I am, but required to by state law, the alcohol license is in my name, plus I am the only state licensed food manager at my place too
I understand that many owners feel they need to be on hand at all times. It is not the case. With respect to WI I found the following links on the subject of having to be present to be open for business:
https://datcp.wi.gov/Pages/Programs_Services/foodmanager.aspx
I understand that it works differently where you are than in my state, but it is a choice made not to have someone else on the staff in addition or instead of an owner meet this requirement. Even then the requirement does not state that this qualified person must be present all the time, only that each business must have a least one of these persons on staff. The law even allows a period of several months to meet the requirement in the event of staff/management changes. So, for example, with respect to your upcoming sale to a new owner, the state has this to say about that new owner meeting this requirement:
The operator or manager of an establishment that is new or undergoing a change-of-operator must have a food manager with the appropriate credential within 6 months after the business opens. Within the first 90 days, the operator or manager must be registered to take a course with an approved exam.
Again, “must have a food manager”… not that that manager must be present at all times and even grants an extended period to meet this requirement.
Similar to the WI law, in our state, businesses that serve drinks must have certified personnel who serve drinks… that is not the same as requiring that the license holder be present. I found this in the state of WI (
https://www.revenue.wi.gov/faqs/ise/atlicns.html ) which appears to be on point:
12. Does the licensee or the agent always have to be at the premises when it is open for business?
No. There must be one or more licensed operators in charge of the premises. An operator’s license is often called a “bartender’s license.” Not all bartenders must hold operator’s licenses, but there must be at least one licensed operator in charge of the premises. If the premise is large, with several serving areas, bar areas, etc., licensed operators must be in charge of each discrete area, in order to supervise and direct unlicensed persons who may be selling/serving.
13. How do I qualify for an operator’s license?
To qualify for an operator’s license, you must
[]be at least 18 years old,
[]meet criminal record requirements, and
- have completed a responsible beverage server course. Contact your local Wisconsin technical college, or see “Training” on the Department of Revenue website.
Bottom line, if an owner (liquor licensee) has not taken trouble to have any other qualified bartenders/servers (licensed operators) then yes, they must be there when the business is open… But in general, given a normal investment in having additional people go through the training for the “bartenders license”, no you do not have be present to serve food and drink.