by Dan Plevak
Often times I will be asked whether or not an employee must obtain an individual alcohol permit (sometimes called a “pouring permit”) and be subjected to a criminal background check and approval.
I try to refrain from using one of my most disliked answers, “it depends.” So instead, my answer is “perhaps.”
Each local jurisdiction has its own rules regarding employee permitting. For example, the City of Atlanta does not require a licensee’s employees to be individually permitted. For establishments like restaurants, the City of Dunwoody requires employees in any managerial position to hold individual pouring permits, and it requires that an employee with a pouring permit be present on the premises at all times alcohol is sold. Other jurisdictions require all employees serving alcohol to hold individual pouring permits.
At the State level, there is no individual permitting requirement for restaurants and other retail licensees. However individual salesmen or other representatives of suppliers (breweries, distilleries, importers, brokers) or wholesalers must get an individual permit from the Department of Revenue.
Even if a jurisdiction does not have an individual permitting requirement, that does not mean that employees are not subject to alcohol regulatory requirements. Some jurisdictions nonetheless prohibit certain licensees from hiring individuals with criminal histories and some require that all employees meet the same character and fitness requirements an alcohol licensee must satisfy.
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NOTE: Nothing in these blog posts constitutes legal advice, and no attorney-client relationship is created with anyone reading or responding to blog content.
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Craft Beer (Heady Insights)
Employment (Employment Law: News and Notes)
Real Estate (The Latest Dirt)