Module 2: Minors and Alcohol Sales: Part I

The Alcoholic Beverage Code defines "taste" as:

To draw a beverage into the mouth without swallowing or otherwise consuming the beverage.

Sec. 106.01. Definition

While it is true that for some things people 18 or over are adults, when it comes to laws about alcoholic beverages, people under the age of 21 are minors. With some exceptions (as listed below), the minimum legal age to purchase, possess, or consume an alcoholic beverage is 21 years of age or older.

A minor may taste an alcoholic beverage if the minor is:

at least 18 years old; and enrolled as a student at an institution of higher education, career school, or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing, beer technology, or distilled spirits production or technology. Must be for educational purposes

Checking IDs protects you and your establishment from being charged with:

criminal negligence.

A 20-year-old woman has a bottle of wine along with her other groceries that she is purchasing. Is this a legal sale of alcohol?

no

A minor asks the bartender for a soft drink and a beer for his adult friend. Is this a legal sale?

no

A minor brings a six-pack of beer to the check out and says that she is buying it for her mother. Is this a legal sale of alcohol?

no

An 18-year-old man comes to the check-out counter and asks to purchase a bottle of liquor. Is this a legal sale of alcohol?

no

An adult and a minor approach the bartender. The adult purchases a beer, and then the minor asks for a beer as well. Is this a legal sale?

no

Criminal negligence is:

when you should have known the person was a minor, or you did not ask for proof of age when you should have.

A large group is sitting at a table and only one person at the table is an adult. The adult orders a beer and all of the minors order soft drinks; the adult pays the final bill. Is this a legal sale?

yes

Penalty for Minors (First Offense)

- A fine up to $500 - Required attendance at an Alcoholic Awareness Course - 8-12 hours of community service and - 30 days driver's license suspension

Keep the following notes in mind:

- A minor may consume alcohol only if they are in the visible presence of their legal aged parents, legal guardian or spouse. - A minor can only purchase alcohol if they are assisting a police officer in the enforcement of the alcoholic beverage code.

Penalty for Seller-Servers

- Up to $4,000 fine - Confinement in jail for up to one year or - Both the fine and confinement

It is generally illegal for a minor to attempt to purchase, to purchase, to possess, and to consume alcohol. There are a few exceptions. What are they?

1) A minor can only legally purchase alcohol when they are under the supervision of a commissioned peace officer in an underage compliance operation. 2) A minor can legally possess alcohol if they are serving or selling the alcohol as an employee. 3) A minor can legally possess alcohol if they are under the supervision of a peace officer in an underage compliance operation. 4) A minor can legally consume alcohol if they are in the visible presence of his or her adult parent, guardian, or spouse.

There are some general exceptions to minor alcohol possession laws, such as the following:

1) A minor may possess alcohol in the scope of employment. 2) A minor may possess and consume alcohol when in the visible presence of his legal aged parent, legal guardian or spouse. 3) A minor may possess and purchase alcohol when assisting a police officer in the enforcement of the alcoholic beverage code. In 2015, Section 106.09 of the Alcoholic Beverage Code was amended to allow a person under 18 to work as a cashier for transactions involving the sale of alcohol if it's for on-premise consumption and served by a person 18 years old or older and the business gets less than 50% of gross receipts from alcohol.

When it comes to laws about alcoholic beverages, at what age is a person no longer a minor?

21

Sec. 106.071. - Punishment for Alcohol-Related Offense by a Minor

A minor charged with any of these offenses can be charged with a Class C misdemeanor. 1ST and 2ND Offense (Class C Misdemeanor) - A fine up to $500 - Required attendance at an Alcoholic Awareness Course - 8-40 hours of community service - 30-180 days driver's license suspension 3RD Offense for Minors 17 and older (Class "B Misdemeanor) - A fine of $250 to $2,000 and/or up to 180 days in jail - Possible attendance with parent or guardian at an Alcoholic Awareness course - 20-40 hours of community service - 180 days driver's license suspension

Sec. 106.13. - Sanctions Against Retailer

If it is found that the owner or officer of the business (the licensee or permitee) with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate the laws on the licensed premises, their licenses and permits can be cancelled or suspended. This rule is critical!!!!!!! Checking IDs protects you and your establishment from being charged with criminal negligence.

Sec. 106.025. Attempt to Purchase Alcohol by a Minor

It is illegal for a minor to attempt to purchase an alcoholic beverage. See Sec. 106.071 for punishments.

Sec. 106.04. Consumption of Alcohol by a Minor

It is illegal for a minor to drink alcoholic beverages. The exception is if the minor is in the visible presence of the minor's adult parent, guardian, or spouse. See Sec. 106.071 for punishments.

Sec. 106.07. Misrepresentation of Age by a Minor

It is illegal for a minor to falsely state that he is 21 years of age or older, or use a fake ID. See Sec. 106.071 for punishments. In a case where a minor uses a fake ID, purchases, and then drinks alcoholic beverages, how many different sections of the law have they violated? There are four possible violations: 1) Possession of a Fake ID 2) Misrepresentation of Age by a Minor 3) Purchase of Alcohol by a Minor 4) Consumption of Alcohol by a Minor

Sec. 106.05. Possession of Alcohol by a Minor

It is illegal for a minor to possess alcoholic beverages unless he she is: 1) Legally serving or selling the alcohol as an employee 2) In the visible presence of his adult parent, guardian, or spouse 3) Under the supervision of a commissioned peace officer enforcing this code (in an underage compliance operation). See Sec. 106.071 for punishments. If you are a minor who will work as a seller-server, which exceptions to the law allow you to handle alcoholic beverages? A minor may possess an alcoholic beverage in the course of employment.

Sec. 106.02. Purchase of Alcohol by a Minor

It is illegal for a minor to purchase an alcoholic beverage. The exception is if the minor is under the supervision of a peace officer during an underage compliance operation, he will not be charged with an offense. See Sec. 106.071 for punishments.

Sec. 106.06. - Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor

It is illegal to provide alcoholic beverages to a minor, unless you are the minor's adult parent, guardian, or spouse, and you are visibly present when the minor possesses or consumes the alcoholic beverage.This is a Class A misdemeanor. The punishment for this offense is: - Up to $4,000 fine - Confinement in jail for up to one year - Both the fine and confinement - Driver's license revoked for a period of 180 days, upon conviction In addition, a seller-server can also be found liable for any damages caused by an intoxicated minor if they served, provided, or allowed the minor to be served or provided alcohol. You will not be charged if the minor shows you an apparently valid ID issued by a governmental agency that contains a physical description and photograph that matches the minor's appearance and shows him or her to be 21 years of age or older.

Sec. 106.03. - Sale to Minors

It is illegal to sell, with criminal negligence, alcoholic beverages to a minor. This is a Class A misdemeanor. The punishment for this offense is: - up to $4,000 fine and/or confinement in jail for up to one year. In addition, a seller-server can also be found liable for any damages caused by an intoxicated minor if they served, provided, or allowed the minor to be served or provided alcohol. You will not be charged if the minor shows you an apparently valid ID. The ID must: - be issued by a governmental agency, - contain a physical description and photograph that matches the minor's appearance, and - show the minor to be 21 years of age or older.

Sec. 106.04. Consumption of Alcohol by a Minor CONTINUED... NOTE: Your employer's policy may prevent anyone under 21 from consuming alcohol. Review your policy to determine what you need to do. What does it mean that the minor has to be in visible presence of his or her adult parent, guardian, or spouse?

It means that the legal aged parent, legal guardian or spouse has to be in the room at all times while the minor is drinking. If the adult leaves the minor, the drink must be removed from the minor's possession.