Selling or providing alcohol to a minor is a serious criminal offense in Texas.
In Texas, it is against the law to sell, give, or provide alcohol to minors under the age of 21 years old. Regardless of whether you work in a bar or liquor store, it can be difficult to differentiate a 20-year-old from a 21-year-old. Still, under the Texas Alcoholic Beverage Code, it is a serious offense to sell alcohol to minors. Likewise, those who have recently turned 21 years old may want to purchase alcohol for their younger friends. This, too, is a serious offense.
How to Ensure Compliance
Under the Texas Alcoholic Beverage Code, selling alcohol to a minor is an offense of criminal negligence. Arguing that a customer looked older than 21 years old is not a defense to the offense. If you are a seller of alcohol, you have a responsibility to check the official identification of buyers to ensure that they are of legal age to purchase alcohol. Valid ID must contain a photograph that looks like the buyer's, along with a physical description. Valid forms of ID include a military ID card, a passport, or a driver's license.
Penalties for Providing Minors with Alcohol
Selling Alcohol to a Minor in Texas is taken very seriously, even if it is your first offense. The offense is classified as a Class A misdemeanor, and as such, the penalties are as follows:
- A maximum fine of $4,000
- Up to one year in jail
- A driver’s license suspension of 180 days
While a less serious crime than felonies, a conviction for a misdemeanor will still remain on your permanent criminal record. This could cause you to lose your job at the establishment where you sold a minor alcohol and make it harder to secure employment in the future. Additionally, you may also be liable for paying damages caused by the minor, such as property damage from a motor vehicle accident or other damage the minor caused.
Lastly, retailers who sell alcohol to minors can also lose their liquor license for up to 90 days. The Texas Alcoholic Beverage Commission (TABC) will determine if the establishment is responsible.
Sale of Alcohol to Minors with Fake ID
It is not uncommon for minors to use fake identification to try and purchase or consume alcohol. As long as the ID includes a photo of the minor and a physical description that matches, retailers and individuals cannot be criminally punished for selling alcohol to a minor. Instead, the minor may be charged with a Class C misdemeanor, which carries a penalty of community service and a maximum $500 fine.
Our Criminal Defense Lawyers in Austin Can Help with Your Defense
Selling alcohol to a minor places your freedom and your business at risk. At Granger and Mueller, PC, our Austin criminal defense lawyers can advise on your case and prepare a defense strategy that will protect you, your company, and your liquor license. Call us now at (512) 474-9999 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.