In Texas, you have to be at least 18 years old to serve alcohol at a restaurant, bar, or any other on-premise establishment. The Texas Alcoholic Beverage Code prohibits employing anyone under 18 to sell, prepare, or serve alcoholic beverages.1State of Texas. Texas Alcoholic Beverage Code 106.09 – Employment of Minors The floor is the same whether you’re pouring beer, opening wine, or mixing spirits, and it applies at any venue with an on-premise license or permit.2APIS – Alcohol Policy Information System. Minimum Ages for On-Premises Servers and Bartenders
Bartending in Texas Is Also 18
A lot of people assume bartenders have to be 21. That’s the rule in some states, but not Texas. The state treats serving and bartending the same, and both require a minimum age of 18.3Texas Alcoholic Beverage Commission. FAQs An 18-year-old can legally stand behind the bar, pour drinks, and serve them to customers.
Employers can set a higher internal age policy if they want, and many bars do prefer bartenders who are 21 or older. That’s a hiring preference, not a legal requirement.
What Workers Under 18 Can and Can’t Do
Being under 18 doesn’t shut you out of a restaurant that serves alcohol. It just limits what you can be assigned. A minor can bus tables, host, or wash dishes at a restaurant with a liquor license, as long as the work doesn’t involve selling, preparing, or serving alcoholic drinks.1State of Texas. Texas Alcoholic Beverage Code 106.09 – Employment of Minors
There is one narrower exception that lets a worker under 18 ring up transactions that include alcohol. Two conditions have to be met:
- The establishment holds a food and beverage certificate, or earns less than half its gross revenue from alcohol sales.
- The alcoholic beverages in that transaction are physically served by someone who is 18 or older.
So a 17-year-old cashier at a family restaurant can process a tab that includes a glass of wine, as long as an adult coworker was the one who actually carried the drink to the table.1State of Texas. Texas Alcoholic Beverage Code 106.09 – Employment of Minors
Off-Premise Ages Are Different
If you’re looking at a job at a store rather than a restaurant or bar, the age rules change depending on what the store sells.
Grocery and convenience stores selling beer and wine. The TABC doesn’t set an age restriction on employees at most off-premise beer and wine retailers. General child labor law still applies, but the Alcoholic Beverage Code itself doesn’t impose a minimum age for these workers.3Texas Alcoholic Beverage Commission. FAQs
Wine-only package stores. These specialty wine shops sell wine with higher alcohol content than what you find at a grocery store, and they can hire employees as young as 16.1State of Texas. Texas Alcoholic Beverage Code 106.09 – Employment of Minors
Liquor stores (package stores). Every employee has to be at least 21. This is the strictest age rule in Texas alcohol law, and it applies to anyone working on the premises in any role, not just the person at the register.4Justia Law. Texas Alcoholic Beverage Code Chapter 22 – Section 22.13 Age of Package Store Employees It covers stocking shelves, sweeping floors, and every other task. If you’re under 21, a package store can’t hire you at all, unless you’re the child of the owner and the store is operated by your parent or legal guardian.
Do You Need TABC Certification to Serve?
The TABC offers a seller-server certification course covering responsible alcohol service, spotting intoxication, and handling situations involving minors. Texas does not legally require the certification for employment.5Texas Alcoholic Beverage Commission. TABC Certification FAQs The agency “strongly recommends” it, and most employers treat it as a hiring prerequisite because of the legal protection it gives the business if a server ever makes an illegal sale.6Texas Alcoholic Beverage Commission. TABC Certification
The certification is valid for two years from the date it’s issued.5Texas Alcoholic Beverage Commission. TABC Certification FAQs There is no minimum age for taking the course, so a 17-year-old can complete it before turning 18 and be ready to start on their birthday. Approved online courses are widely available and typically cost under $10.
What Happens If You Serve Alcohol Underage or Sell to a Minor
The penalties run on two separate tracks. The individual employee faces criminal charges, and the business faces sanctions on its license.
Selling alcohol to a minor is a Class A misdemeanor in Texas. A conviction carries a fine of up to $4,000, up to one year in jail, or both.7State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor That charge follows the server or cashier personally, and the conviction stays on a criminal record.
On the business side, the TABC uses a graduated penalty system. For selling to a minor, a first offense brings 8 to 12 days of license suspension, a second brings 16 to 24 days, and a third can run from 48 days all the way to license cancellation. Employing a minor to handle alcohol carries 5 to 7 days for a first offense, 10 to 14 days for a second, and 30 days to cancellation for a third. Allowing a minor to possess or consume alcohol on the premises runs 3 to 5 days, then 6 to 10, then 18 days to cancellation.
At each step, the TABC may offer the business an optional monetary penalty of $300 per day of suspension instead of actually closing.8Texas Alcoholic Beverage Commission. TABC Public Safety Penalty Chart A first-offense sale to a minor at the top of the range would cost $3,600 to buy out. A third offense of any type can end in permanent cancellation, which closes the business.