Legislative Trends: Reducing the Age to Serve Alcohol

Labor shortages are one of the main issues facing the restaurant industry today. According to a recent poll, 62% of operators say their restaurants do not have enough employees to keep up with demand. Policymakers have struggled to address these labor market issues in the restaurant industry. However, one practical policy solution that is gaining momentum since the COVID-19 pandemic is reducing the minimum age to serve alcohol in restaurants.

It is important to note that reducing the age to serve alcohol is not the same as reducing the age to pour. The law distinguishes between “pouring” and “serving” activities. Serving alcohol consists of taking the alcohol from the bar to the customers. Pouring alcohol means an employee can dispense alcohol and serve it. Recent legislative changes have not focused on reducing the age to dispense alcohol, which varies across jurisdictions.

Currently, the majority of states require employees be at least 18 years old to serve alcohol. Maine was one of the first to lower the age to serve below 18 to age 17. In 2017, Arizona followed suit and lowered the age to serve from 19 to 18. In 2022, more states followed the example of

Arizona and Maine, including Alabama, Michigan, and Ohio.

More recently, Iowa enacted a new law in May of 2023 that expands the ability for minors to work. Under the new law, employees as young as 16 can now serve alcohol in restaurants. Importantly, the law also requires these minor employees working with alcohol attend sexual harassment prevention training.

This wave of new legislation is largely welcomed by the restaurant industry for two major reasons. First, it allows for a new pool of potential employees to work in restaurants. Second, it improves workflow in restaurants that serve alcohol. Restaurants in states with higher minimum server age face a more complicated environment for serving alcohol to patrons. This lower minimum age removes the cumbersome process where some servers cannot serve alcohol and improves efficiency.

In sum, we are likely to see more states in the future to consider and possibly implement public policy reducing the age to serve.

Legislative Trends: Reducing the Age to Serve Alcohol