The Private Event and the Unlicensed Sale
A neighborhood art gallery with no ABC license is hosting a Friday evening opening. The owner, Lena, plans to sell $8 glasses of wine and $10 cocktails from a temporary bar to about 120 guests, many of whom are strangers to her. She has hired a bartender who holds a current RBS certification. Lena says the event is 'private' because guests RSVP'd, and she believes that makes the alcohol sales legal. She also plans to let guests under 21 attend the art show, with a wristband system to mark who may drink. The event runs from 6 to 10 p.m. and the gallery has a small kitchen serving cheese and crackers.
1. Does the 'private RSVP' framing make Lena's alcohol sales lawful without a license? Explain.
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No. Selling alcohol to guests requires an ABC license appropriate to the activity, such as an on-sale license or a temporary event permit where available. Calling an event private and using RSVPs does not exempt the gallery from licensing; the gallery is selling alcohol to the public for consumption on the premises. Lena needs to obtain the proper license or permit before the event or arrange for a licensed caterer to handle sales. Hiring a certified bartender does not cure the missing license - certification is necessary but not sufficient.
2. Assume Lena obtains a proper license. Evaluate her wristband plan for under-21 guests.
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A wristband system can help staff identify who may drink, but it is not a substitute for checking ID. Every guest who appears under 30 should be ID-checked at the bar before receiving alcohol, and the wristband should only be issued after a valid ID confirms age 21 or older. Wristbands can be transferred or shared, so the bartender must still verify age at service. The plan should include a single controlled entrance for ID checks, distinct wristbands, and a written policy that under-21 guests may attend but not drink. The server must also watch for adults passing drinks to wristband-less guests.
3. During the event, a guest who appears about 25 presents a passport and asks for a cocktail. The bartender is busy. What should the bartender do?
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The bartender should check the passport carefully - verify the photo, birth date, expiration, and that the document is genuine - before serving. A passport is an acceptable government-issued ID. Being busy is not a reason to skip the check; the bartender should slow down or ask for help rather than serve without verifying. If the document appears altered or the age cannot be confirmed, the bartender should refuse service and offer a nonalcoholic option. The correct judgment is to prioritize the ID check over speed, because serving a minor can cost the license.