Parents let their kids order mocktails all the time, letting them indulge in what feels like a grown-up drink but is mostly a few different juices and mixers shaken (or stirred) together.
But what happens when a tower of what’s supposed to be virgin drinks gets sent out to a group of kids spiked with alcohol? If the bartender simply made a mistake, are they still liable?
Bartender Nightmare
In a viral video with more than 1.9 million views, content creator and bartender @thebartendingbodybuilder recreates the moment everything went sideways during what should’ve been a routine shift.
The clip opens with a female bartender approaching him with a question.
“Hey do you remember which margarita tower was the virgin one for that kids birthday party?” she asks in the text overlay. “The parents said they taste the same.”
Cut to @thebartendingbodybuilder, mouth agape in disbelief.
“Me having no idea one of them was supposed to be virgin,” he says in the text overlay reads.
“This ever happened to anyone?” they ask in the caption.
What Happens If You Accidentally Serve Kids Alcohol?
Even honest mistakes can have serious consequences.
According to Alcohol.org, supplying alcohol to minors is typically charged as a misdemeanor. But it can escalate to a felony depending on circumstances, especially if there’s an accident or injury involved.
Jail sentences for misdemeanors can range from a few days to a year, with fines anywhere from $500 to $5,000. For businesses with liquor licenses, the stakes are even higher. Administrative actions can include additional fines, license suspension, or complete license revocation.
California criminal defense attorney Paul Wallin explains on WK Law that selling alcohol to a minor is considered a “strict liability offense.” That means prosecutors don’t need to prove criminal intent to get a conviction. You could genuinely have no idea one drink was supposed to be virgin and still face charges.
There is some potential relief, though. A growing trend allows defendants to raise a “mistake of fact” defense if they had an honest and reasonable belief about the situation.
And while employers are unlikely to be prosecuted unless they’re encouraging or ignoring the problem, businesses can still face serious sanctions from the Alcoholic Beverage Control board.
Commenters React
“Took my 19 year old daughter to a restaurant and she ordered a mocktail. She had two. It very quickly became evident they were NOT mocktails,” a top comment read.
“My sister was once mistakenly served a drink with alcohol at 12. She asked me to try it because it tasted weird. When I told her there was alcohol in it she chugged the entire thing before my mom could stop her and then puked all over the restaurant floor,” a person shared.
“Excuse me, a margarita tower for KIDS? Even if virgin. No way,” another wrote.
“They should never be served that in a known alcoholic container. Non-alcoholic drinks have their own glass. Its the soda glass,” a commenter added.
@thebartendingbodybuilder This ever happened to anyone? #bartender #bartending #tiktokbartender #bartendersoftiktok
BroBible reached out to @thebartendingbodybuilder for comment via TikTok direct message and comment.