Under North Carolina law, individuals must be 21 years old to purchase, attempt to purchase, possess, or consume alcoholic beverages. Serving alcohol to an underage person is illegal and could result in both criminal charges and ABC Commission penalties ranging from a large fine to suspension or revocation of ABC permits.
One way to avoid ABC trouble (or criminal penalty) for selling to an underage person is to CHECK IDs. North Carolina law provides that a seller cannot be held responsible for an underage sale if the seller can show that the purchaser produced a valid, non-expired driver’s license, special North Carolina ID card for non-operators of motor vehicles, military ID, or passport. The ID must show the purchaser is at least the required age for purchase and must also have a photograph that bears a reasonable resemblance to the purchaser.
Although not nearly as effective as properly checking IDs, state law says that the seller also may produce evidence of other facts at a hearing reasonably indicating that at the time of sale the purchaser was at least 21. As a practical matter, however, if the seller did not check the buyer’s ID, no number of “other” facts are likely to avoid a negative outcome.
A new section of the law provides an additional defense to a person selling alcoholic beverages to a person under 21 years of age. This defense is available if the buyer previously registered an accepted form of identification with the seller and the buyer used a biometric identification system (e.g., a fingerprint) to show their age.
Two practical tips for compliance:
- Staff should be instructed not to take the word of an obviously older adult accompanying the child. Many parents permit their underage children to drink at meals and will vouch for their child’s age to allow this in a restaurant. Their “consent” to you serving their child will not protect you from ABC or criminal enforcement.
- Many law enforcement sting operations utilize older officers who accompany the underage person and who “vouch” for the person’s age by sitting silently while the underage person orders alcohol. Always check ID.
