopes he eventually has no problems pressing all his winnings into the five-figure per bet range.

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