Who’s Responsible When a Minor Is Served Alcohol at Your Bar?

Bars and restaurants are more than just venues.

They’re meeting places for friends, bachelorette parties, and unforgettable karaoke nights (with countless renditions of “Total Eclipse of the Heart”).

But although fun and entertainment are a focus, bar and restaurant owners are also responsible for preventing minors from being served alcohol. Serving minors often results in severe consequences for bars and eateries, and in the worst cases, it can result in closure and steep fines.

Ultimately, preventing minors from being served alcohol starts with understanding the laws and who’s legally responsible. Then, you can establish a culture of responsible alcohol service to avoid this all-too-common problem.

Are Bar Owners and Servers Responsible?

Yes. Legally, the responsibility for serving alcohol to a minor lies with both the establishment and the server.

The bar or restaurant owner or manager can be held liable for the actions of their employees, especially if they did not provide adequate training or supervision. Additionally, servers who knowingly or unknowingly serve alcohol to minors can also face legal consequences.

What If a Minor Uses a Fake ID?

It depends. The laws for this scenario vary by jurisdiction. As a rule, bars and restaurants are legally obligated to verify age. And generally, if the bar is making a good faith effort to check for fake IDs, e.g., using ID scanners, black lights, and checking expiration dates, the bar is less likely to be held liable.

Again, this varies by state, county, and local ordinance. As a bar or restaurant owner, familiarize yourself with the local laws to protect yourself and take steps to establish a culture of strict ID checking guidelines.

What Penalties Can Occur

The legal consequences of serving alcohol to a minor can vary depending on the jurisdiction, but they can be severe. Penalties may include:

• Fines: Establishments found guilty of serving alcohol to minors can face significant fines, which can be detrimental to their finances.
• License Suspension or Revocation: The bar or restaurant’s liquor license may be suspended or revoked for serving alcohol to a minor, which can lead to the closure of the business.
• Criminal Charges: In some cases, servers or establishment owners may face criminal charges, especially if they are found to have repeatedly violated alcohol laws.
• Civil Lawsuits: The establishment and the server may be sued by the minor or their family for damages resulting from the underage alcohol service.

Factors Contributing to Underage Alcohol Service

Despite the best efforts of bar or restaurant owners and servers, several factors can contribute to the unfortunate incident of a minor being served alcohol:

• Lack of Proper Training: Failing to train staff regarding responsible alcohol service and identifying fake IDs is the no. 1 cause.
• Inadequate Supervision: Managers should be available to settle ID disputes and to create a culture of strict age verification.
• Pressure to Maximize Profits: Putting too much pressure on alcohol sales will create a culture in which sales trump safe ID checking.

How Can a Server Determine If a Guest Is 21?

Verifying the age of customers is a crucial responsibility for bartenders and servers. To determine if a guest is of legal drinking age, the following steps can be taken:

• Request Valid Identification: The most reliable way to confirm a guest’s age is by asking for valid identification. Government-issued IDs like driver’s licenses, passports, or state ID cards are acceptable forms of proof.
• Check for Security Features: When verifying identification documents, look for security features such as holograms, watermarks, or other unique markings that indicate authenticity.
• Verify the Photo: Ensure that the photo on the ID matches the appearance of the guest presenting it. Check for any signs of tampering or alterations.
• Check Birthdates: Calculate the birthdate based on the information provided on the identification document to verify the guest’s age.
• Use an ID Scanner: ID scanners can help you determine quickly if an ID is valid, if the ID has expired, and will provide you with information about the individual.

Pro Tip. Trust your instincts. If something seems suspicious or off about the ID or the guest’s behavior, do not hesitate to ask for additional identification or refuse service.

Common Scenarios When Minors Are Being Served and How to Prevent Them

More often than not, minors being served are a product of silly mistakes, misunderstandings, and situational pressures. Let’s take a look at some of the common occurrences where minors are being served:

1. Fake or Altered IDs

A bartender relying on a simple visual check of the legal age to serve alcohol can be easily fooled.

The fraud is so sophisticated that without a dedicated scanning device or a trained eye, a bartender may inadvertently contribute to selling alcohol to a minor. This scenario highlights the need for technology that can verify the authenticity of an ID beyond what is visible to the naked eye.

2. Staff Negligence

Even with the right tools, human error remains a key factor.

Staff negligence can range from failing to ask for an ID to not checking the age to serve alcohol of every person in a group to simply being too overwhelmed to properly scrutinize a document. Fatigue, high-stress environments, and a lack of consistent training can all contribute to a moment of carelessness that leads to a bartender’s legal responsibility being challenged.

A simple failure to ask for identification can result in a significant fine or, in the worst-case scenario, legal action.

3. Miscommunication Between Staff

Miscommunication is a silent liability in any high-volume establishment. An incident can occur when one staff member checks an ID but fails to mark the patron, and another staff member assumes the check was done and proceeds to serve them.

This can also happen between a manager and staff, where a minor’s presence is noted but not effectively communicated to the team. This breakdown in the chain of command, while unintentional, does not absolve anyone of legal consequences and can be a critical point in a lawsuit regarding bar liability for underage drinking.

4. High-Risk Environments

Certain operational settings inherently carry a higher risk. Large events, bustling concert venues, or busy patios can create an environment where the sheer volume of customers makes meticulous ID checking difficult.

The rapid pace of service can lead to shortcuts, increasing the risk of serving a minor fine or more severe repercussions. These high-risk environments necessitate more vigilant training, clear protocols, and potentially dedicated staff for ID verification alone.

How to Prevent Underage Alcohol Service

Limiting your risk starts with company culture. There are a variety of steps that bars and restaurants can take to empower employees to catch and prevent minors from being served. Here are some steps you can take:

1. Training: First and foremost, you must have a policy in place requiring your employees to verify the identity of everyone entering your place of business. Ensure that all staff members receive proper training on responsible alcohol service, including how to identify fake IDs and the legal drinking age.

2. ID-Checking System: Employ advanced ID verification technology for precise age verification and as insurance against accidental service to minors. The system minimizes human errors, checks IDs thoroughly during planned stings, and provides a reliable paper trail to prove no intentional service to customers with realistic IDs.

3. Regular Monitoring and Oversight: Continuously supervise and evaluate your staff’s compliance with alcohol laws to avoid lapses in responsible alcohol service.

Handling Incidents When a Minor Is Served

Even in the most well-run establishment, an incident can happen. The way a business handles the aftermath can be the difference between a minor setback and a catastrophic legal and financial crisis.

1. Immediate Response

When it is established that a minor is being served, your first action is important. The first course of action you should take is to stop serving them and take possession of the alcohol.

Once this is done, the manager must take matters into their hands and see the person out. Have someone call a friend or relative in case the individual is stressed or appears to be out of place. Try to keep it behind the doors. Avoid creating a scene.

Also, make sure you’re ready to call emergency services in case the person becomes unresponsive, because their safety should be your chief concern.

2. Internal Investigation

Following the incident, the bar owner or manager should conduct a thorough internal investigation.

This involves documenting everything: the time, the people involved (staff and patron), the type of alcohol served, and the circumstances surrounding the event. Review any video surveillance footage and interview staff members to get a full picture of what happened.

This internal documentation is critical for preparing your legal defense and reporting the incident.

3. Legal Reporting

Every state and jurisdiction has specific laws regarding serving alcohol to minors. There are often mandatory reporting requirements to the relevant authorities, such as the local liquor authority or law enforcement.

Ignoring this step or failing to report in a timely manner can lead to more severe legal consequences.

Consulting with a legal professional who specializes in civil liability for underage alcohol service is highly recommended to ensure all necessary steps are taken correctly.

4. Post-Incident Training

A single incident should be treated as a teachable moment. After handling the legal and immediate fallout, use the event to overhaul and strengthen your training programs.

Use the specific details of the incident as a case study to demonstrate how a particular failure, whether it was a flawed ID check or poor communication, led to a dangerous situation. This proactive approach shows the authorities you are committed to preventing future occurrences and will help protect you from further legal consequences of serving alcohol to minors.

Wrapping Up

When a minor is served alcohol at your bar or restaurant, both the establishment and the server are legally responsible. To avoid severe penalties and uphold your ethical duty, prioritize comprehensive training, strict ID verification procedures, and responsible alcohol service.

By fostering a culture of responsibility, you can protect your bar or restaurant, your staff, and your community from the consequences of underage alcohol service. Remember, prevention is key to a successful and reputable establishment.

Are you concerned about the possibility of minors purchasing alcohol at your establishment? Don’t wait for a potential incident to occur; take proactive steps to protect your business and uphold responsible alcohol service. With FTx Identity, you can fortify your defenses against underage drinking and ensure compliance with legal regulations.

Our cutting-edge ID verification technology is designed to accurately and efficiently verify the age of your patrons, minimizing the risk of accidental service to minors.