Code of Alabama

Ala. Code § 28-1-5 (2026)

Minimum Age for Purchase, Etc., of Alcoholic Beverage; Employment of Underage Individuals by Board Licensee.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Notwithstanding Section 26-1-1, it shall be unlawful for an individual less than 21 years of age to attempt to purchase, purchase, consume, possess, or transport any alcoholic beverage within the State of Alabama.

(b) Nothing in this section shall prevent an individual who is less than 21 years of age from being employed by a licensee of the board, provided the individual may not handle, transport, serve, or dispense alcoholic beverages, except as authorized under subsection (c), and a representative of the licensee who is 21 years of age or older must be in attendance at all times the individual is working.

(1) An individual who is 18, 19, or 20 years of age and is employed by a restaurant or a hotel that is a restaurant or special retail licensee may serve alcoholic beverages, provided all of the following conditions are met:

a. The employee is working within the scope of his or her employment as a server or a busser.

b. The employee may not work as a bartender and may not pour or dispense alcoholic beverages or deliver alcoholic beverages to a guest room.

c. The restaurant or hotel that is a restaurant or special retail licensee is annually certified as a responsible vendor under the Alabama Responsible Vendor Act as provided in Chapter 10. Responsible vendor training or testing for these licensees may be conducted online by computer, in a classroom, or by live trainers. Any online training must include employee testing to pass. Nothing in this paragraph shall be construed to require an in-person test administrator or proctor.

(2) An individual under 21 years of age who is employed by a wholesale licensee or an off-premises retail licensee may handle, transport, or sell alcoholic beverages, provided the employee is working within the scope of his or her employment.

(d) The board may levy a civil penalty, up to and including suspension or revocation of the license, against any licensee who requests or requires as a condition of employment an employee under the age of 21 years to handle, transport, serve, or dispense alcoholic beverages in a manner that violates this section, as follows:

(1) Two hundred fifty dollars ($250) for a first offense.

(2) Five hundred dollars ($500) for a second offense.

(3) One thousand dollars ($1,000) for a third or subsequent offense.

(Acts 1985, No. 85-687, p. 1102; Act 2000-791, p. 1864, §1; Act 2022-383, §1; Act 2023-252, §1.)

Notes of Decisions

Cited in 8 cases, 1989–2011 · leading case: Ex Parte Bayliss, 550 So. 2d 986 (Ala. 1989).

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Ex Parte Bayliss, 550 So. 2d 986 (Ala. 1989). “Alabama Code 1975, § 26-1-1; for exceptions see § 26-1-1(d) (youthful offenders) and § 28-1-5 (purchase of alcoholic beverages, since May 29, 1985).”

Swint v. State Alcoholic Beverage Control Bd., 628 So. 2d 769 (Ala. Civ. App. 1993). · cites it 8× “To adopt this reasoning, however, would conflict with the interpretation of Ala.Code 1975, § 28-1-5, which, in part states, “[i]t shall be permissible to employ persons in an on-premise licensed establishment under legal drinking age such as professional entertainers, show…”

Kelley v. Ryals Servs., Inc., 585 So. 2d 1371 (Ala. 1991). · cites it 5× “” The plaintiff also relies on Ala. Code 1975, § 28-1-5, which reads, in pertinent part, as follows: “Notwithstanding the provisions of § 26-1-1, it shall be unlawful for a person less than 21 years of age to purchase, consume, possess or to transport any alcohol, liquor or malt…”

E.H.G. v. E.R.G., 73 So. 3d 634 (Ala. 2011). “See § 28-1-5, Ala.Code 1975. Additionally, adults may face criminal charges with regard to providing alcohol to minors at open house parties.”

J.S.H. v. State, 710 So. 2d 507 (Ala. Crim. App. 1997). “02 percent in the case of defendants under the age of twenty-one is clearly related to the purposes of § 28-1-5, Ala.Code 1975, which prohibits persons under twenty-one from consuming any amount of alcohol.”

Ex Parte Erg, 73 So. 3d 634 (Ala. 2011). “3d 252 (Ala.Crim.App.2009) (parents convicted of violation of § 13A-11-10.”

JSH v. State, 710 So. 2d 507 (Ala. Crim. App. 1997). “02 percent in the case of defendants under the age of twenty-one is clearly related to the purposes of § 28-1-5, Ala.Code 1975, which prohibits persons under twenty-one from consuming any amount of alcohol.”

J.D.B. v. State, 819 So. 2d 638 (Ala. Crim. App. 2001). “26, the appellant was charged with consuming aleo- *639 hoi while under 21 years of age, a violation of § 28-1-5, Ala.Code 1975. After the State moved to transfer the appellant to the circuit court to stand trial as an adult on all three charges, the juvenile court, on July 27,…”

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