Question:
I run a small BYOB. I had a table that brought wine and suspect at least some of the guests at the table were under 21. I told my server not to pour for them. Am I still liable if they get caught for underage drinking? Should I be carding even though I don’t have a liquor license?
– General Manager, Philadelphia
Answer:
Yes. Even though you don’t have a liquor license, as general manager you take responsibility for what happens in your establishment. While you don’t risk losing a license you don’t have, you are setting up your establishment and your employees for liability if you condone underage drinking, even if you are not providing the alcohol.
While you are on the right track by not pouring alcohol for your guests, you should be going further by making sure that any guest consuming alcohol in your restaurant is of legal age.
I confirmed with the Pennsylvania State Police Bureau of Liquor Control Enforcement, which recently gave a presentation to Philadelphia restaurateurs. Their guidance was to card guests, even at BYOB establishments, letting underage guests know that they will need to enjoy food without drinks, or leave your restaurant.
It is a good idea to use the latest guidance on checking IDs.
As always, check with your attorney and local restaurant association to be sure you are in compliance.
More on alcohol liability here.