Regulatory ProvisionsWomen and Minors
Section § 25657
This law makes it illegal for businesses that sell alcohol on-site to hire people to convince customers to buy drinks or to pay employees based on drink sales. It also prohibits allowing people to hang around the premises trying to get others to buy them drinks. Violating this law is considered a misdemeanor, which is a type of criminal offense.
Section § 25658
If you sell or give alcohol to someone under 21 in California, you can be charged with a misdemeanor. Young people under 21 who buy or drink alcohol can also face misdemeanor charges unless specific exceptions apply. If providing alcohol to someone underage leads to serious injuries or death, harsher penalties apply, including possible jail time. If you knowingly allow someone under 21 to drink at your place of business, that can also be a misdemeanor. Fines and community service are common consequences for these offenses, but these vary and can be more severe for repeated offenses. Additionally, police can use underage decoys to catch businesses selling to minors, and such operations have their own set of guidelines and notifications.
Section § 25658.1
This law states that if a business selling alcohol gets caught three times for selling to minors within a 36-month period, it cannot settle the third violation with the Department of Alcoholic Beverage Control. Instead, the department can revoke the business's license to sell alcohol for this third violation. Additionally, the department has the power to revoke a license earlier if necessary. Importantly, a violation is not considered final until any legal processes regarding it are completed.
Section § 25658.2
This law says that if a parent or legal guardian lets their child, or someone with the child, under 18, drink alcohol or use drugs at their home, they can be charged with a misdemeanor if three things happen: first, the substance use results in the child having a blood-alcohol level of 0.05% or being under the influence of drugs; second, the parent allows the underage person to drive; and third, the underage person causes a traffic accident while driving. If found guilty, the parent could face up to one year in jail, a fine up to $1,000, or both.
Section § 25658.4
This section sets rules for clerks and retail stores selling alcohol. Clerks must fill out an official form on their first day of selling alcohol, confirming they understand important rules about not selling to minors, intoxicated people, and other details. This form must be available for inspection, and stores can keep it at a designated location if they inform the authorities. Stores must post clear notices about prohibited sales and penalties for selling to minors. Additionally, stores and nonprofits can access educational resources about alcohol sales and laws. The department can create rules and fees related to these requirements.
Section § 25658.5
If you're under 21 and try to buy alcohol in California, you can get fined up to $250 or be required to do 24 to 32 hours of community service, or both. If you try again, the fine can go up to $500 and community service between 36 and 48 hours. The law prefers that community service be related to alcohol or drug treatment programs or a coroner's office, if possible. These penalties don't stop you from facing other legal consequences under different laws.
Section § 25659
This law allows someone who runs a business that sells alcohol (or their employees) to refuse alcohol sales to anyone who can't prove they're at least 21. If they spot an ID showing someone is under 21 or if they think the ID is fake, they can take the ID but must give the person a receipt. Then, within 24 hours, they must hand the ID over to local police. If they decide not to take the ID, they're not in trouble either way.
Section § 25659.5
If you're a retailer selling keg beer for take-home purposes, you must put a special ID tag on all beer kegs when you sell them. Buyers must sign a receipt with their name, address, and ID number. This ID tag helps trace kegs if the beer is used illegally. You can't refund a keg's deposit if it's returned without this tag. Failing to follow these rules can lead to penalties. Also, keeping a copy of the receipt for six months is necessary for inspections. Knowing you have a keg without the required ID is a misdemeanor, and lying on the purchase receipt is too. The ID tag must be easy to remove so kegs can be cleaned and reused. There's a fee for the tags and receipt forms, which helps cover administrative costs. The law defines a 'keg' as a beer container holding at least six gallons.
Section § 25660
This law explains what counts as acceptable proof of someone's age and identity. It includes government-issued documents like a driver's license, a passport, or a military ID, all of which should have the person's photo and birth date. If a business checks these forms of ID or uses a biometric system (like fingerprint or facial recognition) to verify someone's age before an alcohol transaction, it can use this as a defense if accused of illegal sales to minors. Biometrics refers to unique body features used to confirm identity, ensuring that ID checks are accurate and trustworthy.
Section § 25660.5
This law makes it illegal to provide fake or someone else's ID to anyone under 21 to make them appear older than they are. If you do this, it's considered a misdemeanor, which is a type of crime.
Section § 25661
If someone under 21 tries to use a fake ID to buy alcohol, they can get a $250 fine or have to do community service. If they do it again, the fine can be up to $500, or they’ll need to do more community service. The service could be at places like a drug treatment center or the coroner’s office. These penalties don’t stop other legal actions for related offenses.
Section § 25662
This law makes it illegal for anyone under 21 to have alcohol in public places, like streets or parks, with a penalty of a $250 fine or community service. Repeat offenses carry higher fines and more community service. The service is meant to be done at alcohol or drug treatment centers or a coroner's office if nearby. Exceptions exist for those under 21 handling alcohol as part of a job or at the instruction of a parent. Police can also seize and sometimes destroy alcohol at large gatherings involving minors, particularly when no adults are supervising. Other legal actions can still be taken under different laws for violations.
Section § 25663
This law says that businesses such as bars and restaurants can't hire anyone under 21 to make or serve drinks, except in a few cases. If you're under 21, you can only serve alcohol in a restaurant if you're mainly serving food and just occasionally dealing with drinks. Also, store owners who sell alcohol can't let anyone under 18 handle alcohol sales unless an adult is supervising them. Ignoring these rules can get you in trouble, like losing your license or facing misdemeanor charges.
Section § 25663.5
This law allows people aged 18 to 21 to work as musicians on the premises of businesses focused on selling alcohol for on-site consumption, as long as there are no adult performances involving nudity. Musicians must perform in areas reserved just for them, and no alcohol can be brought into these areas.
Section § 25664
This law makes it illegal to advertise alcoholic beverages in ways that target minors, meaning those under the legal drinking age. Advertisements, including signs or flyers, should not suggest that minors are allowed to drink or visit places primarily selling alcohol if they are under 21. However, ads aimed at adults who can legally drink are not affected. Additionally, the department in charge can create more rules to help enforce this law.
Section § 25665
This law states that if a bar or similar venue lets people under 21 stay there without a valid reason, the venue can be charged with a misdemeanor. Similarly, if someone under 21 stays in such a place without a valid reason, they can also be charged with a misdemeanor and must pay a fine of at least $200, which cannot be reduced.
Section § 25666
In cases where a business is accused of selling alcohol to minors, the young person (minor decoy) used in the sting operation must testify at the hearing unless they are unavailable due to severe illness or death. If the minor decoy is expected to become available soon, the hearing can be postponed. The rules also clarify that the young person can give testimony in other official ways, and the hearing can be delayed for other valid reasons. A minor decoy is defined as someone under 21 used by law enforcement to catch businesses selling alcohol to minors.
Section § 25666.5
If someone is found guilty of certain alcohol-related offenses and is given probation, the court can require them, with their permission, to join a specific program as part of their probation terms. This is in addition to other requirements set by the law.
Section § 25667
If someone under 21 calls 911 to report a medical emergency involving alcohol, they won't be criminally prosecuted for drinking underage as long as they were the first to call, stayed until help arrived, and cooperated with officials. However, this protection doesn't cover any dangerous activities like drunk driving.
Section § 25668
This law allows students at certain colleges or universities (specifically those offering degree programs in hotel management, culinary arts, or enology/brewing) to taste alcoholic beverages as part of their coursework without breaking underage drinking laws. However, the alcohol must remain under the control of an adult instructor, and it cannot be consumed beyond tasting. The institution doesn't need a special license for this as long as there's no extra charge for the alcohol. Students must be at least 18, and the term 'taste' doesn't mean drink; the beverage can't be swallowed.