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New Jersey Frequently Asked Questions

How old must someone be to own a license or be employed by a licensee?

The lawful age to own a license and to purchase alcoholic beverage products for resale under a license privilege is 18 years of age, (N.J.S.A. 9:17B-1)

Bartender, waiter or sales clerk: 18 years*
Entertainer: 18 years*
Restaurant & hotel worker not selling alcohol: 16 years**
Stock clerk in distribution licensee: 15 years***
Caddy or pin setter: 15 years***
 Waiter (not selling alcohol) for consumption licensee which is not restaurant or hotel: 16 years***
*Although a person must be 18 years of age to be employed as an entertainer (includes members of a band, etc.), N.J.S.A. 34:2-2 I.17, et seq., provides for the employment of younger persons in certain "theatrical productions." This is under the jurisdiction of the New Jersey Department of Labor.
**To qualify as a restaurant, the establishment must regularly and principally be used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted. As a rough rule of thumb, to qualify as a restaurant, the establishments should have table (i.e. "sit-down") service with a full service menu, proper and adequate equipment to be considered a bona fide restaurant (e.g., food freezers, dish washer, oven, etc.) and the majority of its business revenues should be from the sale of prepared food for consumption on the premises, with revenue from the sale of alcoholic beverages merely being ancillary thereto.
***Permits for the employment of minors under 18 years of age must first be obtained from the Division of ABC before (or within ten days) such persons are employed on a licensed premises.
 

These rules, including the requirements for permits, apply to children of licensees as well, if they are employed on the licensed premises in any capacity.