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Here’s Your Drive-Thru Daiquiri, Sir. Now Drive Safe, Ya Hear?

on 07/07/11 at 11:22 am

Booze News

The drive-through daiquiri stand is a Louisiana institution, a celebration of the state’s sense of duty in matters of amusement as well as its sense of amusement in matters of law.

Pull up in the carport here at Maggio’s Discount Liquors, listen to the nostalgic ding-ding of a full service gas station and tell the smiling young woman (for the attendants are often smiling young women) what unnatural flavor you prefer: Junglerita? Vodka Freeze? Blue Cactus?

In it comes, through the driver’s side window in a cup with a lid. But see here, Your Honor: the straw itself is handed over separately. Ergo, this is not an illegal open container.

This is one of the many theories in daiquiri stand jurisprudence, a nuanced sphere of law that goes back for years and involves local ordinances and state statutes that address topics like whether a container is open if “a straw protrudes therefrom.” Clarification is as elusive as a pink elephant.

Troy Hebert, the commissioner of the Louisiana Office of Alcohol and Tobacco Control, said that even he was not completely clear on the ins and outs of daiquiri stand compliance. Generally, he said, “the state has recognized that if you put tape around the lid,” you’re O.K.

There is a loophole, however, which in this case is an actual hole. Last year a state senator tried to address the straw issue. “His legislation wanted to outlaw the hole,” Mr. Hebert said. It failed in committee.

{FULL STORY via NY Times}

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