Minimum Employment Age for Alcohol Servers in Illinois
To serve alcohol in Illinois, you must of course, first be of legal age under Illinois state law. While the drinking age in Illinois is 21, the laws regarding what someone needs to be in order to serve to folks in this state is flexible and different.
For employees of convenience stores and grocery store chains to serve alcohol perimeters, they must be at least 18 years of age. This is true of all big box grocery stores. If those same stores employ individuals who are working on the sales floor selling alcohol , they are allowed to work at 16 as long as they are supervised by a legal age server.
The legal age to be a server on a bar or in a restaurant is 19. That means that to work on the other side of the bar in a restaurant you have to be at least nineteen. Work in a bar, lounge or nightclub requires you to be 21 years of age. That’s a pretty big difference.
The source of this information comes from the Illinois Compiled Statutes 235 ILCS 5/6 in Title VIII and IX.
Rules and Exemptions
Restaurants, bars, and other establishments that serve alcohol in Illinois must adhere to the minimum legal age for serving alcohol, which varies among the many exceptions and additional regulations. Certain exceptions to the "21-or-over rule" may be granted to individuals 18 years or older, provided that older staff supervise the younger employees.
While Illinois law requires that all employees who sell or serve alcohol must be at least 21 years of age, Illinois allows exceptions under a condition that any individual 18 years of age or older serving or selling alcohol will do so under the supervision of a person 21 years or older who has been "trained to detect intoxication and who understands and is familiar with the requirements of the Liquor Control Act." (235 ILCS 5/6-16). All servers must also complete a server training program within 120 days of their date of hire, pursuant to the Employee Alcohol Service Training Act (Beverage Alcohol Sellers and Servers Education and Training Act).
In addition, an employee of a restaurant who attends to customers at the table may be younger than 21. An employee of an establishment that primarily sells food, such as a grocery store, pharmacy, or convenience store, who sells beer only in a sealed container for off-premises consumption, or wine or beer with an alcohol concentration of 0.5% or less by weight, also may be under 21.
States’ liquor laws have a wide variety of exceptions and additional regulations concerning the minimum legal age for serving alcohol. Rhode Island, for example, allows 18 year-old workers to serve alcohol under supervision by a person 21 and older, which is similar to Illinois law. However, New Jersey requires liquor license holders to hire only employees 18 and older to serve alcohol.
Licensing also varies among states that allow those under 21 to serve alcoholic beverages in certain circumstances. For example, the state of Minnesota will issue licenses for persons under 21 years of age to sell 3.2% malt liquor for consumption off the premises.
Loyola’s Chicago Bar Review Cheat Sheets and Quizzes section has posts about legal age limits in Illinois for serving alcohol, among other topics covered in the bar exam and the Multistate Professional Responsibility Exam.
Comparison with Other States
When it comes to the legal age for serving alcohol in the food service industry, there are several variations across the United States. Illinois is part of the small group of states that allows for individuals to serve alcohol starting at the age of 18. Meanwhile, in the surrounding states of Wisconsin and Missouri, employees must be 21 years or older to sell alcohol since both share a legal alcohol purchasing age with Illinois. The only state that requires a server to be 25 or older is Arkansas. In the case of Arkansas, you are required to be an owner, partner, or corporate officer of the business to serve alcohol if you are 18 or older.
The majority of states land somewhere around the same as Illinois in that the minimum age for serving alcohol is 18 years old. However, there are six states that require servers to be 21 or older at all times. These states include Arizona, California, Hawaii, New Hampshire, North Carolina, and South Carolina. Notably, both North and South Carolina have a minimum age of 18 that rises as the alcohol being served increases in its level of alcohol.
Specific Training or Certification Requirements
In Illinois, employees must complete mandatory training programs and obtain certifications before they can legally serve alcohol. One of the most common alcohol service training programs is the Beverage Alcohol Sellers and Servers Education and Training (BASSET) program, as mandated by the Illinois Liquor Control Commission. The State of Illinois mandates training for alcohol servers in accordance with the Liquor Control Act of 1934. This program is implemented by the Illinois Liquor Control Commission and overseen by the late Illinois State Senator William H. Bayer. Offered through the Illinois Department of Human Services, BASSET training takes place over a minimum of four hours. Courses include major topics related to alcohol service, including the effects of alcohol on human behavior , how to recognize intoxication, the responsibilities of servers and alcohol suppliers and how to prevent underage drinking. Because of its strong focus on practical knowledge, the course focuses on prevention and intervention methods rather than serving techniques. The training will not equip participants to check identifications or serve customers. Completion certificates are valid through the Department of Human Services until the employee renews his or her BASSET certification. Employees must retake the course every three years. Some municipalities also offer BASSET courses led by local police departments or the liquor commission. Although attendance for these courses is sometimes voluntary, certifications earned through HERO and other local courses do not transfer to other organizations.
Impact on Employers and Employees
The gravity of compliance with the legal age of 21 for serving alcohol cannot be overstated, and bears consideration by both employees and employers. Those who sell or serve alcohol are subject to strict liability under the Illinois Liquor Control Act for its violation.
Many violations of the Liquor Control Act are imposed on a liquor licensee, including selling alcohol to a person under the age of 21, regardless of whether or not the employer knows the individual is underage. 235 ILCS 5/6-16.1. The potential for significant liability is illustrated in one case where the employer had a policy of checking identification before serving alcohol, but allowed employees to card a customer only once, and to refuse service to that customer only if they did not have identification. An employee served alcohol to a bartender on duty at the establishment who looked young; indeed he was 18 years of age. The Liquor Control Commission found the licensee liable for a fine of 30 days suspended for a violation of 10 days. The licensee appealed and the circuit court increased the penalty to 20 days suspension. On review in the Appellate Court, the licensee’s fine was again increased, this time to 40 days suspension. According to the Appellate Court, the fact that the licensee had a policy requiring its employees to check identification and card customers who appeared to be underage, "does not absolve [the licensee] from liability for what actually happened." Jack Daniel’s Properties, Inc., et al. v. Smith-Boughan, 325 Ill. App. 3d 313, 325 (1st Dist. 2001).
Because many violations are strict liability, it is easy for employers to run afoul of the Liquor Control Act, and face financial penalties, advertising suspensions and even license revocation. But employers are not the sole violators. Employees too can face legal consequences for violations of the Liquor Control Act. Fourteen years ago, the Illinois Supreme Court held that an underage person who is refused liquor service is not properly regarded as a "licensee" or "invitee" under Illinois law, and is therefore not prohibited from bringing a civil suit against an employer for its employees’ actions. McCarthy v. Wani Veterinary Hosp., Ltd., 318 Ill. App. 3d 876, 882 (1st Dist. 2001). Instead, the underage patron’s civil cause of action is based on principles of negligence. Therefore, employees who serve alcohol know that, at least when they are working, they have a duty to refuse to serve alcohol to a minor.
Recent Developments and Amendments
The Illinois Secretary of State’s Office reported that in January 2021, the Illinois General Assembly passed two laws aimed at reforming drinking requirements to reflect the increasing efficiency of alcohol delivery. These laws were enacted to make liquor ordering and delivery more accessible during the pandemic, and in honor of drink delivery being legalized in Illinois in March 2019.
The laws intend for adults aged 18 to 20 to be able to deliver alcohol legally, drawing from language in Illinois state law that does not technically rule out people under the legal drinking age from making deliveries. When they take effect, the bills will also allow for permanent drink delivery. Illinois liquor store employees and delivery drivers are currently required to take a state-administered training program on alcohol service by July 2021 if they enable alcohol delivery under the law .
Existing Illinois state law prohibits sales of liquor to persons younger than 21, but the law is often ambiguous when it comes to deliveries. Some liquor stores did not allow their employees to deliver liquor if they were younger than 21 out of fear of going against the statute. If the language of the law is literally interpreted, the state has not set any legal restrictions on delivering by a person under the legal drinking age. Still, some liquor stores have interpreted the law as strictly defining the term "sell" as selling in person. These recent state legislative updates have clarified the statute to include the term "deliver," which would make it legal for younger than 21 employees to deliver alcohol to customers. Despite these changes to the law, it’s unclear what the impact will be on Illinois legislation and businesses when the COVID-19 pandemic passes.