Legal Question in Business Law in California

Restriction of food or drink

I dont know if this exactly falls under business law, but I am going to ask. I have seen all the entertainment businesses, for example movie theatres and sports arenas, that have the requirement of no food or drink from outside sources. Do these places have the right to extend that rule to bottled water. I understand food and soda but not water. Can they tell someone to throw away or drink their water before entering their building? Can they require you purchase their water? How does that work if the person in question does not have the resources to purchase their overpriced water? I recently ran into this issue and am curious as to what restrictions if any there are. Thanks for your help.


Asked on 8/09/05, 12:42 pm

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Restriction of food or drink

Establishments have the right to refuse entry or service to anyone for any reason except those that violate certain rights. If the rule is that you can't bring in outside beverages, then you can't bring them in. It's stupid, but its there.

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Answered on 8/09/05, 1:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Restriction of food or drink

The owner or lessor of a property does not have to let you in at all, so he or she also has the right to make the rules about who can come in and who can't. There are some legal limitations to these rules (a public accommodation, for example, cannot exclude people based upon their race), but not very many. There is nothing improper about barring customers who bring their own water.

If you can't afford the bottled water this business sells, you may be able to find drinking fountains; most theaters and sports venues have them. Otherwise you will either have to come up with the money or not have anything to drink while you are there. If you don't like any of these options, don't go. If enough customers stay away because of this rule, the business might decide to change it.

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Answered on 8/09/05, 1:45 pm
Daniel Harrison Berger Harrison, APC

Re: Restriction of food or drink

You purchase a revocable "license" to enter the premises. They can condition the license on pretty much anything, including bringing in outside food and drink.

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Answered on 8/16/05, 9:24 pm


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