Permitting a Minor in a Place Where Alcohol is Consumed - Business & Professions Code 25665 BPC
The State of California takes underage drinking seriously, to the point of restricting the presence of people under age 21 in drinking establishments and clubs.
It is, in fact, 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 (Business & Professions Code 25665 BPC). If you're convicted under this statute, you could face up to 6 months in jail.
BPC 25665 says, "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."
Notably, Business & Professions Code 25665 stipulates that it is a misdemeanor offense for anyone who holds an on-sale license for "public premises" to allow a person under the age of 21 to enter and stay on the premises without lawful business.
Similarly, minors who enter and remain in such establishments without a legitimate reason are also guilty of a misdemeanor.
What Constitutes a "Public Premises?"
Under California law, as detailed in BPC 23039, "public premises" refers to locations licensed to sell or serve alcoholic beverages beyond just beer to the public for on-premises consumption, but not as a bona fide public eating place where meals are regularly served.
This definition generally applies to bars, nightclubs, and similar establishments licensed to sell more than beer. It contrasts with restaurants and eateries, which typically fall under different regulatory requirements.
It's important to note that there are exceptions to the definition of "public premises." For instance, railroad dining or club cars, passenger ships, winegrowers, licensed theaters, and others are not considered public premises. This definition also does not apply to liquor stores, as these establishments are not licensed for on-premises alcohol consumption.
It should also be noted that public premises may, in fact, sell food for consumption, but the differentiator is that these sales are incidental and not intended as a sit-down meal. The primary purpose of a public premises is to sell alcohol for on-premises consumption.
What Must Be Proven to Convict?
To secure a conviction under BPC 25665, the prosecution must establish several key elements, depending on whether the establishment owner/manager or the minor is being charged. For public premises owners, they must establish that:
- You are the license holder of an establishment qualifying as a "public premises" (i.e., bar or nightclub)
- You allowed a person under the age of 21 to enter and remain on the premises
- The person under 21 had no lawful business reason to be there
For prohibited minors, the prosecutors must prove that:
- You entered and remained at a bar or nightclub
- You had no lawful business in the nightclub
- You were under the age of 21 at the time of the offense
Note that in neither instance do prosecutors have to show that the minor actually consumed alcohol, only that they were on the premises without a lawful reason. Permitting underage drinking is covered under other statutes.
What Are Related Crimes?
- Business and Professions Code 25662 BPC - Minor in possession of alcohol. This California law covers the possession of alcohol by minors when in a public place. To convict a prosecutor, the defendant must have been under the age of 21, possess an alcoholic beverage, and be on a street, highway, public place, or place open to the public. A first-time violation is an infraction. The offense is punishable by a fine of $250 or 24-32 hours of community service. A second or subsequent violation of BPC 25662 is charged as a misdemeanor, which carries a maximum fine of $500 or up to hours of community service.
- Business and Professions Code 25657(a) - Soliciting sale of alcohol. This California law makes it a crime for the owner of a bar or club to hire or pay someone to solicit alcohol. BPC 25657(a) says it is a crime for a bar or club to employ someone directly to solicit the purchase of alcoholic drinks. To "solicit" means to urge or request someone to drink alcohol. An "on-sale premise" is an establishment that is licensed to sell beer, wine, and distilled spirits for consumption on the premises where they are sold, such as a bar or nightclub. A violation of BPC 25657(a) is a misdemeanor punishable by imprisonment in the county jail for up to six months or a maximum fine of $1,000.
- Business and Professions Code 25661 BPC - Minor possessing or presenting a fake ID. This law makes it a crime for a minor to possess or present a false identification card. A person is guilty under BPC 25661 if they are under the age of 21 and either present a fraudulent ID to a business for the purpose of buying or attempting to buy alcohol or possess a false or fraudulent identification card. A violation of this law is a misdemeanor that carries a maximum fine of $200.
- Business and Professions Code 25658 BPC - Furnishing Alcohol to a Minor. This law makes it 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. 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.
What are the BPC 25665 Penalties?
A violation of BPC 25665 is a misdemeanor offense, whether it is the licensee or the minor who is being charged. For licensees, permitting a minor to be in the bar or club can result in:
- Fines of up to $1000, and
- Up to 6 months in county jail.
For minors, entering and remaining in such establishments without a lawful reason also constitutes a misdemeanor, punishable by a fine of up to $200.
What are the Best Defenses?
Those accused of violating BPC 25665 have several potential defenses at their disposal. A skilled California criminal defense attorney may employ one or more of the following common defenses, providing you with legal options and reassurance:
- No Public Premises: Demonstrating that the establishment in question does not fit the legal criteria of a bar/nightclub (for example, it is a bona fide eating establishment).
- Lawful Business Presence: If the minor had a legitimate reason to be on the premises, this can serve as a strong defense. For example, the minor may have been making a delivery to the bar as an employee of another company.
- Lack of Knowledge: Arguing that you did not know of the minor's presence. This defense would be more robust if there were reasonable measures in place to prevent minors from entering, such as ID checks at the door.
- Mistake of Age: If the minor presented fake identification or engaged in deceptive practices to appear over 21, this could be a viable defense. The licensee must show that they took reasonable steps to verify the minor's age and were deceived despite these efforts.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, in Los Angeles, CA.
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