A common question many new business owners and operators ask in the bar, restaurant, and hospitality industry is, “What is the minimum age to serve alcohol?” This can end up becoming a tricky question to answer based on a couple of factors. A number of states have updated their laws to lower the minimum age to sell and serve alcoholic beverages. Proponents point to a lack of prospective employees, and this is one way to increase the pool of candidates who would be eligible for employment.
When Can a 19-year Old Legally Serve Alcoholic Beverages in a Restaurant?
California: Individuals aged 18 to 20 may serve alcoholic beverages in a bona fide public eating establishment (primarily serving food), but only as an incidental part of their job—not as bartenders or dedicated alcohol servers.
Indiana: Previously, 19 was the minimum age to serve, but as of mid-2024, the law has changed: the minimum age is now 18. So, 19-year-olds are definitely allowed to serve.
Michigan: The serving age has been lowered: 18-year-olds can now legally sell or serve alcohol. Thus, 19-year-olds are fully permitted.
Pennsylvania: Individuals over 18 are allowed to serve alcohol. That means a 19-year-old can legally serve alcoholic beverages.
New Jersey: The state law specifies that one must be 21 to drink, but someone only 18 can sell or serve alcohol. Therefore, 19-year-olds are permitted.
Kentucky: The minimum age to sell or serve alcohol is explicitly 20. So, 19-year-olds cannot legally serve alcoholic beverages.
Don’t see your state listed? Click your state on the State Alcohol Certification page at the Serving Alcohol website, and then scroll to the bottom of the page and check out the FAQs.
But Just Because You Can, Does That Mean You Should?
So, what does this look like for a business that operates in a state that allows minors to sell and serve alcohol? In many cases, this can only occur if the minor employee is under the direct supervision of a fellow employee who is not a minor. In theory, this makes sense. In practice, there will be incidents where the minor is not in line of sight for the older supervisor.
The problem this creates for the business owner is the liability associated with a minor making a bad decision when transacting a sale or serving alcoholic beverages when it should not have taken place. Young employees are often willing to work for less because of their lack of experience. But with that lack of experience, do you trust that your minor employee is capable of making a decision as to whether a patron should be sold or served alcohol? Do you feel comfortable with a 17-year-old carding someone to see if they are of age?
Here are some questions to consider when hiring a minor to sell or serve alcoholic beverages:
- What if the patron who was sold or delivered alcohol by the minor employee is involved in a car accident?
- What happens in that instance?
- Does the liability fall back on the minor? How does the dramshop law in your state come into play?
- Is the business owner responsible for that sale?
- How does it affect the minor employee?
- Does that create a criminal record for the juvenile?
- Are there exclusions to the liability insurance if your employee is a minor?
- What are the hours a minor is allowed to work?
- Are those hours curtailed when schools are in session?
- How late is the minor allowed to work?
- Beyond the federal laws, what do the state and local laws have to say about what types of work the minor is allowed to do?
The National Restaurant Association has lobbied a number of state legislatures to reduce the age to sell and serve alcoholic beverages. Still, they are not going to protect you if that minor makes the wrong decision.
In any event, make sure your employees are trained up on the laws and regulations that cover alcohol, and they have completed seller server training, such as the program offered by Serving Alcohol Inc.
So think about the consequences before letting a minor sell and serve alcoholic beverages. It may be allowed by your state, but there are a number of ramifications to think about if you choose to go this path.
We’re Here to Help: Contact Serving Alcohol, Download Our Info Sheet
Established in 2007, Serving Alcohol supports businesses and professionals that sell and/or serve alcohol or who need food safety training). Our responsible alcohol training and certificate programs (sometimes referred to as an alcohol certificate, bartender or bartending license, alcohol server permit, or responsible alcohol seller/server certificate), help businesses responsibly sell and/or serve alcohol on-site or to-go, ensuring compliance, safety, and professionalism in the service industry.
We’re trusted by liability insurance carriers, and we currently serve more than 2,000 active business accounts around the United States, as well as thousands of professionals.
Questions about our alcohol training, food safety, and certificate courses? We’re here to help. Call us at (844) 273-7825, email info@servingalcohol.com , or download our info sheet that outlines the reasons why you should choose Serving Alcohol as your alcohol training and certification provider. The info sheet also explains how a business owner/operator can easily set up a business account
and manage staff training.
