# Could you legally have a business that did not allow teenagers inside?

**URL:** <https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231>\
**Category:** Factual Questions\
**Created:** [November 24, 2008, 11:16am UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231 "2008-11-24T11:16:09Z")\
**Posts on this page:** 17\
**Page:** 2

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [November 24, 2008, 6:01pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/21 "2008-11-24T18:01:52Z")

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> [@Markxxx](#):
>
> How would you enforce it? I could see in a place like a bar with a single entrance where you card everyone but not everyone has an ID. How would you tell an 18 year old from a 17 year old?

Depends on where you draw the line, but if it’s at 16+ just ask for a license and use the same policy bars and places that sell cigarettes and such are supposed to, no ID means no admission.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [November 24, 2008, 6:13pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/22 "2008-11-24T18:13:36Z")

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> [@ZipperJJ](#):
>
> I don’t know if this is where **kittenblue** works, but a [mall in downtown Cleveland](http://www.msnbc.msn.com/id/21582725/) bans all teens after 2:30 PM unless accompanied by an adult.

Purely coincidentally, Tower City is also a huge financial failure. The only thing that keeps people moving through the mall is that it contains downtown’s primary public transit stop-- Nobody drives there, since you have to pay for parking. I would have thought that they’d _encourage_ teens hanging out, since there’s at least a chance they’ll buy something.

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**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\
**Post date:** [November 24, 2008, 6:16pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/23 "2008-11-24T18:16:14Z")

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> [@Myself](#):
>
> My Aunt Carmela’s living room

What’s she selling?

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [November 24, 2008, 6:21pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/24 "2008-11-24T18:21:04Z")

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> [@Santo\_Rugger](#):
>
> The business is not banning teenagers from being there, the government is (except for your aunt’s living room, of course ;)). However, I agree with the general sentiment.

I don’t think my state has a law against minors being in a bar. In fact, I know they don’t, because here it’s legal for a parent to buy and serve their underage child a drink, but good luck convincing a bartender of that! It’s just a lot easier for bar owners to cover their legal ass(ets) by banning those under age. As a parent, I’ve always been able to bring my kid in, introducing him to the owner, saying, “this is my kid, I’m responsible for him he won’t drink, I promise” and then keeping him at my side constantly while we watch whatever band we came to see. I doubt he’d be able to get in on his own, though.

So bars and nightclubs in my state are definitely setting their own age restriction policies.

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**Author:** ![Doug\_Bowe](https://avatars.discourse-cdn.com/v4/letter/d/df788c/32.png) [@Doug\_Bowe](https://boards.straightdope.com/u/Doug_Bowe)\
**Post date:** [November 24, 2008, 6:22pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/25 "2008-11-24T18:22:19Z")

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As a compromise I’ve seen convienence stores limit the number of _students_ in the store at one time.

Anyone else here seen a sign on the door “Only 3 students at a time allowed.?”

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**Author:** ![MLS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MLS](https://boards.straightdope.com/u/MLS)\
**Post date:** [November 24, 2008, 6:30pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/26 "2008-11-24T18:30:41Z")

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> [@Markxxx](#):
>
> How would you enforce it? I could see in a place like a bar with a single entrance where you card everyone but not everyone has an ID. How would you tell an 18 year old from a 17 year old?
> 
> Like at the library kids under 14 have to use the computers for “under 14” but the kids discovered that they can go on the adult computers and if anyone asks they simply say “I’m 15,” and the librarian always accepts it.

I would guess that if one person outside the permitted age limit came in and was quiet and well-behaved, the proprietor would “forget” that he/she was there. OTOH, such a rule would enable the prop. to kick out rowdy and obnoxious types and mobs more easily.

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**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\
**Post date:** [November 24, 2008, 8:44pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/27 "2008-11-24T20:44:05Z")

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> [@WhyNot](#):
>
> So bars and nightclubs in my state are definitely setting their own age restriction policies.

And in multiple states I’ve seen bars/music venues that would have All-ages shows, 18+ shows and 21+ shows on different nights. I assume it’s the venue owners deciding on a show-by-show basis whether enough whippersnappers are going to come to make it worth the hassle of keeping track of who’s allowed to drink, rather than any government decree.

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**Author:** ![SmackFu](https://avatars.discourse-cdn.com/v4/letter/s/53a042/32.png) [@SmackFu](https://boards.straightdope.com/u/SmackFu)\
**Post date:** [November 24, 2008, 9:52pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/28 "2008-11-24T21:52:37Z")

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I do wonder why 18+ shows exist. I guess just to keep out the teenagers.

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**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\
**Post date:** [November 24, 2008, 9:56pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/29 "2008-11-24T21:56:34Z")

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> [@WhyNot](#):
>
> I don’t think my state has a law against minors being in a bar. In fact, I know they don’t, because here it’s legal for a parent to buy and serve their underage child a drink, but good luck convincing a bartender of that! It’s just a lot easier for bar owners to cover their legal ass(ets) by banning those under age. As a parent, I’ve always been able to bring my kid in, introducing him to the owner, saying, “this is my kid, I’m responsible for him he won’t drink, I promise” and then keeping him at my side constantly while we watch whatever band we came to see. I doubt he’d be able to get in on his own, though.
> 
> So bars and nightclubs in my state are definitely setting their own age restriction policies.

They also don’t want to give a seat to someone that certainly won’t be buying high-margin alcoholic drinks–sure, not all the people over 21 do, either, but it’s more likely.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [November 24, 2008, 9:59pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/30 "2008-11-24T21:59:35Z")

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> [@WhyNot](#):
>
> I don’t think my state has a law against minors being in a bar. In fact, I know they don’t, because here it’s legal for a parent to buy and serve their underage child a drink, but good luck convincing a bartender of that!

It’s safer to actually check the laws in your state than go by what people actually do. Does your state actually allow minors to enter a bar while accompanied by an adult? Is it any adult, or only a parent or guardian?

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [November 24, 2008, 10:22pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/31 "2008-11-24T22:22:57Z")

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> [@Duckster](#):
>
> It’s safer to actually check the laws in your state than go by what people actually do. Does your state actually allow minors to enter a bar while accompanied by an adult? Is it any adult, or only a parent or guardian?

Aw, geez, I was looking at [Indiana](http://www.youthrights.org/dastatelist.php), not Illinois! Oops!

Illinois leaves the bar question up to the city or local government:

> [@](#):
>
> Sec. 4‑1. In every city, village or incorporated town, the city council or president and board of trustees, and in counties in respect of territory outside the limits of any such city, village or incorporated town the county board shall have the power by general ordinance or resolution…to regulate or prohibit the presence of persons under the age of 21 on the premises of licensed retail establishments of various kinds and classifications where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; to prohibit any minor from drawing, pouring, or mixing any alcoholic liquor as an employee of any retail licensee; and to prohibit any minor from at any time attending any bar and from drawing, pouring or mixing any alcoholic liquor in any licensed retail premises; and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require

[Illinois General Assembly - Illinois Compiled Statutes](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1404&ChapAct=235%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=26&ChapterName=LIQUOR&ActName=Liquor+Control+Act+of+1934).

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**Author:** ![Harriet\_the\_Spry](https://avatars.discourse-cdn.com/v4/letter/h/e56c9b/32.png) [@Harriet\_the\_Spry](https://boards.straightdope.com/u/Harriet_the_Spry)\
**Post date:** [November 24, 2008, 10:40pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/32 "2008-11-24T22:40:55Z")

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> [@Doug\_Bowe](#):
>
> Anyone else here seen a sign on the door “Only 3 students at a time allowed.?”

Actually, I have seen that.

There is a potential problem with the discretionary enforcement \*\*MLS \*\*mentions. If the policy is differentially enforced against a specific race, then there would be a legal problem. And if it is perceived as differentially enforced against a specific race, the owner would already have a PR problem and need to defend himself against the accusation.

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**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\
**Post date:** [November 25, 2008, 7:55am UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/33 "2008-11-25T07:55:07Z")

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Jeez. I don’t know what stores you guys have in your malls, but if they were to ban teens from our’s, half the mall would be out of business within a year.

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**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\
**Post date:** [November 25, 2008, 11:03am UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/34 "2008-11-25T11:03:51Z")

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> [@Exapno\_Mapcase](#):
>
> Possibly, but possibly not. The malls that ban teenagers allow them in the company of parents. It would be hard to argue that a group of 14-year-olds could be allowed in while 15-year-olds would not be. I’d bet on an immediate lawsuit and I’m not sure the ban would stand. There have been numerous suits over teen curfews, teen restrictions, and teen bannings and many laws and prohibitions have fallen because of them.

What, pray tell, would be the legal basis of a lawsuit? :dubious:

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**Author:** ![Critical1](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@Critical1](https://boards.straightdope.com/u/Critical1)\
**Post date:** [November 25, 2008, 6:46pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/35 "2008-11-25T18:46:29Z")

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> [@SmackFu](#):
>
> I do wonder why 18+ shows exist. I guess just to keep out the teenagers.

adult content, I go to several “Freak Shows” a year where part of the act is something that would be rated r or worse. if the Band has a big enough under 21 draw the venue can make the show 18+ instead of all ages

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**Author:** ![Hirka\_T\_Bawa](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Hirka\_T\_Bawa](https://boards.straightdope.com/u/Hirka_T_Bawa)\
**Post date:** [November 25, 2008, 11:19pm UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/36 "2008-11-25T23:19:54Z")

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> [@Doug\_Bowe](#):
>
> As a compromise I’ve seen convienence stores limit the number of _students_ in the store at one time.
> 
> Anyone else here seen a sign on the door “Only 3 students at a time allowed.?”

I see this notice at a gas station convenience store I frequent. I’ve always wondered how enforceable it is, since I am a 27 year old student going for my Doctorate. Am I allowed in the store with 3 other students in High School?

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**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\
**Post date:** [November 26, 2008, 1:17am UTC](https://boards.straightdope.com/t/could-you-legally-have-a-business-that-did-not-allow-teenagers-inside/474231/37 "2008-11-26T01:17:53Z")

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In some places, it is indeed illegal for businesses to discriminate based on age. [Oregon](http://www.statelawyers.com/Statutes/Index.cfm/StateID:37/ID:69979) prohibits age discrimination against customers 18 or older, but makes exceptions for the drinking age and offering special rates to customers 55 and up. This came up in [another thread](http://boards.straightdope.com/sdmb/showpost.php?p=10439981&postcount=68) a couple weeks ago, and some quick searching revealed that at least California, Illinois, Louisiana, New Hampshire, and Rhode Island also have similar laws, as does [New York City](http://law.onecle.com/new-york/new-york-city-administrative-code/ADC08-107_8-107.html).

(California’s Unruh Civil Rights Act doesn’t specifically mention age, but courts have interpreted it as prohibiting arbitrary age discrimination, and indeed “all arbitrary discrimination by business establishments”.)

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