Language in 18+ alcohol serving bill leaves possibility open for under-21 bartenders, state director says

ANCHORAGE, Alaska (KTUU) - Alaska Alcohol & Marijuana Control Office Director Joan Wilson said that while unlikely, language included in a bill that supporters say will help fill the hospitality industry worker shortage by allowing 18- to 20-year-olds to serve alcohol could technically lead to bartenders under the age of 21 being hired.

“[The Alcohol Beverage Control Board] had written to the Legislature to express concern and ask that the word dispense be removed from allowable employment activities for 18- to 20-year-olds,” Wilson said in a statement, referring to an ABC Board advisory decision on House Bill 189.

“While this requested edit to exclude the word ‘dispense’ was not included in the final bill – I am assuming because of the speed at which the bill moved at the close of session and not through direct intent -- I do expect the ABC Board will be taking steps to disincentive the employment of 18 – 20-year-old bartender.”

Wilson was referring to lawmakers passing HB 189 after midnight on the last day of the session. Some lawmakers have said that bill — and others as well — may have to be taken up again during a special session if the courts rule that it is unconstitutional due to them being passed past midnight on the final day.

Other lawmakers say they are not concerned because of the positive impact HB 189 will have on the state, and no complaint has been filed.

Many lawmakers supported the position of the bill’s sponsor, Rep. Jesse Sumner, R-Wasilla, who has said the law change is needed to help businesses dealing with labor shortages while offering younger employees higher-paying jobs under what supporters call appropriate supervision.

Alaska is currently one of three states requiring employees to be at least 21 years of age to serve alcohol.

Over the phone, Sumner’s staff said that the sponsor did not intend to create a pathway for 18-year-old bartenders in Alaska, only for servers.

The bill has yet to be signed by the governor, but places like 49th State Brewing say they support the potential law change because they need more servers.

“Young adults are saying they want to do it; we have to frequently turn down applications and applicants who are not aware of the law,” Ellen Maloney, communications director for 49th State Brewing, said.

Maloney said 49th State Brewing is not considering hiring 18-year-old bartenders, and that it’s a responsibility that someone that young is not ready for.

“With our structure for training, for delivering hospitality, it wouldn’t make sense to us. But we also see the benefit of getting trained early so that people can be promoted when they are ready,” Maloney said.

Wilson also said she thinks it would be a very rare case where one might see an underage bartender in Alaska.

“They can [disincentivize] through regulation by requiring steps like one-on-one supervision, additional education, and enhanced security plans to ensure these individuals do not serve underage drinkers or intoxicated persons,” Wilson wrote.

“I think it would be the very rare case where one might see an underage bartender. Should it be signed into law, we will continue to work with the industry and the recovery communities to guard against any unintended consequences of a bill greatly favored by the industry and the ABC Board.”