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Old Jun 5, 2014 | 11:52 am
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robsaw
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Originally Posted by MonThruThurs
Agreed.

Airlines do not have to abide by state liquor laws as their business falls under interstate commerce. A liquor license is needed for purchasing, not serving, alcohol -- which for Alaska probably is WA, AK, CA, and maybe NV.

Precedent for this was established after US Airways called New Mexico's bluff after the state banned US from using its airspace for over serving a passenger.
While the Federal Court of Appeal overturned the US District court ruling against US Airways it wasn't because of interstate commerce but because of federal preemption of New Mexico state law by federal regulation of all airline services (including service of alcohol) through various federal statutes. In fact the court noted that interstate commerce is NOT solely the domain of the federal gov't but could create conflicts. However, that matter deals with the movement of liquor across state lines into or out of New Mexico and not the service of liquor onboard aircraft.

The matter was sent back to US District Court by the Federal Appeal Court but I couldn't find a final ruling at that level.
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