Minors working at a bar

[vdo]

California

A staff of mine has a son who is 20 and wants to work as a barback at our bar. Barbacks basically takes glassware away, cleans, etc. They wont be making drinks but might pour an occasional beer to help out. Is it legal for them to work or they have to be 21?

 

[CdwJava]

What kind of liquor license does the facility have?

If this is a premises that serves only alcohol, then the answer is generally, "No," he cannot work as a barback.

 

[quincy]

California

A staff of mine has a son who is 20 and wants to work as a barback at our bar. Barbacks basically takes glassware away, cleans, etc. They wont be making drinks but might pour an occasional beer to help out. Is it legal for them to work or they have to be 21?

Here is a link to California's ABC "FAQ Enforcement and Violations:" https://www.abc.ca.gov/questions/enforcement_faq1.html

And here is a link to the California Restaurant Association on the employment of minors: http://www.calrest.org/employment-of-minors.html

Specifics matter.

 

[FlyingRon]

If the place sells alcohol for consumption ON THE PREMISES (on sale) such as your establishment (even if it is also a restaurant).

In fact, those under 21 can't even be present (as customers or in any capacity) unless the place is a bona fide eating place.

If he even touches a bottle of beer he's personally in violation of the B&P in addition to the employer being in violation.

There are no further "specifics" that make a difference. The only "exception" is for musicians performing. A bar back won't qualify for that.

 

[vdo]

It is a restaurant with a hard liquor license.

however, when he is working the kitchen might not be open.

What if he just goes around picking up glasses, more like a busboy not a bar back. We need help with clearing glasses around the bar.

 

[quincy]

It is a restaurant with a hard liquor license.

however, when he is working the kitchen might not be open.

What if he just goes around picking up glasses, more like a busboy not a bar back. We need help with clearing glasses around the bar.

Did you read the information provided in the links, especially the information from the California Restaurant Association?

The law seemed to be pretty clear to me.

 

[vdo]

Oh, just read it. The guy is 20years old almost 21. My entire place is a restaurant/bar so sounds like it is ok? I might not even have him go near the bar other than to collect trash.

Persons aged 18 to 20 may serve alcoholic beverages in a restaurant so long as the service occurs in an area that is primarily designed for the consumption of food on the premises (i.e., the dining area). The server may deliver, present, open, and pour alcoholic beverages so long as these duties are performed in the dining area and not the bar area. (California Bus. & Prof. Code § 25663(c).)​

Did you read the information provided in the links, especially the information from the California Restaurant Association?

The law seemed to be pretty clear to me.

 

[FlyingRon]

Oh, just read it. The guy is 20years old almost 21. My entire place is a restaurant/bar so sounds like it is ok? I might not even have him go near the bar other than to collect trash.

The B&P code forbids a person under 21 from working in a facility that serves alcohol PERIOD END OF STORY. It matters not if he is a bar back or you want to call him a bus boy or you want to call him kitchen help. He is NOT permitted to work there. He even picks up an half empty glass clearing the table he has committed a crime. Just being there is ILLEGAL on the part of the establishement.

The ONLY exception for allowing those under 21 to work there is if they are performing musicians. They still can not handle or otherwise be in any constructive possession of alcohol.

The only provision for those under 21 to work is if you were an off-sale premise (i.e., a liquor store where people don't consume on site). Even then he must work under strict supervision of an over 21 person.

No matter how you weasel this, the answer is hte same. You're risking your LIQUOR LICENSE, the adult supervisors on the premisies are risking misdemeanor charges, as is the under 21 person.

He'll have to wait until his birthday.

 

[quincy]

The B&P code forbids a person under 21 from working in a facility that serves alcohol PERIOD END OF STORY. It matters not if he is a bar back or you want to call him a bus boy or you want to call him kitchen help. He is NOT permitted to work there. He even picks up an half empty glass clearing the table he has committed a crime. Just being there is ILLEGAL on the part of the establishement.

The ONLY exception for allowing those under 21 to work there is if they are performing musicians. They still can not handle or otherwise be in any constructive possession of alcohol.

The only provision for those under 21 to work is if you were an off-sale premise (i.e., a liquor store where people don't consume on site). Even then he must work under strict supervision of an over 21 person.

No matter how you weasel this, the answer is hte same. You're risking your LIQUOR LICENSE, the adult supervisors on the premisies are risking misdemeanor charges, as is the under 21 person.

He'll have to wait until his birthday.

What you wrote is incorrect, FlyingRon.

 

[vdo]

What you wrote is incorrect, FlyingRon.

It sounds like better to avoid the headache... i do remember a friend who did it before and she was under 21. She said as long she didn't pour that it was ok.

 

[quincy]

It sounds like better to avoid the headache... i do remember a friend who did it before and she was under 21. She said as long she didn't pour that it was ok.

Not hiring a minor to work in the bar/restaurant is certainly the best way to avoid problems.

Here is a link to the applicable law, though, so you can see what is allowed and what is not (BPC section 25663): http://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-25663.html

And here is an additional link, to the ABC: https://www.abc.ca.gov/FORMS/ABC533.pdf

 

[CdwJava]

The B&P code forbids a person under 21 from working in a facility that serves alcohol PERIOD END OF STORY. It matters not if he is a bar back or you want to call him a bus boy or you want to call him kitchen help. He is NOT permitted to work there. He even picks up an half empty glass clearing the table he has committed a crime. Just being there is ILLEGAL on the part of the establishement.

The ONLY exception for allowing those under 21 to work there is if they are performing musicians. They still can not handle or otherwise be in any constructive possession of alcohol.

The only provision for those under 21 to work is if you were an off-sale premise (i.e., a liquor store where people don't consume on site). Even then he must work under strict supervision of an over 21 person.

No matter how you weasel this, the answer is hte same. You're risking your LIQUOR LICENSE, the adult supervisors on the premisies are risking misdemeanor charges, as is the under 21 person.

He'll have to wait until his birthday.

That's why I was asking for the type of liquor license as that will also tell us what kind of facility it is. https://www.abc.ca.gov/forms/abc616.pdf

If this is a restaurant, then the 20 year old can work there. If not, then probably not.

 

[eerelations]

That's why I was asking for the type of liquor license as that will also tell us what kind of facility it is. https://www.abc.ca.gov/forms/abc616.pdf

If this is a restaurant, then the 20 year old can work there. If not, then probably not.

It's apparently a bar that serves food some of the time. The 20-year-old will be working there primarily when the kitchen is closed (i.e., when the bar is not serving food).

 

[quincy]

It's apparently a bar that serves food some of the time. The 20-year-old will be working there primarily when the kitchen is closed (i.e., when the bar is not serving food).

vdo has described the establishment as both a "bar" and as a "restaurant with a hard liquor license." This difference when hiring a minor can be the difference between a potential misdemeanor and loss of license for the owner, and a minor working legally in the establishment for the owner.

What the minor cannot do is work in a bar or the bar portion of a restaurant. The minor can work in a restaurant that has a bar and the minor can serve drinks as part of his duties as a restaurant server (e.g., serve a drink with a dinner).

If it is not a bona fide restaurant, the minor should not be hired - even to clean up at the end of the day.

 

[eerelations]

Well, no matter what this type of place is, if the kitchen's not open when the minor is working there (and OP said minor would be working there mainly when the kitchen is closed), then minor will not be working in a place that is serving food.