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Furnish Alcohol to Minor

Furnishing Alcohol to a Minor - Business & Professions Code 25658 BPC

The State of California takes a stern view when it comes to underage drinking. Under Business & Professions Code 25658 (BPC), it is a crime for any licensed alcohol vendor to sell, give, or furnish alcohol to individuals under the age of 21.

It is also illegal under BPC 25658 for minors to purchase or consume alcohol on the premises of an alcohol-licensed establishment. You could face fines and required community service if convicted of violating this law. If someone's death occurs as a result, the penalties may even include jail time.

Furnishing Alcohol to a Minor - California Business & Professions Code 25658 BPC
BPC 25658 makes it a crime for anyone to furnish alcohol to a person under the age of 21.

Simply put, BPC 25658 regulates the sale of alcohol in California. This law makes it a crime to furnish, cause to be sold, or give away any alcoholic beverage to a person under the age of 21.

It also prohibits a person under 21 from either consuming an alcoholic beverage (underage drinking) in a place where alcohol is sold, purchasing an alcoholic drink, or being an on-sale licensee and permitting someone under 21 to consume any alcoholic beverage on the premises, even if the licensee doesn't have actual knowledge that the person is under 21 years of age.

One of the common ways to violate the furnishing alcohol to a minor law is to buy alcohol for someone under 21. This violation often occurs at grocery or liquor stores near a college campus.

An underage person might give you money and ask that you buy them some alcohol. While many people will agree to make this purchase, you could be charged with a crime.

What Actions are Prohibited?

Business & Professions Code 25658 (BPC) specifically outlines two primary prohibitions when it comes to minors and alcohol:

  1. Adults Furnishing Alcohol to Minors: It is illegal for any individual or business with an on-sale license (such as bars, restaurants, stores, or clubs) to sell, furnish, or give away alcoholic beverages to individuals under the age of 21. This includes buying alcohol on behalf of a minor. It is also illegal to permit minors to consume alcohol on the premises.
  2. Minors Purchasing or Consuming Alcohol on Premises: The law also prohibits minors from purchasing alcohol or consuming it on the premises of an establishment that sells alcohol.

The primary goal of BPC 25658 is to prevent underage drinking and its associated risks, such as impaired driving, accidents, and long-term health issues. The law applies to both individuals and business entities, ensuring that responsibility is upheld across all levels of alcohol distribution and consumption.

What Must Be Proven to Convict?

To secure a conviction under BPC 25658, the prosecution must establish the following specific elements:

  • Sale, Furnishing, or Giving Away Alcohol: There must be evidence that the defendant sold, provided, or facilitated access to alcohol for a minor.
  • Knowledge or Willful Blindness: It must be proven that the defendant knew, or reasonably should have known, that the recipient was under 21.
  • Consumption Resulting in Harm (if applicable): In cases under Section 25658(c), it must be demonstrated that the minor's consumption of alcohol directly caused significant injury or death.

What are Related Crimes?

There are a few California crimes related to BPC 25658 furnishing alcohol to a minor, such as the following:

  • Vehicle Code 23140 VC - underage DUI. This law makes it a crime for anyone under 21 to drive with a BAC of .05% or higher. Underage driving under the influence is an infraction punishable by a fine of $100 (first offense), a one-year driver's license suspension of driving privileges, and a mandatory alcohol education program of three months or longer.
  • Business and Professions Code 25662 BPC - minor in possession of alcohol (MIP). This law makes it illegal for a minor to have alcohol in a public place. This means anyone under 21 may not have alcohol in their possession while on any street or highway or anywhere open to the public.
  • Business and Professions Code 25661 BPC - possession of fake ID. This law makes it a misdemeanor for minors to possess or present false identification, such as presenting a fake ID to a business to buy alcohol or simply possessing a fake ID.
  • Business & Professions Code 25665 BPC - This law makes it a misdemeanor offense to allow someone under the legal drinking age to be in a bar, nightclub, or similar venue that exists primarily to serve alcohol.

What Are the Penalties?

Violating BPC 25658 is a misdemeanor offense. Penalties for violations, however, vary widely depending on the specifics of the offense:

For Furnishing Alcohol to a Minor:

  • For permitting a minor to drink on the premises: A conviction results in a fine of up to $250 and 24-32 hours of community service.
  • For selling or giving a minor alcohol: A conviction results in fines up to $1,000 and community service of at least 24 hours.
  • If death occurs as a result of furnishing alcohol to a minor, A conviction may result in up to 6 months in county jail.

For Minors Purchasing or Consuming Alcohol:

  • First Offense: A fine of up to $250 and community service of 24 to 32 hours.
  • Subsequent Offenses: Fines up to $500 and 36 to 48 hours of community service.

In addition to these penalties, businesses with on-sale licenses may face administrative sanctions, such as suspension or revocation of their alcohol license. These administrative penalties can have significant financial and operational impacts on the business.

What are the Common Defenses?

An experienced California criminal defense attorney can employ several defenses to contest charges under BPC 25658. The effectiveness of each defense depends on the specifics of the case. Common defenses are discussed below.

Lack of Knowledge

If you did not know and had no reason to know that the recipient was a minor, this can serve as a defense.

Furnishing Alcohol to a Minor

Mistake of Fact

In tandem with lack of knowledge, your attorney may argue that you thought the person was of legal drinking age because of misinformation or misrepresentation. For example, if the minor misrepresented their age convincingly or presented a legitimate fake ID, California law exempts you from being convicted under this law. (See Business and Professions Code 25660 BPC.)

No Furnishing Occurred

Your attorney may argue that no alcoholic beverage was provided to the minor. This defense focuses on disproving the occurrence of the act itself. For example, perhaps you served a non-alcoholic drink to a minor and not an alcoholic beverage.

Entrapment

Law enforcement agencies regularly resort to undercover sting operations to catch people in violation of BPC 25658-for example, having a young-looking individual approach an adult to ask them to buy liquor for them in a nearby store or having a cop posing as a bouncer at a club where teens are suspected of presenting fake IDs. If these undercover operations cross the line into inducing someone to commit a crime they would not otherwise commit; it falls in the category of entrapment. If proven, the charges against you must be dropped.

What Does the Law Say?

The full text of California Business & Professions Code 25658 (BPC) says, "(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.

(b) Except as provided in Section 25667 or 25668, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.

(c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under 21 years of age and the person under 21 years of age after that consumes the alcohol and thereby proximately causes great bodily injury or death to themselves or any other person, is guilty of a misdemeanor.

Minor in Possession of Alcohol in California

(d) Any on-sale licensee who knowingly permits a person under 21 to consume any alcoholic beverage in the on-sale premises, whether or not the licensee knows that the person is under 21 years of age, is guilty of a misdemeanor.

(e)(1) Except as otherwise provided in paragraph (2) or (3), or Section 25667 or 25668, any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court.

A second or subsequent violation of subdivision (b), where prosecution of the previous breach was not barred under Section 25667 or 25668, shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court.

The Legislature intends that the community service requirements prescribed in this section require service at an alcohol or drug treatment program, facility, or county coroner's office, if available, where the violation occurred or where the person resides.

(2) Except as provided in paragraph (3), any person who violates subdivision (a) by furnishing an alcoholic beverage or causing an alcoholic beverage to be furnished to a minor shall be punished by a fine of one thousand dollars ($1,000), no part of which shall be suspended, and the person shall be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school.

(3) Any person who violates subdivision (c) shall be punished by imprisonment in a county jail for a minimum term of six months, not to exceed one year, by a fine of one thousand dollars ($1,000), or by both imprisonment and fine.

(f) Persons under 21 years of age may be used by peace officers in the enforcement of this section to apprehend licensees, employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.

Notwithstanding subdivision (b), any person under 21 years of age who purchases or attempts to purchase any alcoholic beverage while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase an alcoholic beverage.

 California Business & Professions Code 25658 (BPC)

Guidelines concerning the use of persons under 21 as decoys shall be adopted and published by the department by the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Law enforcement-initiated minor decoy programs in operation before the effective date of regulatory guidelines adopted by the department shall be authorized as long as the minor decoy displays to the seller of alcoholic beverages the appearance of a person under 21 years of age.

This subdivision shall not be construed to prevent the department from taking disciplinary action against a licensee who sells alcoholic beverages to a minor decoy before the department adopts its final regulatory guidelines.

After completing every minor decoy program under this subdivision, the law enforcement agency using the decoy shall notify licensees within 72 hours of the program's results.

When a minor decoy is used, and a citation is issued, licensees and the department must be notified within 72 hours of the citation's issuance.

A law enforcement agency may comply with this requirement by leaving a written notice addressed to the licensee at the licensed premises or by mailing a notice addressed to the licensee.

(g) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 272 of the Penal Code."

For more information, contact our criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, CA.

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