Delaware HB 195

This Act changes the age at which a person can bartend from 21 years old to 18 years old, and requires that a bartender who is 18, 19, or 20 years old be directly supervised by a person who is 21 years of age or older and who is working behind the bar with the 18-, 19-, or 20-year-old. This Act also increases the frequency of statutorily mandated alcoholic beverage server training from every 4 years to every 2 years. To ensure that 18–20-year-olds are protected from sexually oriented content by virtue of being permitted to bartend, this Act prohibits anyone under the age of 21 from entering into or working in any capacity in a tavern or taproom that offers sexually oriented entertainment. This includes taverns and taprooms that are licensed as adult entertainment establishments under Chapter 16 of Title 24, taverns and taprooms that offer sexually explicit performances as defined in § 787 of Title 11, and tavern and taprooms that are advertised as “strip clubs,” “adult entertainment clubs,” “gentlemen’s clubs,” or that offer performances or services of a sexually oriented nature. Currently, Delaware is in the minority of states when it comes to requiring bartenders to be 21 years old. By reducing the legal bartending age to 18, this Act will help Delaware’s food service industry remain competitive with the many other states, including New Jersey and Pennsylvania, in which 18–20-year-olds can bartend.