Some States provide an exception when alcoholic beverages are furnished to a minor by a parent/guardian or spouse. Some States specify that the spouse must be of legal age, while others do not.
Some States also allow exceptions for educational purposes (e.g., students in culinary schools), religious purposes (sacramental use of alcoholic beverages), or medical purposes.
Some States provide sellers and licensees with one or more affirmative defenses against a charge of furnishing alcoholic beverages to a minor. First, some States allow an affirmative defense when the minor has not been charged with an offense. In these states, an accused seller or licensee can defend by establishing that the minor was not charged. This affirmative defense is included in the comparison tables for Furnishing. Second, in some States, an affirmative defense is available in connection with beverage service training programs. Information on the affirmative defense for beverage service training is presented in a separate APIS policy topic (Beverage Service Training and Related Practices).
All States appear to prohibit furnishing alcoholic beverages to minors by both commercial (bars, restaurants, retail sales outlets) and non-commercial servers. However, examination of case law would be required to determine with certainty that the prohibition applies to both commercial and non-commercial servers in all States. APIS does not review case law.
In some States, furnishing laws are closely associated with laws that prohibit hosting underage drinking parties. Hosts who allow underage drinking on their property as well as supply the alcohol consumed or possessed by the minors may be in violation of two distinct laws: furnishing alcohol to a minor and allowing underage drinking to occur on property they control. Additional information is available in the Prohibitions Against Hosting Underage Drinking Parties policy topic.
Policy Description