Selling Alcohol to Minors and Unlicensed Alcohol Sales in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Selling or Serving Alcohol to a Person Under 21 (§ 562.11(1)(a))

It is a crime to sell, give, serve, or permit service of alcoholic beverages to a person under 21, or to permit a person under 21 to drink them, on licensed premises.

Under instruction 30.2, the State must prove that you sold, gave, served, or permitted service of an alcoholic beverage to the person on licensed premises, or permitted the person to drink one there, and that the person was under 21. The instruction's comments note that Florida courts have read this statute as applying only to business establishments.

• First offense: second-degree misdemeanor (up to 60 days and a $500 fine).
• Second offense within 1 year of a prior conviction: first-degree misdemeanor (up to 1 year and $1,000).

A licensee who gives alcohol to an employee under 21, or lets an underage employee drink on the job, commits a separate first-degree misdemeanor.

The ID Defense

The statute gives a complete defense if, at the time:

1. the buyer falsely showed that he or she was 21 or older;
2. the buyer looked like a prudent person would believe he or she was 21 or older; and
3. the seller carefully checked a driver license or state ID card from Florida or another state, a passport, or a U.S. Uniformed Services ID, and acted in good faith in reliance on it.

All three parts must be met. Video from the register or bar, and the ID itself, are often the key evidence.

Unlicensed or Unlawful Alcohol Sales (§ 562.12)

• Selling alcohol without a license, or outside what your license allows, or keeping alcohol to sell it unlawfully: second-degree misdemeanor.
• Unlawfully selling alcohol at a commercial establishment, or keeping and maintaining a place where alcohol is sold or intended to be sold unlawfully: third-degree felony (up to 5 years), with a mandatory fine of $5,000 to $10,000. See instruction 30.3.
• A second or later violation of subsection (1): second-degree felony (up to 15 years), with a mandatory fine of $15,000 to $20,000.

The felony levels took effect July 1, 2024. Before that date, keeping a place where alcohol was sold unlawfully was a misdemeanor.

How We Defend These Cases

• The ID defense and the store's or bar's video.
• Licensed premises and commercial establishment. Whether the location fits the statute charged.
• Undercover operations. How the buyer was chosen and what was said.
• The date of the conduct, since the felony levels apply only from July 1, 2024.

What to Do First

1. Do not give statements to agents or police about the sale without a lawyer.
2. Preserve video and register records right away. Many systems record over themselves.
3. Keep a copy of your license and any permits.
4. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and Contributing to the Delinquency of a Minor & Open House Parties.

Frequently Asked Questions

The customer had a fake ID. Am I still guilty?

Not if you meet all three parts of the statutory defense: the buyer falsely showed he or she was 21, looked 21 to a prudent person, and you carefully checked an accepted ID in good faith.

Can a bartender be charged, or only the business?

The statute applies to any person who sells, gives, serves, or permits service. Employees as well as owners can be charged.