Cape Flyer Discussion

Discussion relating to commuter rail, light rail, and subway operations of the MBTA.

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Re: Cape Flyer Discussion

Postby RenegadeMonster » Fri Sep 21, 2018 1:12 pm

The Cape Flyer is an exception as well right? It has a beer / wine right?

Edit: Also, is a CR train actually a public space as you need to pay to ride? Is that the exception they use to allow beer / wine on the Cape Flyer or do they have some other special exception or license?
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Re: Cape Flyer Discussion

Postby bostontrainguy » Fri Sep 21, 2018 2:05 pm

I remember long ago I took my son to Cape Cod on the old Cape Cod & Hyannis Railroad. We went to the "Bar Car" for a nice breakfast on the way south. However, because he was a minor he was not allowed to sit in the car and we were refused service. Wasn't the most pleasant experience for either of us.
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Re: Cape Flyer Discussion

Postby ExCon90 » Fri Sep 21, 2018 3:05 pm

RenegadeMonster wrote:The Cape Flyer is an exception as well right? It has a beer / wine right?

Edit: Also, is a CR train actually a public space as you need to pay to ride? Is that the exception they use to allow beer / wine on the Cape Flyer or do they have some other special exception or license?

That's an interesting point: is it "public space" if you have to pay to get in? If it's being interpreted that way there would seem to be some wiggle room --there are probably reams of case law defining what "public space" actually means.
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Re: Cape Flyer Discussion

Postby CRail » Fri Sep 21, 2018 5:43 pm

You don’t have to pay to get in. It is not access controlled. Cape Flyer is a chartered train, it is not a service provided by the MBTA.
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Re: Cape Flyer Discussion

Postby Backshophoss » Fri Sep 21, 2018 7:29 pm

Might be because of the booze on board,their liquor licence would be at stake if a state inspector was on board and saw the minor in the car!
That was not the server's choice,that person had to say no.
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Re: Cape Flyer Discussion

Postby Red Wing » Sun Sep 23, 2018 12:01 pm

Open container laws are bylaws or city ordinances. There is no state MGL that restricts you from walking around with an open container. According to the MBTA it would appear they do not have a problem: https://www.mbta.com/safety/violations?from=global-search&query=rules&facets=
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Re: Cape Flyer Discussion

Postby RenegadeMonster » Sun Sep 23, 2018 2:27 pm

Backshophoss wrote:Might be because of the booze on board,their liquor licence would be at stake if a state inspector was on board and saw the minor in the car!
That was not the server's choice,that person had to say no.


Actually it's because liability. There is no law that says a minor can't be in the bar car or an actual bar in Massachusetts.

When outside organizations come in and do training / alcohol sales they way over step what the law actually requires to limit liability.

For example, a couple comes into a store, one is above 21, one' a minor. Under law the sale is not illegal unless it is suspected the alcohol is specifically being purchased for the minor. However, they will train you that you can not make the sale if a minor is present with the exception of kids / grandkids. This is because if the person above 21 furnishes the alcohol to the minor, then the minor gets into a car and has an accident killing someone the store who sold the the alcohol can be held liable and have to pay up if sued. It's basically just a cover your rear type thing to limit as much liability as possible. It's not getting in trouble with the law. It's the lawsuits that have you paying up.

It also leads to thinks like everyone being carded regardless of age at sporting events such as the red sox or NASCAR. No ID, no beer. They don't care if you are 70. Carding everyone in a party regardless of age was what was trained to us, and store policy back when I worked retail management for a couple years after college when we got a liquor license is exactly what we did. Lots of people were angry with us and thought we were "stupid". Actual law says anyone who looks 30 or under should be carded, but store policy was everyone in a party regardless of age and not following that policy could result in termination for the employee. Also put us managers in a sticky spot for lot complaints on us. Once a sale is declined by someone, that's the end of it. It's not legal for someone else at the same store to override that decision. And most everyone wanted to speak to a manager when they were told they could not buy when they didn't have an ID.
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Re: Cape Flyer Discussion

Postby diburning » Mon Sep 24, 2018 6:29 am

I think in most cases, alcohol is prohibited on premises because it's a liability if someone over indulges. If the alcohol is served on the premises, then it would be allowed (but outside alcohol would not be) because the liability falls upon the server to cut the customer off after they've "had enough." If the Cape Flyer didn't have a bar car, and instead had vending machines, for example, alcohol probably wouldn't be allowed.
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