Is It Illegal to Drink on the Job?

Bartending is a fun job that comes with many perks. It’s social and exposes you to a wide variety of experiences. But as a bartender, it’s important to follow the rules and regulations.

One of the most common questions people ask about bartenders is whether or not they can drink on the job in NYC.

Here’s what you need to know.

Are Bartenders Allowed to Drink on the Job?

No.

There is no provision of the ABC Law or the related regulations that explicitly prohibits an employee from consuming alcoholic beverages while on duty at the licensed premises. However, based on the facts of a particular case, an employee’s consumption of alcoholic beverages while on duty at the licensed premises may lead to the issuance of a notice of pleading alleging violations of the ABC Law (e.g., disorderly premises, failure to supervise, etc.).

Keep in mind, in New York State and New York City, there are no regulations that require a server or bartender to be licensed to sell alcohol. Adults 18 or older can work as bartenders or servers in venues that sell alcohol to drink on-site. However, there may be several licenses and certifications that the establishment must have to remain open.

Bartenders caught in the act of drinking while on the job could lose their jobs or face legal action. While the law might seem strict, it exists for a good reason. Bartenders play an important role in ensuring that their patrons are served responsibly. They’re responsible for making sure patrons are not over-served. They must keep their judgment sharp.

Even if bartenders were permitted to drink on the job, they’re still responsible for monitoring their patrons’ alcohol consumption. They must keep an eye out for trouble.

Alcohol consumption clouds one’s judgment. Drinking can lead to mistakes and accidents. It’s especially dangerous in a fast-paced environment where customers are impatient and want their drinks quickly. Therefore, drinking on the job can put the entire establishment at risk and if caught, could lead to severe punishments.

How Bar Owners Can Protect Employees

To avoid any mishaps, bar owners need to educate their employees about the law and the risks associated with drinking on the job. Proper training and continuous supervision should be put in place to ensure compliance.

Bartenders should keep their focus on delivering good customer service rather than getting drunk on the job. Furthermore, they should always keep in mind that they have a responsibility to their customers. Anything that could lead to impairment on their part may lead to severe consequences.

Bartending is more than just serving drinks. It’s a profession that requires strict adherence to the law, diligent customer service, and dedication. Are bartenders allowed to drink on the job?

While it may be tempting for bartenders to have a few drinks with customers or to try out new drink recipes, it’s important to remember that drinking on the job is too risky.

If you’d like to know more about your rights as a bartender or hospitality industry employee in New York or you have questions about protecting your employees as a bar owner, we can help. For more information or to speak to someone about your rights in the workplace if you face discrimination, contact Borrelli & Associates, P.L.L.C.