In a now-viral video, a restaurant server says a customer asked her to break the law—and offered a tip as an incentive.
Miami server Nilla (@nilla.wafercookie) posts hospitality content to her TikTok account. She posted the video in question on Wednesday, and it has accrued 100,700 views since.
What ‘illegal’ request did the customer make?
“I’m a server and you’re a stranger, and you’re asking me to break the law for you?” she began. “There’s no way that I’m giving you a to-go cup for your [expletive] strawberry margarita.”
She said she does not trust the customer, and the tip the customer offered was not enough of an incentive.
“The best answer to this, because I know people can try to test your boundaries as a server, is just being firm and saying, ‘Uh, I’m sorry. I like my job,’” she said. “Might be a lie, but that’s the best answer.”
Is it illegal to take alcohol to go?
According to the National Conference of State Legislatures, “Except for one state, Guam, Puerto Rico and the District of Columbia, all states have laws prohibiting the consumption or possession of open containers of alcohol while in a motor vehicle.” Mississippi is the exception.
It continues, “Forty-two states, Guam and the District of Columbia have statutes that allow patrons to remove partially consumed bottles of wine from restaurants through state statutes.”
Additionally, “Fourteen states and the District of Columbia have made permanent the provisions put in place during the COVID-19 pandemic authorizing take-out, curbside or carry-out sales of drinks.”
What are the rules for taking alcohol to-go in Florida?
According to WFLA, in Florida, where Nilla lives and presumably works, restaurants can sell alcohol to-go thanks to 2021’s Senate Bill No. 148. However, there are stipulations.
The rules are:
- An alcoholic drink “must be placed in a container securely sealed by the licensee or its employees with an unbroken seal that prevents the beverage from being immediately consumed.”
- That drink also has to be placed in a visibly transparent bag or container, to know if the container of alcohol is opened or tampered with, along with a dated receipt.
- For alcoholic drinks transported in a car, a drink that’s not in a sealed container must be placed in a locked compartment or trunk, or the area behind the last upright seat.
- The purchase of alcohol must be accompanied by the purchase of food, and the cost of food and non-alcoholic beverages must comprise at least 40% of the total order cost.
Additionally, “A partially consumed wine bottle is allowed to be taken home if it’s accompanied by a purchased and consumed full-course meal consisting of an entreé, salad or vegetable, drink, and bread.”
The rules for transporting an opened and resealed bottle of wine in a vehicle are the same for transporting an unsealed alcoholic drink.
“The bill prohibits the sale of bottles of distilled spirits for to-go consumption. Open containers in cars are still prohibited,” WFLA adds.
So, while the the customner may have technically been allowed to take the margarita to-go—depending on the rest of their order—it is likely that Nilla did not trust the customer to follow the rules about placing the container in a locked compartment or behind the seat. It is unclear why Nilla did not offer to seal the margarita and place it in a transparent container.
@nilla.wafercookie How to make more money as a server #server #serverlife #servertiktok #servertips #waiter #restaurant #waitressing #waitressingstory #waitressingstory #waitressstories #servers #restaurant #waiters #restauranttiktok #tips #tippingculture #tippingculture #servertok #servertipmoney #restaurantlife #restaurantindustry #rude #rudecustomers #tablemanners #goingouttoeat ♬ original sound – Nilla
Viewers respond
In the comments section, many food service workers shared their thoughts on the customer’s request.
One viewer said they typically look the other way. “As a server I tell them to ask for a togo cup for their regular drinks I can’t control what they do after I walk way,” they wrote. To which Nilla responded, “Mm… law says differently. They’re your responsibility boo, don’t let them get over on you!”
Another viewer who said they worked at the same restaurant as Nilla called out customers’ audacity. “The entitlement of our customer base is crazzzzyyy (I work there too),” Samantha Cass wrote.
A third server said their state law allows to-go alcohol, but the servers at the restaurants never follow the rules. “I serve in texas where it actually is legal, they’re just supposed to seal it closed and they never do,” they wrote. Nilla responded, “Don’t tell me this.” Based on this response, it is possible she is unaware that her local law has the same allowance and stipulation.
Another viewer confirmed that it’s possible to get to-go alcoholic drinks in Florida. “Miami is yolo! We got take out margs at [Chili’s],” they wrote.
The Daily Dot reached out to Nilla via TikTok direct message and comment.
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