SB 279

This bill extends, under certain circumstances, the current law exception

allowing a person under 21 years of age (underage person) to serve alcohol beverages

on retail licensed premises.

Under current law, with specific exceptions, no person may sell alcohol

beverages to a consumer unless the seller possesses a license or permit authorizing

the sale. A Class “B" license authorizes the retail sale of fermented malt beverages

(beer) for consumption on or off the premises. A “Class B" license generally

authorizes the retail sale of intoxicating liquor, which includes wine and distilled

spirits, for consumption on the licensed premises and, subject to restrictions, off the

licensed premises. Class “B” and “Class B” licenses are often issued together for

restaurants or taverns. A “Class C" license, which may be issued only for a

restaurant, authorizes the retail sale of wine for consumption on the premises.

Current law generally prohibits an underage person who is not accompanied

by a parent, guardian, or spouse of legal drinking age from possessing or consuming

alcohol beverages on retail licensed premises. However, an underage person who is

at least 18 years of age and employed by a retail licensee may possess alcohol

beverages in the course of employment, subject to the requirements below.

Current law imposes certain requirements relating to persons who are

authorized to sell or serve alcohol beverages on retail licensed premises. Although

a person is not required to hold an operator's license (commonly referred to as a

“bartender's license") to provide alcohol beverages on retail licensed premises, a

retail licensee may not be open for business unless the licensee, the designated agent

of a corporate licensee, or a person who possesses an operator's license or manager's

license is present and responsible for the acts of all persons providing alcohol

beverages on the premises. A person must be at least 21 years of age to hold a retail

license or manager's license or to be an agent of a corporate retail licensee. A person

must be at least 18 years of age to hold an operator's license. Any other person who

serves alcohol beverages on retail licensed premises must be at least 18 years of age

and under the immediate supervision of the the retail licensee or its corporate agent

or a person holding an operator's license or manager's license.

This bill allows an underage person who is not yet 18 years of age but who is

at least 14 years of age to carry alcohol beverages, on Class “B,” “

Class B,” and “Class

C” licensed premises, from a person allowed to serve alcohol beverages under current

law to a customer, except a customer seated at the bar, and serve the customer.

The bill also rectifies a statutory inconsistency by clarifying that a retail

licensee's immediate family member who is at least 18 years of age is considered to

hold an operator's license.

Under current law, the Department of Workforce Development sets minimum

ages for hazardous employment for minors. This bill provides that, in fixing those