Do I Need a License to Serve Alcohol?
The world has always had an affinity for alcoholic beverages, and the United States is no different. Although well-known alcohol laws such as no drinking under the age of 21 seem like federal law because of their pervasiveness, most authority for alcohol regulations are determined by the state. This can cause some confusion amongst young waitstaff as a minor might be able to sell alcohol in one state, but not in others.
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History
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Except for chronic drinking, alcohol was served freely in most states until the complete ban on alcohol during the 1920s and 1930s. The ban on the sale of alcohol was popular in the states in the 1800s. About half of all the states severely restricted alcohol use until the 18th amendment passed in 1920. Prohibition ended in 1933, but states enacted licensing laws to reduce the underground liquor market.
Federal and State Laws
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The 21st Amendment gives the national and state governments the right to regulate the use and sale of alcohol. Although the Commerce Clause gives the federal government the ultimate authority to regulate alcohol, most regulation regarding serving is left up to the individual states. The federal government usually gives incentives to states who pass certain laws. For example, the 21 years age limit is adopted by states in return for federal highway funding.
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Service Employees
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Although the restrictions on who may sell and serve alcohol vary from state to state, some generalities have formed. For selling alcohol, such as at a grocery store, most states allow minors to sell alcohol so long as an employee older than 21 is working at the store. A majority of states also allow minors to serve and/or mix drinks. A serving certification is sometimes instituted. In the United States, 28 states require that service employees pass a certification on alcohol laws before working.
Establishments
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All U.S. states regulate the sale of alcohol; the difference lies in what type of business may sell it. For example, some states require that liquor be sold in government-run stores, but they allow beer in supermarkets. Other states require that all alcohol be sold in a government-run store. Most states let private individuals apply for a license to sell alcohol. Counties and towns may further restrict when and what types of alcohol a licensed liquor vendor may sell.
Criticism
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Despite the repeal of prohibition, there is still debate over the serving of alcohol and general alcohol laws in the United States. According to a ServingAlcohol.com poll, most people feel that minors should not be allowed to serve alcohol until they are of age. Exposure to the drinking culture at an early age could lead to a relaxed view of alcohol and even access to alcohol by less strict managers and owners.
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