Business & Professions Code 25658 BPC - Selling or Furnishing Alcohol to a Minor
In California, selling or furnishing alcohol to a minor under the legal drinking age of 21 is a misdemeanor offense. The penalties are not to be taken lightly, typically including a substantial fine of $250 to $1000 and a significant commitment of 24 to 32 hours of community service. This state law is codified in Business & Professions Code 25658 BPC.
Also, under state law, it's a crime for minors under 21 to purchase alcohol or consume it on the premises of a bar, restaurant, etc.
Suppose an alcohol vendor permits underage drinking on the premises. In that case, they face fines of $250 or 24 to 32 hours of community service.
Suppose you sell or give alcohol to an underage person, and their drinking results in great bodily harm or death to another person. In that case, you are facing six months to one year in jail of up to a $1,000 fine. If there are no injuries, you will face a fine and be required to complete at least 24 hours of community service.
Suppose an underage person buys alcohol or consumes it on the premises. A first offense will result in $250 in fines or 24 to 32 hours of community service. Any second or subsequent offense can result in up to a $500 fine or 36 to 48 hours of community service.
Simply put, BPC makes it a crime for any licensed alcohol vendor to sell, give, or furnish alcohol to individuals under the age of 21. This law also prohibits the purchase or consumption of alcohol on the premises of an establishment licensed to sell alcohol.
People under 21 cannot consume any alcoholic beverage on the premises, even if the licensee doesn't know that the person is under 21.
A common method to violate the furnishing alcohol to a minor law is for someone to buy alcohol for someone under 21, often occurring at a grocery or liquor store near a college campus. An underage person might give you money and ask that you buy them some alcohol. If you make this purchase, you could be charged with a crime.
What Does the Law Say?
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.
(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."
What Factors Must Be Proven?
To convict you of violating BPC 25658, the prosecution must prove all the elements of the crime, including the following:
- You sold, provided, or facilitated access to alcohol for a minor.
- You knew or reasonably should have known that the recipient was under 21 years old.
- If charged under Section 25658(c), it must be proven that the minor's consumption of alcohol directly caused significant injury or death.
What Acts are Prohibited?
BPC 25658's goal is not just to enforce rules but also to prevent underage drinking and its associated risks, such as impaired driving and long-term health issues. The law applies to both people and business entities, and its role in protecting our youth is crucial.
Business & Professions Code 25658 (BPC) details primary prohibitions when it comes to minors and alcohol:
- It's illegal for any person or business with an on-sale license (bars, restaurants, clubs) to sell, furnish, or give away alcoholic beverages to anyone under 21, including buying alcohol on behalf of a minor.
- It is also illegal to permit minors to consume alcohol on the premises.
- The law also prohibits minors from purchasing alcohol or consuming it on the premises of an establishment that sells alcohol.
One standard practice used to arrest people for violating the furnishing of alcohol to a minor law is through a program that targets people under 21 who attempt to use fake or fraudulent driver's licenses or identification cards to gain entrance into nightclubs, etc., or who try to purchase alcoholic beverages.
This program targets people under 21 who attempt to use fake or fraudulent driver's licenses or identification cards to gain entrance into nightclubs, etc., or who try to purchase alcoholic beverages.
ABC licensees (bars, nightclubs, liquor stores) contact police when they have an underage person they suspect is trying to use a fake or fraudulent ID. They will stall the person until they can be questioned. Depending on the circumstances, the underage person could face charges such as the following:
- Penal Code 470a PC - forge or counterfeit a driver's license or I.D. card.
- Penal Code 470b PC - possess a fake driver's license or identification card.
- Vehicle Code 13004 VC - unlawful use of a fake ID card.
What are Related Crimes?
Several California crimes are related to BPC 25658 furnishing alcohol to a minor, and understanding these can provide a broader legal context. These include the following:
- Business and Professions Code 25662 BPC - Minor in possession of alcohol (MIP). This law prohibits a minor under 21 from having alcohol in a public place. They cannot 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 misdemeanor crime can be charged when minors possess or present false identification, such as presenting a fake ID to a business to buy alcohol or simply possessing a fake ID.
- Vehicle Code 23140 VC - Underage DUI. This zero-tolerance law prohibits anyone under 21 from driving with a BAC of .05% or higher. Underage driving under the influence is an infraction that carries a $100 fine, a one-year driver's license suspension of driving privileges, and a mandatory alcohol education program of three months or longer.
What Are the Penalties?
Suppose you are convicted of violating BPC 25658, a misdemeanor offense. In that case, the penalties will vary widely depending on the specifics of the offense:
- For permitting a minor to drink on the premises, the punishments carry a fine of up to $250 and 24-32 hours of community service.
- For selling or giving a minor alcohol, the penalties include 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 carries up to 6 months in county jail.
- For minors purchasing or consuming alcohol, a first offense carries a fine of up to $250 and community service of 24 to 32 hours.
- Subsequent offenses carry fines up to $500 and 36 to 48 hours of community service.
- Businesses with on-sale licenses may face administrative sanctions, such as suspension or revocation of their alcohol license.
What are the Standard Defenses?
A California criminal defense attorney uses different strategies to contest charges under BPC 25658, such as the following:
- Lack of Knowledge. Perhaps you were unaware that the recipient was a minor under 21.
- Mistake of Fact. Perhaps you believed the person was of legal drinking age due to misrepresentation. Maybe the minor presented a legitimate fake ID. California law exempts you from being convicted under this law. (Business and Professions Code 25660 BPC.)
- No Furnishing Occurred. Perhaps we can argue that no alcoholic beverage was provided to the minor. Maybe you served a non-alcoholic drink to a minor and not an alcoholic beverage.
- Entrapment. Police routinely conduct undercover sting operations to catch people in violation of BPC 25658. They will use a young-looking person to ask an adult to buy liquor for them in a nearby store or have an officer pose as a bouncer at a club where teens are suspected of presenting fake IDs. If they cross the line and induce someone to commit a crime, they would not otherwise commit, it falls in the category of entrapment. If proven, the charges against you might be dropped.
Contact our criminal defense law firm, Cron, Israels & Stark, for more information. We have offices in Los Angeles, CA.