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In what states can bartenders drink on the job?

Published in Bartender Alcohol Laws 3 mins read

Bartenders in several U.S. states are permitted to drink on the job, typically under specific circumstances related to "quality testing" the beverages they serve. This allows them to ensure the consistency and flavor of drinks before they reach customers.

States Where Bartender Drinking is Permitted

While most states have strict prohibitions against employees consuming alcohol during work hours, some adopt a more lenient approach. These states often allow bartenders to "quality test" drinks, which means they can taste a small amount of a beverage for quality control purposes.

The states where bartenders are generally allowed to drink on the job include:

  • Nevada
  • Michigan
  • Idaho
  • New Mexico
  • Louisiana
  • Missouri
  • Virginia
  • Oregon

Understanding "Quality Testing"

The concept of "quality testing" is crucial in these states. It's not an open invitation for bartenders to consume alcoholic beverages freely while working, but rather a professional allowance. This typically involves:

  • Small Portions: Only a minimal amount of a drink is tasted, often just a sip.
  • Professional Context: The tasting is done strictly for quality control, such as checking a new batch of cocktails, verifying ingredients, or ensuring a tap line is clean and the beer is fresh.
  • No Impairment: Bartenders are still expected to perform their duties competently and remain sober. Any level of intoxication on the job would be a serious violation, regardless of the state's specific rules on tasting.

State-Specific Regulations

It's important to note that even within these states, specific regulations can vary. Local ordinances, employer policies, and state Alcohol Beverage Control (ABC) laws often provide additional layers of rules. For instance, some states might require the establishment to have a specific license or policy in place to allow such tasting. Bartenders and establishment owners should always consult their state's and local jurisdiction's Alcohol Beverage Control (ABC) regulations to understand the exact nuances of these laws.

State Quality Testing Permitted
Idaho Yes
Louisiana Yes
Michigan Yes
Missouri Yes
Nevada Yes
New Mexico Yes
Oregon Yes
Virginia Yes

Best Practices for Bartenders

Even in states where quality testing is allowed, adherence to responsible practices is paramount. Bartenders should:

  • Understand Employer Policies: Always be aware of and follow the specific rules set by their employer, which may be stricter than state law.
  • Prioritize Safety: Never allow tasting to impair judgment or ability to serve customers responsibly.
  • Focus on Professionalism: Maintain a professional demeanor and uphold the standards of responsible alcohol service.