Overview of the Legal Age Requirement
In the United States, the legal requirements for the age at which a person may serve alcohol in any capacity are governed by both federal and state laws. Since the Supreme Court’s decision in 1987, states can set their own legal age for selling alcohol—provided that it is higher than the federal minimum of 21. Although each of the 50 states, as well as the District of Columbia have enacted statutes pertaining to the sale of alcoholic beverages, their requirements vary widely.
State considerations come into play when assessing who may serve alcoholic beverages in an establishment. In most jurisdictions, employers must consider two issues—the servers’ age, and their residency.
First, the minimum age requirement to serve alcohol depends on the amount of contact that the servers will have with the alcohol. States categorize alcohol and, generally, set minimum age requirements according to the category. Broadly speaking, most restaurants (or other establishments) that serve alcohol are classified as on-premises establishments—entities that serve alcohol to patrons on the premises and that cannot resell alcohol to its patrons. On-premises establishments have traditionally been held to more demanding standards than off-premises establishments, entities that may sell alcohol to patrons or consumers without serving it on-premises. Because of the differences between these types, as well as similar distinctions (i . e. if the consumer can consume spirits on the premises or if the establishment can also be considered a bar), the minimum ages to serve alcohol can differ from state-to-state.
Second, many states have minimum residency requirements for servers of beverage alcohol. This issue has been put into play during various events in history. For example, in 1919, the Volstead Act prohibited the manufacture, transportation, importation, and exportation of most alcoholic beverages. The Volstead Act did not limit the sale of liquor, however, and did not specify a minimum age for employees. Of course, Prohibition ended 14 years later, but for some time after it was unclear whether a person had to be a resident of that particular state in order to serve alcohol there. Over a century after the fact, the residency requirements of server employees are in place to ensure that the states are employing their own residents for their liquor industry businesses. For employers, these residency requirements can present issues when seeking servers from other states, or looking to hire students attending school outside of the jurisdiction of their establishment.
Carrying the burdens of compliance with state laws and regulations has an associated cost, but is necessary to navigate the complexities of state-by-state requirements for serving and providing safety to the public.
Federal Law-The Minimum Legal Age
Federal laws can supersede state laws when it comes to the minimum age for serving alcohol. In some cases, like the minimum legal drinking age, federal law is the only game in town; there is no allowance for any deviation from this law at the state level. In other cases, federal and state requirements vary and it’s important to know which laws apply when you’re operating an alcohol-selling business. For example, how can you be aware of the level of training employees need to be eligible to serve alcohol? What are the differences between the requirements for servers and those for the managers of alcohol serving businesses?
First, the minimum legal drinking age is 21 years; this encompasses both the purchase and consumption of alcohol. The only exception to the minimum legal drinking age is for on-premises alcohol services at private clubs and organizations where the minimum legal drinking age is 18.
This federal law was enacted in 1984 through the National Minimum Drinking Age Act, which was ratified by all 50 states within a few years. It’s currently enforced by the National Highway Traffic Safety Administration, which takes funding away from states that don’t comply with the act.
While states are free to enact laws and ordinances for alcohol purchases and consumption, the federal government has laid out some broad categories that are subject to the same stringent standards across all states. The new minimum legal drinking age legislation imposed upon incentives for states to comply with federal laws, such as the withholding of federal highway funds from states that wouldn’t comply.
State-by-State Legal Age to Serve (Eighteen Versus Twenty-One)
Just as states’ legal drinking age varies, so do their legal ages to serve alcohol. For bars and restaurants, servers must check their state’s laws in order to serve, as these rules can impact employee hiring practices, serve training and liquor liability insurance premiums.
States set their own legal age to serve alcohol. Supplementing the federal rules, all states also have laws on the books that set the minimum age to serve liquor. Most states’ server age laws are 18 years of age or older – 31 states, to be exact. Some states’ liquor laws encompass the same legal age as the federal standard. In addition, a few states have set the minimum server age years above the national standard.
Just three states are square with the federal liquor laws in setting their minimum age for serving alcohol at 21 years of age. These "square states" are Delaware, New Jersey and North Carolina. However, each of these states can impose its own twists.
For example, Delaware’s state law allows 18-year-olds working in establishments that sell alcohol to deliver beer to residential dwellings as well as beer and wine to restaurants and taverns. Fewer restrictions apply, however, to the state’s three counties that have local option laws – Kent, Sussex and New Castle – in which 18-year-olds may not even work in restaurants serving alcohol. They are permitted to work as servers in taverns, however.
The Garden State’s liquor laws permit 18-year-olds to pour in county-operated facilities. This exception applies to only two of the state’s 21 counties – Cape May and Ocean. Even in those exceptions, only municipal governments may authorize 18-year-olds to serve at outdoor barbecues.
Like Delaware, which permits 18-year-olds to serve beer and wine, North Carolina allows its 18-year-olds to bring wine to tables in restaurants but does not permit them to work in the service of hard liquor. Beyond that, North Carolina municipalities may enact their own additional liquor restrictions.
Although the national standard is 21, nine states allow 16-year-olds to serve alcohol in restaurants. At the other end of the serve age spectrum, Utah requires that its servers be 19 years old. That’s the lowest in the nation.
Whether under the national standard or lower than that standard, the decision on the minimum age to serve liquor rests with the states. Some states’ laws differ in terms of whom they cover. That’s both in relation to different types of services and different types of employers. When in doubt, bar and restaurant owners should look to local laws and regulations that impose the strictest rules.
An Exception to the Legal Age-To Serve
Some states allow employees in certain types of establishments to serve alcohol even if they do not meet the state’s minimum legal age requirement, but any exceptions must be documented. Massachusetts, for example, allows alcoholic beverage servers between 18 and 21 years of age who possess a temporary "all-alcohol" employee license to serve alcoholic beverages in licensed establishments for which they have applied and while under the supervision of a duly licensed individual (this includes honorably discharged veterans of the military, but certain disqualifying factors apply). Similar laws can be found in Vermont and Pennsylvania, which also contain certain restrictions and qualifications.
Some states may also make exceptions for 17-year-old trainees enrolled in a state-approved alcohol service training program (not California). However, if an establishment sells alcohol and is located in a state that does not have a minimum legal age for servers of alcohol and the establishment permits underage employees, states such as Colorado and Connecticut prohibit such conduct (even if the establishments sell alcohol only in a grocery or convenience store). Keep in mind that this exception could result in a liability for the establishment for selling course credit.
What Happens If A Bar Serves Past the Legal Age(a.k.a Criminal Charges and Consequences)
Beyond the obvious implication of risking the health and safety of a minor (and leaving your business open for a civil suit), serving or selling alcohol to someone who cannot legally consume alcohol can have dire consequences. In Ohio, an establishment that violates age restrictions and sells alcohol to a minor faces misdemeanor criminal charges and serious civil penalties. Conviction carries with it fines, the mandatory imposition of an alcohol awareness class, and the possibility of a one year license suspension. The Ohio Liquor Laws provide a good example of the type of consequences that could await a business or individual who illegally serves alcohol to a minor. An establishment that is found by the Ohio Division of Liquor Control to have violated the age restrictions may have their liquor permit suspended for a period of up to one year for each violation with a tiered penalty structure depending on whether the violation was a first-time or repeat offense. A business’s liquor permit may be permanently revoked for failure to renew the license. The business’s employees are equally at risk, facing potential criminal prosecution and civil penalties. Ohio imposes the following penalties for violating the age restrictions: First: 72 hour suspension Second: 72 hour suspension Third: 30 day suspension Fourth: 90 day suspension Fifth: 1 year revocation In Georgia, a retail liquor license may be revoked or suspended if a person under the age of 21 should be found on the licensed premises. The penalties for individuals in Georgia who serve alcohol to a minor include fines of not less than $100 and not more than $1000, and imprisonment for not more than six months. In Pennsylvania, businesses that sell alcohol face a fine of $200 and up to one year in jail for serving a minor. Violators may also face liquor license suspension. An employee who sells alcohol to a minor in Pennsylvania may be fined not less than $300 and up to $2,500, and may be imprisoned for up to 1 year.
Legal Age & Hospitality Industry Impact
Age restriction laws impact the hospitality industry in two key areas: recruiting employees and holding on-going staff training. In states – such as Minnesota, Nebraska and Tennessee – that allow employees who are as young as 18 to serve or sell alcohol, businesses can rely on high school students to meet their staffing needs. In places where the minimum age for such work is higher – such as California (21 years old) or Nebraska (19 years old) – it is often a challenge to recruit enough workers to meet the needs of the business. Even in those with a minimum age of 19, interest in this type of work has decreased significantly in the past two decades . As a result, some businesses have had to consider reducing their liquor license categories with associated staffing cuts. For those that have retained liquor licenses, adequate staff training is important for avoiding liability. Many localities have adopted mandatory training classes on responsible alcohol service. These classes generally teach employees about checking for identification (or state documents in teaching venues that permit some students – such as those at colleges – to consume alcohol). Employers are often required to monitor employees who have taken these programs and ensure that employees who are engaged in selling or serving alcohol participate in refreshers (generally every two years, depending on the specific course).
The Legal Age Throughout The World
When placed in an international context, the U.S. legal age for serving alcohol takes on a sense of normalcy. In Australia and Canada, the legal drinking age for servers is 18. In the U.K., restaurants, bars, and supermarkets may sell alcohol to anyone older than 18. Belgian law allows those between the ages of 16 and 18 to buy and serve beer and wine, but spirits remain off-limits. In Eswatini, the country formerly known as Swaziland, the legal age to serve alcohol is also 18.
Alcohol laws vary widely from country to country, with some nations observing drinking and serving ages as high at 25. For example, in Kuwait, you cannot legally serve alcohol until you reach age 25. The situation is the same in the West-African nation of Togo. In legislative extremes, Gambia and Bangladesh prohibit the sale of alcohol entirely, meaning that there is no set legal age at which to serve it.
For the most part, the United States sits roughly alongside these countries in the chart of drinking ages. Even in the long list of serving ages, the U.S. comes in around 21. The law permits beer gardens, wineries, and tasting rooms to set their own serving ages that fall below the government mandated minimum.
Ensuring Your Employees Won’t Get You Sued
With age verification at the forefront of the minds of both employees and customers, the need for compliance concerning the sale and service of alcohol is paramount for a business selling or serving alcohol. The sale or service of alcohol to anyone without a legal age can subject an establishment or individual to criminal penalties as well as civil liability. Furthermore, the sale or service of alcohol to minors could potentially result in the loss of a license to serve alcohol, creating a significant economic consequence for the business.
To ensure compliance, businesses should provide training for employees regarding the legal age to serve alcohol as well as provide technology to verify employee eligibility to check identification. In addition to laws that prohibit employees from serving someone who is underage, some states prevent minors from even working in an establishment where alcohol is served. Therefore, before hiring employees businesses should have procedures in place to ensure compliance with laws concerning service and employment eligibility. One way to do this is to obtain an age certificate from any potential employee who is under the legal age to serve alcohol. Another method is to wait until the employee has obtained their age certificate before hiring.
Once a business has onboarded their staff, management should regularly review training protocols to ensure compliance with any new laws that may have gone into effect. Businesses should also provide in person training concerning identification checking procedures to ensure that any inconsistencies or irregularities with identification can be resolved.
There are also other technological methods that a business can implement to ensure compliance. For example, some businesses have adopted a magnetic card reader that is used to check a customer’s identification and employee eligibility to check identification. When an employee swipes the ID through the magnetic card reader, the reader verifies eligibility and either allows or denies access to check identification. Some readers also have a digital signature option that requires the employee to digitally sign. Exploring these types of options can help a business protect itself and maintain compliance.
The Future of Legal Age Laws
With continuing downward pressure on alcohol consumption levels in the U.S., not-to-mention an increase in health-conscious consumers, it is unlikely that there will be a wholesale change in the legal age to serve alcohol. That said, we have seen a ticking up of some minimum ages, including a number of states raising the legal age to 21 to purchase alcohol. As the health and wellness trends gather steam, we also expect that more and more attention will be paid to better educating consumers about the impact of different types of alcohol, beverages and servings on the human body. This education may in turn drive up the legal age for certain activities to provide extra protections, or to align the ages of those activities with similar or connected activities . For example, if a 14-year-old is legally authorized to bartend, it is not inconceivable that such authorization could also apply to other activities, like seat belt use, and the younger age thresholds of the U.S. minimum drinking age law. In such a case, the law could be amended to ensure that the age of at which a consumer can be legally authorized to consume alcohol will match these other activity thresholds. This would bring all of these legal age thresholds for consumption into alignment, to the extent possible. While the higher drinking age law has not seen any dramatic increases in the last twenty years, these recent legislative initiatives and evolving consumer attitudes may be the catalyst for doing away with the law altogether.