Legal Question in Entertainment Law in California

Musician playing in bar under age 21

Can my son play in a bar if he is 16 and a guitar player for a band?


Asked on 6/13/08, 2:19 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Musician playing in bar under age 21

He has to be 18, and then only if it's not a strip club, and then only if nobody else in the band drinks on stage:

Business & Professions Code 25663.5

"Notwithstanding Section 25663 or any other provision of law, persons 18 to 21 years of age may be employed as musicians, for entertainment purposes only, during business hours on premises which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, if live acts, demonstrations, or exhibitions which involve the exposure of the

private parts or buttocks of any participant or the breasts of any female participant are not allowed on such premises. However, the area of such employment shall be limited to a portion of the premises that is restricted to the use exclusively of musicians or entertainers in the performance of their functions, and no alcoholic beverages shall be sold, served, consumed, or taken into that area."

I have no idea how somebody can be employed as a musician other than for "entertainment purposes." Ask the politicians in Sacramento who write this stuff.

The kid probably needs a child labor permit to play gigs in other (non-bar) venues.

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Answered on 6/13/08, 2:48 am


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