§ 28-1-5 — Minimum Age for Purchase, Etc., of Alcoholic Beverage; Employment of Underage Individuals by Board Licensee

Alabama § 28-1-5

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 1: General Provisions

Text

(a) Notwithstanding Section 26-1-1, it shall be unlawful for an individual less than 21 years of age to attempt to purchase, purchase, consume, possess, or transport any alcoholic beverage within the State of Alabama.
(b) Nothing in this section shall prevent an individual who is less than 21 years of age from being employed by a licensee of the board, provided the individual may not handle, transport, serve, or dispense alcoholic beverages, except as authorized under subsection (c), and a representative of the licensee who is 21 years of age or older must be in attendance at all times the individual is working.
(c) Notwithstanding subsection (a):
(1) An individual who is 18, 19, or 20 years of age and is employed by a restaurant or a hotel that is a restaurant or special retail licensee may serve alcoholic beverages, provided all of the following conditions are met:
a. The employee is working within the scope of his or her employment as a server or a busser.
b. The employee may not work as a bartender and may not pour or dispense alcoholic beverages or deliver alcoholic beverages to a guest room.
c. The restaurant or hotel that is a restaurant or special retail licensee is annually certified as a responsible vendor under the Alabama Responsible Vendor Act as provided in Chapter 10. Responsible vendor training or testing for these licensees may be conducted online by computer, in a classroom, or by live trainers. Any online training must include employee testing to pass. Nothing in this paragraph shall be construed to require an in-person test administrator or proctor.
(2) An individual under 21 years of age who is employed by a wholesale licensee or an off-premises retail licensee may handle, transport, or sell alcoholic beverages, provided the employee is working within the scope of his or her employment.
(d) The board may levy a civil penalty, up to and including suspension or revocation of the license, against any licensee who requests or requires as a condition of employment an employee under the age of 21 years to handle, transport, serve, or dispense alcoholic beverages in a manner that violates this section, as follows:
(1) Two hundred fifty dollars ($250) for a first offense.
(2) Five hundred dollars ($500) for a second offense.
(3) One thousand dollars ($1,000) for a third or subsequent offense.

Legislative History

(Acts 1985, No. 85-687, p. 1102; Act 2000-791, p. 1864, §1; Act 2022-383, §1; Act 2023-252, §1.)