14B NCAC 15B .0203       EMPLOYEE AGE REQUIREMENT

(a)  Age Requirement: Brownbagging, Mixed Beverages and Special Occasions Permits.  Persons holding Brownbagging, Mixed Beverages or Special Occasions Permits shall have an employee who is at least 21 years of age in charge of the licensed premises at all times.

(b)  Age Requirement: Malt Beverage, Unfortified Wine and Fortified Wine Permits. Persons holding retail Malt Beverage, Unfortified Wine, or Fortified Wine Permits shall have an employee who is at least 18 years old in charge of the licensed premises at all times.

(c)  Bartenders: Brownbagging, Mixed Beverages and Special Occasions Permits.  No person under the age of 21 may be employed by any permittee to mix drinks containing spirituous liquor.

(d)  Waiters and Waitresses.  Ages of persons employed in the preparation, serving, sale or delivery of alcoholic beverages at any establishment holding permits for the on‑premise sale or consumption of alcoholic beverages are governed by the provisions of The Wage and Hour Act, Article 2A of Chapter 95 of the N.C. General Statutes.

(e)  Other Employees: This Rule does not prohibit the employment of a minor by a permittee if the minor does not prepare, serve, sell, or deliver any alcoholic beverages, and if the employment is otherwise lawful under the Wage and Hour Act.

(f)  Off‑Premise Permits.  This Rule does not prohibit the employment of minors at an establishment holding only off‑premise permits for the retail sale of malt beverages or wine.

(g)  Topless Minors.  No permittee may employ or allow any female under the age of 18 to perform any service if the minor exposes to public view or wears transparent clothing that reveals the nipple or any portion of the areola of the breast.

History Note:        Authority G.S. 18B-100; 18B‑207; 18B‑900; 95‑25.5(j);

Eff. January 1, 1982;

Amended Eff. July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02S .0205 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.