# Alcohol/Boats question



## 22 Chuck (Feb 2, 2006)

So in the sub is a road end homeowners boat dock.
Several pontoons are tied up and it is 4th July (or any other evening) for that matter. Some boat owner(s) decide to move the party to the tied up boat(s) and watch the fireworks across the lake.


Court agreement says no alcohol on the access.. Does the open container apply at the dock?
Just the captain or all occupants of the docked boat. 

What about moving the boat 50-100' off shore and anchoring to avoid the court agreement?


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## sparky18181 (Apr 17, 2012)

You are giving tidbits of information here. Not quite understanding your reference to court agreement. What exactly does the court agreement say.


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## Waif (Oct 27, 2013)

Reads like you're trying to split hairs.
The why of the no alcohol has to be considered.
Defining the access boundaries (the where) would be next. If the dock is part of the access , (is it used in combination with the launch?) it's part of the access. No alcohol.
There are at least some waters (lakes in this case) where the bottom is considered a continuation of the shore.
In which case , anchoring would be being on the same pie slice from land until a defined point beyond....
(See what I mean about splitting hairs?)
" No alcohol" does not specify captain or passengers. Making it seem like, no alcohol period. Exclusive , vs. selective.


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## georgeb (Sep 17, 2008)

Talk to a LEO or a lawyer about the laws for alcohol on a boat, they vary for a number of reasons and what you have described there are probably many different laws at play.

if you are on the water there are lots of caveats as to requiring there be a "person in charge" both at anchor and underway. it depends if the boat is a live aboard or not and that qualification can be up for discussion also. The rule of thumb for us drunk blo-boaters was 1 sober adult person "in charge" until we tied up to the dock then it did not matter while on board but did when on the dock or shore. Public docks and marinas are different than private and that is a matter for the professionals to give you the details per your dockage agreement.

I am not a layer nor did I stay at a holiday in last night...


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## Sasquatch Lives (May 23, 2011)

You said no alcohol at the access and the dock is the access right? Seems pretty clear to me.


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## TK81 (Mar 28, 2009)

I agree with Squatch. The dock is part of the access, so no drinking on your boat while it is docked. As you said, move out 50 feet and drop anchor, no problem. Just make sure the captain is under the limit.


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## OH-YEAH!!! (Jun 18, 2009)

TK81 said:


> I agree with Squatch. The dock is part of the access, so no drinking on your boat while it is docked. As you said, move out 50 feet and drop anchor, no problem. Just make sure the captain is under the limit.


If there’s a “Court Agreement” that would be a consent judgment having to do with a lawsuit to litigate the terms of something; most likely the Homeowners Association Agreement terms.

What is the intent of the document? Likely to clarify terms of access to the private lake.

The purpose of no alcohol at the access would be to prevent people from turning it into a party location that interferes with the launching and retrieval of boats. People docking at the access would clearly be an interference with the access.

So, yes, I agree with this interpretation with the facts that can be gleaned from what the OP has stated.


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## TK81 (Mar 28, 2009)

OH-YEAH!!! said:


> If there’s a “Court Agreement” that would be a consent judgment having to do with a lawsuit to litigate the terms of something; most likely the Homeowners Association Agreement terms.
> 
> What is the intent of the document? Likely to clarify terms of access to the private lake.
> 
> ...


Unless of course said complainant can provide evidence that he has been drinking alcohol on the access on a regular basis for the last 15 years. In which case, he might be able to claim prescriptive rights to continue to do so...

At least a lawyer dabbling in riparian law might give it a go.


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## OH-YEAH!!! (Jun 18, 2009)

TK81 said:


> Unless of course said complainant can provide evidence that he has been drinking alcohol on the access on a regular basis for the last 15 years. In which case, he might be able to claim prescriptive rights to continue to do so...
> 
> At least a lawyer dabbling in riparian law might give it a go.


I help people involved in car accidents or bitten by dogs. I’ll take your word for that.


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## Fishndude (Feb 22, 2003)

Has this been bothering you for 8 months, 22 Chuck?


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