There are a lot of laws in California that are intended to stop minors from accessing alcohol, including laws that limit the consumption of alcohol if minors are around. California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment is an example of one of these laws, and it says that it’s not legal for a minor to be in an establishment that has a license to sell alcohol (on-sale alcohol consumption).
In order to show that the defendant was guilty of allowing a minor to be in such an establishment, the prosecution has to establish two elements. First, that the defendant had a license for the establishment, and second, that the defendant allowed the minor (under 21 years old) to come into and stay in the establishment without any lawful reason to.
For example, a bar owner may say that the bar doesn’t allowed minors under the age of 21 into the premises, but if they don’t have bouncers or bartenders checking IDs and then having minors leave the premises once their age is determined, they could be charged with a crime.
It’s common for there to be surprise inspections and checks to make sure that licensees are following the law. It’s possible that a minor will be found on the premises during one of these inspections, and that the owner of the business would have to appear in court.
The minor may also be prosecuted. In order to convict the minor, the prosecution would need to show that the defendant was under 21 years of age and that they went into and stayed in the establishment without any lawful reason to.
There are three offenses related to California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment: Selling or Furnishing an Alcoholic Beverage to a Person Under 21; Contributing to the Delinquency of a Minor; and Purchase or Consumption of an Alcoholic Beverage by a Person Under 21.
Defenses to California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment
If the defendant (the owner of the establishment) took a reasonable amount of steps to keep minors from coming into the establishment, they have a better chance of not being charged for this crime. For example, if a bar owner is looking for a bartender to add to the team, and the bartender that the owner interviews and hires says they’re over 21 and shows a phony ID that says she’s older than 21, the bar owner wouldn’t be in violation of the law, assuming it wasn’t obvious that the ID did not belong to the bartender.
Penalties for California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment
If you’re charged in violation of California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment, it’s considered a misdemeanor. The sentence may be as many as six months in jail, and court fines are also often part of the penalty. The establishment owner may also have their license temporarily suspended or permanently revoked. If a minor is caught on the premises of an on-sale business, the crime is considered a misdemeanor and come with a fine of no more than $200.
An experienced criminal defense attorney will work to prove that the defendant did their best to make sure minors wouldn’t be allowed into or on the premises of the establishment, and that they should not be considered liable for the violation. If you or someone you know has been cited in violation of California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment, get in touch with a local criminal defense lawyer immediately.