What is the legal meaning of "agent?"

[cruel butterfly]

I'm trying to find a legal definition that won't make my head spin.

One of my state's liquor regulations states that no employee or agent of the licensee (bar owner, loosely) shall consume alcoholic beverages while "on the clock."

The bylaws of the homeowners' association my husband and I belong to state that any officer, agent, or employee of the association may be removed "at the pleasure of the board of directors."

What, exactly, is meant by "agent" in these contexts?

In the first example, is it a general term for someone who is representative of the bar owner as, say, a member of the band that performs on Friday nights?

In the second example, could it mean a board member that is not an executive officer?

Sorry if this is confusing. I'd be happy to make any clarifications for anyone.

[Oakminster]

agent
n. a person who is authorized to act for another (the agent's principal) through employment, by contract or apparent authority. The importance is that the agent can bind the principal by contract or create liability if he/she causes injury while in the scope of the agency. Who is an agent and what is his/her authority are often difficult and crucial factual issues.

Law.com Law Dictionary

[Elendil's Heir]

In Ohio and most states, an agent is anyone who, with authorization, acts on behalf of someone or something else ("the principal"). Generally speaking, an agent can do things which are binding on the principal, and the person dealing with the agent can rely upon the agent's statements and actions as if they were coming directly from the principal. I believe "agent" would mean pretty much the same thing in both of the examples you provide (and in the second case, would not necessarily be limited to board members, unless the charter or other establishing document provided otherwise).

[cruel butterfly]

Originally Posted by Oakminster

Who is an agent and what is his/her authority are often difficult and crucial factual issues.Law.com Law Dictionary

What factual issues are in question? I don't have a legal mind. What questions might a legal professional ask to determine these things?

If a Board of Directors is formed to act on behalf of an Association whose membership exceeds 200 people, are the members of that Board considered agents of the association?

[TheFifthYear]

I happened to have the agency jury instructions open when I read saw this question. So, if you were on a jury in Illinois, here is how it would likely be explained to you by the judge:

50.05 Agent—Definition

An agent is a person who, by agreement with another called the principal, represents the principal in dealings with third persons or transacts business, manages some affair or does some service for the principal, with or without compensation. The agreement may be oral or written, express or implied.
[If you find that one person has the right to control the actions of another at a given time, you may find that the relation of principal and agent exists, even though the right to control may not have been exercised.]

[Mr. Slant]

I'm going to venture that your local alcohol law enforcement types might very well decide that a band member drinking on stage is acting as an agent of the licensee.
I won't comment on local law, but I will note that in some places, the ALE types will be glad to issue fines and whatnot based on their interpretation and then let you try to explain things to the judge.
This coming from a manager I once had who ran a convenience store with a beer license down south...
Your best bet might actually be to ask your local Coors Cops whether or not they've ever heard of this situation popping up, followed by asking a lawyer who actually handles this kind of situation from time to time.
In a licensee's shoes, prior to doing those things, I'd let the band and all staff know that prior to the end of the show and prior to the end of autograph signing, the band is to have not a drop of alcohol; even before the show, once they've got instruments in the house you could argue that they're in the process of 'setting up'.

Disclaimer: Not a just a random paranoid guy on the 'net. I'm not your lawyer, even if I was a lawyer. My advice will probably get your license revoked, you killed and your family violated in a Turkish prison.

[kunilou]

Originally Posted by cruel butterfly

What factual issues are in question? I don't have a legal mind. What questions might a legal professional ask to determine these things?

If a Board of Directors is formed to act on behalf of an Association whose membership exceeds 200 people, are the members of that Board considered agents of the association?

The members of the Board would be agents only if they had the authority to act individually on behalf of the association. In real-life terms, let's say that means any board member could hire a roofer to fix the leak on unit 1 without the consent of the Board.

If, however, the Board hires a professional property manager to take care of things like leaky roofs, and the manager hires the roofer, than the manager is acting as an agent.

[TheFifthYear]

Originally Posted by kunilou

The members of the Board would be agents only if they had the authority to act individually on behalf of the association. In real-life terms, let's say that means any board member could hire a roofer to fix the leak on unit 1 without the consent of the Board.

If, however, the Board hires a professional property manager to take care of things like leaky roofs, and the manager hires the roofer, than the manager is acting as an agent.

The first paragraph of this answer is almost completely incorrect. I don't have time to summarize this whole body of law, but if you want to google things, the difference between actual and apparent authority would be a good place to start.

[ENugent]

Originally Posted by cruel butterfly

The bylaws of the homeowners' association my husband and I belong to state that any officer, agent, or employee of the association may be removed "at the pleasure of the board of directors."

Whether or not the board members are agents of the association (a question that will probably depend on context, and you don't even want to get started on whether board members might have apparent authority even without actual authority), the bylaws probably also have a specific procedure for drumming out board members, and this procedure is probably what would have to be followed, rather than "the pleasure of the board of directors."

[cruel butterfly]

Originally Posted by ENugent

<snip> this procedure is probably what would have to be followed, rather than "the pleasure of the board of directors."

Oddly enough, that's exactly how the bylaws read

[Giles]

Originally Posted by cruel butterfly

What factual issues are in question? I don't have a legal mind. What questions might a legal professional ask to determine these things?

It's a question of fact in the same sense as whether, in a particular case, A is an employee of B, or A intended to steal from B. The legal definitions may be precise, but facts may be fuzzy.

Suppose I'm the owner of a bar, and I say to my brother, "Look after the bar for a minute for me while I take a leak." My brother is not going to be my employee, because we didn't agree that I pay him, but he may be my agent, because he is authorised to sell drinks, etc., to my customers. (And selling drinks is done by the formation of a contract for the sale of goods.)

Similarly, the band that plays on Saturday nights probably aren't agents -- I haven't authorised them to sell drinks -- but they might, or might not, be employees. It's all a question of fact, which gets decided on evidence, which might be fuzzy and conflicting in a particular case.

That's all that a lawyer means by "It's a factual issue."

(And I am not a lawyer, so don't take this as legal advice.)