Questions Posted to "Ask a Dispatcher"
Q. Is there an ordinance or law specifying a time that minors accompanied by parent, guardian or spouse over 21 must be out of bars or private licensed clubs?
Dear Juneau Resident,
There is no time established in law, but a business may have policies that restrict an area of the business and the hours minors may be present. A private business has the right to refuse to have a minor in an area where alcohol is served (see section b of law cited below). Is there more to this story? The context might help in this situation. You can call JPD and we can get more specific about the issue. You can also run the specifics by Juneau's Alcoholic Beverage Control Board investigator.
A young minor being in a bar or around alcohol for significant periods could be considered a child welfare concern and it might be appropriate to consult with the Office of Children's Services. I am attaching the state law that gives the exception to minors on licensed premises restrictions.
04.16.049. Access of persons under the age of 21 to licensed premises.
(a) A person under the age of 21 years may not knowingly enter or remain in premises licensed under this title unless
(1) accompanied by a parent, guardian, or spouse who has attained the age of 21 years;
(2) the person is at least 16 years of age, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or
(3) the person is under the age of 16 years, is accompanied by a person over the age of 21 years, the parent or guardian of the underaged person consents, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining.
(b) Notwithstanding (a) of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under the age of 21 years to that part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under the age of 21 years, or may require a person under the age of 21 years to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed.
(c) Notwithstanding any other provision in this section, a person 16 or 17 years of age may enter and remain within the licensed premises of a hotel, restaurant, or eating place in the course of employment if (1) the employment does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages; (2) the person has the written consent of a parent or guardian; and (3) an exemption from the prohibition of AS 23.10.355 is granted by the Department of Labor and Workforce Development. The board, with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurants, or eating places for the purposes of this subsection.
(d) Notwithstanding any other provision in this section, a person 18, 19, or 20 years of age may be employed within the licensed premises of a hotel, restaurant, or eating place, may enter and remain within those premises for the purpose of employment, but may not, in the course of employment, sell, serve, deliver, or dispense alcoholic beverages.
(e) A licensee may bring a civil action against a person who violates this section if the violation occurs on the premises of that licensee. If judgment is entered in favor of the licensee, the court shall award civil damages in the amount of $1,000 and award reasonable costs and reasonable attorney fees allowed under the Alaska Rules of Civil Procedure.
(f) A person under 21 years of age does not violate this section if the person enters or remains on premises licensed under this title at the request of a peace officer, if the peace officer accompanies, supervises, or otherwise observes the person's entry or remaining on premises, and the purpose for the entry or remaining on premises is to assist in the enforcement of this section.