​

WHAT IS SALES OF ALCOHOL CRIME?

 

• Any crimes involving the illegal sales of alcohol beverages fall under either the Business & Professional Code (“BPC”) or Penal Code (“PC”)

​​

• These charges are criminal matters and will be treated as any other criminal case in court.  Penalties may include possible jail time, fines and probation terms

 

COMMON CRIMES INVOLVING ILLEGAL SALES OF ALCOHOL BEVERAGES

 

• Operating a Non-Bona-Fide Eating Place - BPC §23038 “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. (Amended by Stats. 1955, Ch. 1779.). BPC §23396.  Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic beverages, other than beers, may be sold or served in any bona fide public eating place for which an on-sale license has been issued unless the premises comply with the requirements prescribed in Section 23038, 23038.1,  23038.2,  or 23038.3. (Amended by Stats. 2011, Ch. 702, Sec. 2. (SB 339) Effective          January 1, 2012.)

​

• Sale Without an ABC License - BPC §23300 No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division. (Added by Stats. 1953, Ch. 152.)

​

• Purchase Alcohol for Resale from a Retailer - BPC §23402 No retail on- or off-sale licensee, except a daily on-sale general licensee holding a license issued pursuant to Section 24045.1, shall purchase alcoholic beverages for resale from any person except a person holding a beer manufacturer's, wine grower's, rectifier's, brandy manufacturer's, or wholesaler’s license. (Amended by Stats. 1969, Ch. 1123.)

​

• Violation of Conditions of an ABC License - BPC §23804 A violation of a condition placed upon a license pursuant to this article shall constitute the exercising of a privilege or the performing of an act for which a license is required without the authority thereof and shall be grounds for the suspension or revocation of such license. (Added by Stats. 1959, Ch. 1351.)

​

• Employee Working While Intoxicated - BPC §24200(a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department’s authority to proceed under Section 22 of Article XX of the California Constitution.

​

• Employee Resisting Arrest or Interfering with Investigation on Premises – BPC §24200(a) & PC 148 (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

​

• Illegal Solicitation of Alcoholic Beverages (permit employee/agent to encourage persons to buy drinks for commission) - BPC §24200.5(b) Notwithstanding the provisions of Section 24200, the department shall revoke a license upon any of the following grounds: (b) If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.

​

• Unlawful Refilling of Alcohol – BPC §25176 & §25177 Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 68, Sec. 2. (SB 825) Effective January 1, 2010.) Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)

​

• Unlawful Possession of Alcohol for Sale - BPC §25607(a) Except as provided in subdivisions (b) and (c), it is unlawful for any person or licensee to have upon any premises for which a license has been issued any alcoholic beverages other than the alcoholic beverage which the licensee is authorized to sell at the premises under his or her license. It shall be presumed that all alcoholic beverages found or located upon premises for which licenses have been issued belong to the person or persons to whom the licenses were issued. Every person violating the provisions of this section is guilty of a misdemeanor. The department may seize any alcoholic beverages found in violation of this section. BPC §23355 Except as otherwise provided in this division and subject to the provisions of Section 22 of Article XX of the Constitution, the licenses provided for in Article 2 of this chapter authorize the person to whom issued to exercise the rights and privileges specified in this article and no others at the premises for which issued during the year for which issued. (Amended by Stats. 1974, Ch. 823.)

​

• Sale to Obviously Intoxicated Persons - BPC §25602(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor. (Amended by Stats. 1978, Ch. 929.)

​

• Sale After Hours - BPC §25631 Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor. For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs. (Amended by Stats. 2007, Ch. 744, Sec. 3. Effective January 1, 2008.) BPC §25632 Any retail licensee, or agent or employee of such licensee, who permits any alcoholic beverage to be consumed by any person on the licensee’s licensed premises during any hours in which it is unlawful to sell, give, or deliver any alcoholic beverage for consumption on the premises is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 152.)

​

• Illegal Solicitation of Alcoholic Beverages (employee encourages person to buy drinks for a profit) - BPC §25657(a) It is unlawful: (a) For any person to employ, upon any licensed on-sale premises, any person for the purpose of procuring or encouraging the purchase or sale of alcoholic beverages, or to pay any such person a percentage or commission on the sale of alcoholic beverages for procuring or encouraging the purchase or sale of alcoholic beverages on such premises. (Amended by Stats. 1971, Ch. 151.)

​

• Illegal Solicitation of Alcoholic Beverages - BPC §25657(b) It is unlawful: (b) In any place of business where alcoholic beverages are sold to be consumed upon the premises, to employ or knowingly permit anyone to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverages for the one begging or soliciting. (Amended by Stats. 1971, Ch. 151.) PC §303(a) It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting. 

​

• Sale to Minors - BPC §25658(a) (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. (Amended by Stats. 2014, Ch. 162, Sec. 1. (AB 1989) Effective January 1, 2015.)

​

• Employment of Minors – BPC §25663 (a) Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor. (b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older. (c) Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under the following circumstances: such service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises; and the primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to such duties. For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage. (Amended by Stats. 2008, Ch. 508, Sec. 4. Effective January 1, 2009.)

​

• Unsupervised Sales by Under 18 Years Old – BPC §25663(b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.

​

• Minors on Public Places – BPC §25665 Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. (Amended by Stats. 1983, Ch. 1092, Sec. 65. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

​

• Employees Accepting Alcoholic Drinks – California Code of Regulation, Title 4, Division 1, Section 143 No on-sale retail licensee shall permit any employee of such licensee to solicit, in or upon the licensed premises, the purchase or sale of any drink, any part of which is for, or intended for, the consumption or use of such employee, or to permit any employee of such licensee to accept, in or upon the licensed premises, any drink which has been purchased or sold there, any part of which drink is for, or intended for, the consumption or use of any employee. It is not the intent or purpose of this rule to prohibit the long-established practice of a licensee or a bartender accepting an incidental drink from a patron. Note: Authority cited: Sections 24200.5 and 25657, Business and Professions Code.

​

• No Permits and Licenses to Sell Alcohol in City of Los Angeles - LAMC 12.21(a) No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure or land be used or designed to be used for any use other than is permitted in the zone in which such building, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and ordinances.

​

• County or City violation of conditions of use permit to sale and dispense alcohol (various criminal code sections)

 

WHAT IS DIFFERENCE BETWEEN AN ABC ACCUSATION AND A CRIMINAL CASE INVOLVING THE SALE OF ALCOHOL BEVERAGES?

 

• An ABC Accusation is litigated in the state administrative court system with administrative penalties

​​

• A criminal case is litigated in the state criminal court system with criminal penalties

 

8 REASONS WHY YOU SHOULD HIRE A LAWYER FOR AN ILLEGAL SALES OF ALCOHOL BEVERAGE CRIME

 

• The complexity and harshness of modern Business & Professional laws and penalties

​​

• The complexity of modern ABC laws, which may revoke your license to sale alcohol

​

• Unfortunately, but true, prosecutors are more likely to listen to an experienced criminal defense attorney than you

​

• An experienced criminal defense attorney can assess whether you have legal defenses to fight your case​

​

• An experienced criminal defense attorney can assess whether law enforcement had probable cause to arrest you

 ​

• An experienced criminal defense attorney can provide creative and alternative options in lieu of criminal penalties

​

• An experienced criminal defense attorney can assess whether your ABC License can be saved. See Case Results

​

• If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money

​​