Fake IDs include a newly manufactured fake ID, altered real IDs, and a borrowed/stolen real ID. However, if it’s obvious that the ID is fake or if that ID clearly does not belong to the person presenting it and the server did not catch it, then the establishment and the person who served that minor also becomes liable.Ħ. In these cases, the minor with the fake ID is the one liable for crimes such as fraud, criminal possession of a forged instrument, or identity theft, which range in penalties from a Class B Misdemeanor to a Class D Felony. If the guest presents a realistic ID that says he or she is of drinking age, and you did everything to the best of your ability to not purposefully serve him/her, the liability on the server and establishment is decreased significantly in most cases. When a minor is served, you need to prove you did the steps to the best of your abilities to not purposefully serve that person. When a fake ID is thoroughly examined but still gets by, the minor carrying the fake become legally liable. Depending on the severity of the situation and state laws, the penalties can range from a fine to jail time for the person who made the sale.ĥ. In these situations, there are oftentimes separate penalties given to the parties involved, including the licensee (the owner of a bar) and the person who makes the sale (the bartender who serves a minor). As a bartender or server, you are responsible for checking the ID of your customers even if another person has previously checked it. The seller is the one liable for serving the minor, which oftentimes carries the same penalties as the person who holds the liquor license. The person who makes the sale to a minor is legally liable.

Many establishments use tools such as ID scanners to help combat this risk factor.Ĥ. It’s easy for people to miscalculate the year 21 years from today to determine if the person presenting the ID is of legal drinking age. Honest math errors happen, especially when it’s a busy night and there’s a lot on the brain. Incorrectly calculating age is another top reason a minor is served. While fake IDs are in the mix of minors trying to get alcohol, establishments don’t catch them because they simply aren’t checking IDs at all.ģ. In most cases, minors are served as a result of an establishment not checking IDs. Not asking for any ID is the most common reason a minor is served. When these human errors happen, you’ll fail the sting and both the server and the establishment will be presented with the ramifications.Ģ. Most sting fails are a result of not asking for identification, or asking for identification but incorrectly calculating someone’s age based on their date of birth. They’re typically checking to make sure you’re properly asking for identification. When authorities orchestrate a sting and check to make sure you aren’t serving minors, they legally cannot do so by using a fake ID or purposefully deceiving you. Stings are a result of human error, not fake IDs. To answer some of these questions and more, we put together 8 facts about the liability of serving minors and the risk to you when it’s a fake ID.ġ. But how do fake IDs play into getting caught serving to minors? What are the repercussions? And who’s ultimately the person legally responsible when a minor is served? Many in the industry believe fake IDs are the primary problem since they’re considered the gateway to a minor getting access to alcohol. It is illegal to knowingly serve alcohol to a minor, and anyone who does can be held responsible.

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