Can a cashier ask for everyone’s ID, even if you are not buying alcohol? Here’s Texas law
A 28-year-old Reddit user complained about an interaction he had at H-E-B while buying beer.
“TLDR (too long didn’t read): Bought beer at H‑E‑B with my 14-year-old brother present, and the cashier asked to see both my ID and his ID,” the user said at the end of his post.
In Texas, you must be 21 years or older to purchase alcohol. Sellers are not required to ID anyone who appears to be over 31-years-old, according to the Texas Alcoholic Beverage Commission (TABC).
The H-E-B cashier claimed that all persons in the group had to present their IDs. H-E-B alcohol requirements state you must be 21 years old to purchase alcohol. The grocery store chain also adds that customers “must present identification and proof of age at the time of pick-up to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion, including without limitation for your failure to demonstrate your age or identity when picking up or receiving an alcoholic beverage.”
To the customer’s surprise, he claimed that he could not find anything on the Internet that specifies whether or not this requirement was enforced by law.
There isn’t an explicit Texas law requiring all members of a group to present their IDs. But really, it’s just based on the businesses’ store policy.
TABC says, “The following internal company policies are stricter than what state law requires, but establishments have the legal right to insist on proof of age for alcohol purchases: Some insist that everyone in a group show proof that they are 21 or older when anyone in the group is attempting to purchase alcoholic beverages. This is an attempt to prevent adults from illegally providing alcohol to minors.”
What Texas law says about alcohol involving minors
“In Texas, a minor may possess an alcoholic beverage if the minor is in the visible presence of his adult parent, guardian, or spouse.” according to the Texas Alcoholic Beverage Code.
According to the Texas Penal Code, the only other instances of serving alcohol to a minor would be:
While in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited.
If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
If the beverage is lawfully provided to the minor for a certain course of study.
Penalties for underage drinking in Texas
If you are a minor partaking in underage drinking, you can receive a Class C misdemeanor, which can cost up to $500. Law also requires for the minor to take an alcohol awareness class, community service up to 40 hours, and up to 180 days of no driver’s license.
TABC also states that those 17 years or older who get caught more than once underage drinking will receive up to a $2,000 fine, up to 180 days in jail, and automatic suspension of their driver’s license.
Those who provide alcohol to minors unknowingly will not be punished. The Texas Penal Code states, “If the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor’s appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.”
However, for those who do serve minors intentionally (other than the parents or guardian), it is considered a Class A misdemeanor. As well as a fine of up to $4,000, jail time for up to a year, and automatic suspension of your driver’s license.