Every state makes it a crime to sell or serve alcohol to anyone under 21 years old. Penalties for a conviction depend on state law and the circumstances of the offense; they can range from community service and a small fine to several months in jail. Businesses found to have sold alcohol to minors can also lose their state-issued beer and wine or liquor license.
In most states, the law requires the business owner or server to ask for identification before selling alcohol to someone who might not be old enough to legally buy it. If the minor presents an identification card that appears to be valid, indicating the person is over 21, then the seller will not be charged with a crime.
Local law enforcement agencies, well aware of the problems caused by underage drinking—especially drinking and driving—regularly conduct sting operations. They send 18- to 20-year-olds to try to buy alcohol in restaurants, bars, or grocery, convenience, and liquor stores. Cashiers or bartenders who don’t check ID, or sell alcohol to someone whose ID shows that they are not 21, will be cited or arrested. Nearly 1,000 people were arrested in Florida in 2010 for selling alcohol to minors, according to the state’s Division of Alcoholic Beverages and Tobacco.
Penalties for the Business Owner
A business that sells liquor to anyone under 21 could lose its state-issued liquor license temporarily or permanently. The decision will be made by the state licensing agency, which may elect to revoke the license entirely or just suspend it for some number of days or months. The business may also be put on probation for a certain amount of time; if there’s another violation, the license will be revoked.
In addition, the owner could face a misdemeanor charge of selling alcohol to a minor. The penalty for a first conviction might be community service and a small fine, but depending on the circumstances of the offense, it might include a jail sentence of up to 30 days and a fine. Penalties for subsequent offenses can, depending on where you live, be up to a year in jail and a fine of several thousand dollars. If the minor who bought the alcohol is under the age of 18, typically the penalty is stiffer.
Penalties for the Clerk or Server
A clerk, cashier, or server who actually sells alcohol to a minor may be cited for violating local law and fined, or arrested and charged with a misdemeanor. A misdemeanor conviction could bring a penalty of community service, a fine, or even a jail sentence of up to one year.
Help From a Lawyer
If you are charged with selling or serving alcohol to a minor, it’s a good idea to talk to an experienced attorney who’s familiar with how these cases are handled by local police, prosecutors, and judges. The attorney will be able to advise you as to what you can do to minimize the ramifications of a conviction.
