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California Business & Professions Code Section 25657(B) BPC: Allowing Loitering To Solicit Alcohol From Patrons

by admin   May 12, 2018   Filed Under: Uncategorized

Definition of Allowing Loitering To Solicit Alcohol From Patrons

Businesses that sell alcohol must follow strict guidelines when it comes to how their product can be sold and to who it can be sold. If there are people loitering in a bar or restaurant and trying to get drinks from other customers, it’s possible that the owner of the establishment will be prosecuted for Allowing Loitering To Solicit Alcohol From Patrons.

Convicting a Defendant for Allowing Loitering To Solicit Alcohol From Patrons

In order for a defendant to be convicted of this crime, the prosecution would have to prove the following:

• The place of business sells alcohol that’s supposed to be consumed on the premises.

• Additionally, the business allowed or employed a person or people who loiter inside or on the premises in order to solicit or beg customers or visitors to buy alcohol beverages for the solicitor.

Offenses Related to Allowing Loitering To Solicit Alcohol From Patrons

There are three offenses in the State of California that are similar to Allowing Loitering To Solicit Alcohol From Patrons:

1. Drunk in Public
2. Soliciting Purchase of Alcohol
3. Soliciting Sale of Alcohol

Example 1

A man owns a bar that’s located in a tough neighborhood. Many of his customers are addicted to alcohol, but they can’t afford more than a drink or two a night. Once they’ve run out of money, many of these customers will turn to bothering other patrons in order to get them to buy drinks for them. The bar owner knows that this happens, but doesn’t try to stop it. One evening, an officer who is undercover comes into the bar and sees that this is happening. He issues the bar owner a citation. In this case, the bar owner could be found in violation of Allowing Loitering To Solicit Alcohol From Patrons.

Example 2

A man owns a bar that’s located in a great place and does a lot of business most days of the week. The bar is especially busy during Happy Hour on Friday nights, and it’s not easy for the bar owner to keep an eye on every single person in the bar. One Friday night, a man walks into the bar and starts asking patrons to purchase a drink for him, but all of them refuse the man. The bar owner doesn’t notice what’s happening right away, but once he does, he immediately tells the man that he needs to leave the bar. In this case, the bar owner would likely not be found in violation of Allowing Loitering To Solicit Alcohol From Patrons.

Defenses to Allowing Loitering To Solicit Alcohol From Patrons

There are times when a person or people will come into an establishment that sells alcohol and solicit drinks from other customers, and when the bar owner or bartender may not realize this is happening right away. If the business does not allow this behavior to continue, it’s unlikely that they’ll be in violation of the statute.

Additionally, the owner of an establishment can only be found guilty if the business sold alcohol that’s to be consumed on the premises. A person who owns a liquor store, for example, would not be held liable under this statute.

The Process of Defending Against Allowing Loitering To Solicit Alcohol From Patrons

If an establishment owner allows this type of behavior to continue, customers may complain, which could catch the attention of local law enforcement. If an investigation takes place, it’s possible that the establishment owner will be cited with violating this statute, and their license to sell alcoholic beverages could be either suspended or taken away completely.

Then, the establishment owner would have to appear in court in order to answer the charges. After the arraignment, the bar owner would be able to have a jury trial, during which the prosecution would be tasked with proving that the defendant is guilty beyond a reasonable doubt. If you have an experienced defense attorney on your side, he or she may be able to show that the owner was not culpable, and that there were policies in place for how this type of solicitation can be avoided.

Penalties if Convicted of Allowing Loitering To Solicit Alcohol From Patrons

This crime is considered a misdemeanor, and it comes with a sentence of up to six months in jail, along with high fines. Additionally, the establishment owner may have his or her license to sell alcoholic beverages revoked.

Criminal Defense

If you or your business is charged with or cited for being in violation of Allowing Loitering To Solicit Alcohol From Patrons, you’ll need to contact an experienced criminal defense lawyer today. Your lawyer will know exactly what to do to build your case and combat these charges.