A discussion over how Matthew’s Market can give away alcohol without a permit has led to questions about the legal age to serve alcoholic beverages.
InstantNewsWestU reported a story on Aug. 11 about residents’ concerns over Matthew’s Market reportedly giving away alcohol for a donation. To read the story, click here.
The donation story was the result of a discussion following West U City Council’s approval of an ordinance allowing the consumption and sale of alcohol at the recreation center for the Harris County Mayors and Councils Association meeting on Aug. 19. To read the city council story, click here.
Many of the recent comments on InstantNewsWestU question how underage wait staff can serve alcohol at Matthew’s Market. These are some of the comments that were made:
“One, why is alcohol being given away for donations. Second, why are there teenagers serving alcohol.”
“How about the fact the law requires businesses that sell alcohol to have a licence. Or that Little Matt’s caters to kids, not adults like Tiny Boxwoods or Edloe Deli. Or maybe the fact they don’t pay any taxes or pay the cost of a liquor permit like the law requires. And finally, how about the fact that it has been reported that high school kids are serving the booze.”
“I personally love the way this is set up. I know most, if not all of the kids working at the counter, and I’m even good enough friends with some of them that I can stop by around 9 when MM is closing and they’ll give me free booze. Hell, most of them help themselves to Margaritas once Jimmy’s gone.”
Owner Jim Reid has still not returned messages seeking comment, but InstantNewsWestU will update this story if he does.
When asked for his comment on teenagers serving alcohol at Matthew’s Market and underage teenagers getting drinks at the restaurant, Mayor Bob Kelly sent InstantNewsWestU this response:
“When one of my daughters was at Lamar in the late 90’s, one of her fellow soccer players, who was a teenager and went to Bellaire, was working at Skeeters. I noticed that she was working the cash register and selling wine to customers. I thought this was illegal, but when I checked I found out it was not illegal. So, I would suggest to all who are making allegations that Little Matt is doing something illegal in this regard (ie teenagers serving wine) that they check with the Harris County DA’s office. They may be surprised as to what they learn.
“As to allegations that teens are getting/drinking alcohol at/from Little Matts, I have never seen that, and would be very surprised if it were true. If it is true, I would be even more surprised that the owners knew about it. My next level of surprise would that if it were true and any adult knew about it, that they would have not told the owners about it and/or filed a complaint with WU Police. No such complaint has been filed, nor has any one to my knowledge notified the Little Matt owners of any such activity.
“There has been discussion on the internet that Little Matts should not be allowed an alcohol permit because kids go there. That argument is indeed problematic as Skeeters serves alcohol and is very much a kids place. To my knowledge there has never been a problem with alcohol at Skeeters.
“I would strongly suggest that those teenagers who are not disclosing their names and are writing statements on the internet which are making very serious allegations about a local businesses should go to their parents immediately and turn the matter over to them.”
According to the Texas Alcoholic Beverage Commission website regarding employment of minors, “(a) Except as provided in Subsections (b) and (c) of this section, no person may employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so.
The TABC Code states this about possession of alcohol by a minor:
“(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(1) 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 by this code.”
Possession is defines as the “care, custody, control or management” of an alcoholic beverage, TABC Capt. Rick Cruz said.
If a business does not have a permit or license, it is illegal for an 18-year-old to serve or give alcohol away for free, TABC Lt. Marc Decatur said.
Without a license or permit, the server would have to be over 21 years of age, he said.
I visit Little Matt’s on a daily basis, and I feel that it is ridiculous that everyone is making such a huge deal about a “GREAT PLACE”. I have lived in West University for over 15 years, and I have never seen such a neat place! The fact that alcohol is being served by teens, shouldn’t be such a big deal….I mean, come on….for real? What is the big deal really? What is the real problem here? I bet those of you who made such a BIG DEAL about this,are the first ones to be in there asking for a margarita! Ive seen you West U mothers all pile in there and drink those “free margarita’s” and you sure were not complaining when you were drinking them were you??? All of you that had something derogatory to say about Little Matt’s NEED to take a chill pill and calm down. If you don’t have nothing nice to say, dont say anything at all…..
FYI: there is nothing wrong with teens serving wine (and you ALL “KNOW THIS” so WHY on God’s green earth would you make such a big deal about the margarita’s? Come on! If you are bored at home due to the fact, that your work out routine doesn’t take all day, and you just have all this extra time on your hands…..go find a hobby or something…and leave Little Matt’s alone…..they are a GREAT place…..don’t ruin it for them, AND ALL OF US THAT REALLY APPRECIATE IT!!!
Hmmm… yes, teenagers don’t give in to temptation or peer pressure. They are angels that live to serve others and practice self-restraint at all times.
Michelle, did you EVER suffer from teenage hormones? They make you think and act in ways that a soccer mom probably would not. You are a responsible drinker, but teenagers, well, this is their time to figure it all out regardless of what the ‘rents say. Unfettered access to alcohol is a license to ill, and even the “good kids” can get carried away. Especially the quiet ones….
Little Matt’s is a neat place, but let’s use some common sense on this issue. Uh, adult common sense, but teenager….
My oldest daughter worked at a restaurant that served alcohol while she was in high school. She didn’t start downing drinks all evening at work. This is ridiculous- serving alcohol doesn’t mean that all of the sudden they are going to go on a drunken binge. Besides, if your teenagers want to drink they can always find some way to get alcohol. I doubt that the owner of Little Matt’s would tolerate them drinking at work.
In response to “Another West U mom,” I understand your concerns however, as a mom of several teenagers and one that has been employed at Little Matts, it is MY responsibility to teach my children about alcohol and its dangers. I have never seen a young adult partake of an alcoholic beverage at Little Matt’s nor have I heard of anyone under age consuming alcohol at this establishment. My daughter learned a lot about responsibility and working with others as well as being respectful to patrons who exhibited poor behavior. I know our children need these lessons and I would much rather it be at a job in my neighborhood. When the JMH closed, a week didn’t go by that I wished for another place where our children could congregate and be safe. Well, Little Matt’s has become that place. This little gem along with Edloe deli is what makes our neighborhood unique and offers “community”…a gathering place where we can visit, support one another, and feel connected.
I agree with Michelle. The teenagers that work there aren’t making cocktails or mixed drinks for pete’s sake. All they do is turn around, pull a lever on a margarita machine, turn back around, and hand it to the customer. Or open a beer, or pour a glass of wine. Parents sometimes ask their kids to do this at home anyway. We’re not asking them to make us mojitos or deal with large amounts of alcohol in any way. The exposure they do have to the alcohol when serving customers is not harmful.
Just give them a liquor license for wine and beer and be done with it already. Businesses that invest in the community (especially in this economic climate) should be supported – we’re on the verge of having a great little viable business district.
I want to thank Bob Kelly for his Texas Alcoholic Beverage Commission insight. I am a little confused though. I quote,”If a business does not have a permit or license, it is illegal for an 18 year old to serve or give alcohol away for free, TABC Lt. Marc Decatur said.” Does Little Matts have a license or permit, because if they do not then “Without a license or permit, the server would have to be over 21 years of age.” This seems pretty cut and dry here, don’t you think!
Yes, it seems cut and dry to me too. Little Matt’s is in violation of the plain language of the statute if they have servers under 21 serving alcohol.
I am very disappointed by the mayor’s comments. To express such a definite opinion when he obviously doesn’t have a clue what the law says is irresponsible for an elected official. As West u mom observed above, it is cut and dry, illegal for high school aged kids to serve alcohol where there is no license. No matter how much we like Little Matt’s.