Permitting a Minor in a Place Where Alcohol is Consumed - Business & Professions Code 25665 BPC
Minors under 21 in California are not legally allowed to consume alcoholic beverages. In fact, they are not even allowed to enter an on-sale premises without potential consequences.
California Business and Professions Code 25665 BPC, permitting minors in on-sale establishment law, makes it a crime for a minor to be allowed on the premises of a bar or nightclub where alcohol is sold for consumption.
Violations of this law are not to be taken lightly. They are misdemeanors punishable by up to six months in jail and fines of up to $1000.00. BPC 25665 charges can apply to both business owners and minors.
Simply put, in California, the law is strict when it comes to underage drinking. It restricts the presence of anyone under the age of 21 in drinking establishments and clubs.
In other words, it's a misdemeanor crime to allow someone under the legal drinking age to be in a bar, nightclub, or similar venue that exists primarily to serve alcohol.
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."
BPC 25665 stipulates that it is a misdemeanor for anyone who holds an on-sale license for "public premises" to allow someone under 21 to enter and stay on the premises without lawful business. Similarly, minors who enter and remain in these establishments without a legitimate reason are also guilty of a misdemeanor.
What are "Public Premises?"
A public premise is simply a location licensed to sell or serve alcoholic beverages other than beer to the public for on-premises consumption. This definition excludes places where meals are regularly served, such as restaurants.
Typically, this includes bars, nightclubs, and similar establishments licensed to sell more than beer. It's different than restaurants, which normally fall under other regulatory requirements. This definition also does not apply to liquor stores, as they are not licensed for on-premises alcohol consumption.
Notably, there are exceptions to the definition of public premises. Some examples include the following:
- Railroad dining,
- Club cars,
- Passenger ships,
- Winegrowers,
- Licensed theaters.
These locations are not considered public premises. Public premises may sell food for consumption, but the difference is that these sales are incidental and not intended as a sit-down meal. Rather, the primary purpose of a public premises is to sell alcohol for on-premises consumption.
What Factors Must Be Proven to Convict?
To obtain a conviction for violating BPC 25665, the prosecution must prove several elements of the crime, depending on whether the establishment owner or the minor is being charged. For public premises owners, they must prove all of the following:
- You are the license holder of an establishment that qualifies as a public premise (bar or nightclub).
- You allowed someone under 21 to enter and remain on the premises.
- The underage person had no lawful business reason to be there.
For prohibited minors, the prosecutors must prove the following:
- You entered and remained inside a bar or nightclub.
- You had no lawful business to be inside the nightclub.
- You were under the age of 21 at the time of the crime.
Notably, the prosecutor does not have to prove the underage person consumed alcohol. Rather, they were on the premises without a lawful reason. Permitting underage drinking is defined under other statutes.
What Are Related Offenses?
Minor in possession of alcohol - Business and Professions Code 25662 BPC. This law makes it a crime for a minor to possess alcohol when in a public place. The prosecutor must prove they were on a street, highway, public place, or place open to the public. A first-time violation is an infraction. The penalties include a fine of $250 or 24-32 hours of community service. A second or subsequent violation is a misdemeanor crime that carries a fine of up to $500 and community service.
Minor possessing or presenting a fake ID - Business and Professions Code 25661. This law prohibits a minor from possessing or presenting a false identification card. You are guilty of violating this law if you are under 21 and 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. This misdemeanor carries a maximum fine of $200.
Furnishing Alcohol to a Minor - Business and Professions Code 25658 BPC. This law prohibits any licensed alcohol vendor from selling, giving, or furnishing alcohol to people under 21. It also prohibits minors from purchasing or consuming alcohol on the premises of an alcohol-licensed establishment. A conviction carries a fine of up to $250 and 24-32 hours of community service.
Soliciting sale of alcohol - Business and Professions Code 25657(a). This law makes it a crime for the owner of a bar or club to hire or pay somebody to solicit alcohol. Simply put, it prohibits a bar or club from employing someone directly to solicit the purchase of alcoholic drinks, meaning 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. Violations of this law are a misdemeanor that carries up to six months in county jail and a fine of up to $1,000.
What are the BPC 25665 Punishments?
Violating BPC 25665 is a misdemeanor offense, whether the licensee or the minor is being charged.
For licensees, permitting a minor to be in the bar or club can result in the following:
- A fine of up to $1000, and
- Up to six months in county jail.
For minors, the penalties for entering and remaining in such establishments are equally severe. It is a misdemeanor offense, punishable by a fine of up to $200, a significant amount for most young individuals.
What are the Common Defenses?
Anyone accused of violating BPC 25665 has several possible defenses that a California criminal defense attorney could use, as discussed below.
Perhaps we can argue that there were no public premises. We can also demonstrate that the establishment in question does not fit the legal criteria of a bar or nightclub.
Perhaps we can argue it was a lawful business presence. Suppose the minor had a valid reason to be on the premises. In that case, it could be a valid defense against the charges.
Perhaps we can argue there was a lack of knowledge. Maybe we can say you did not know of the minor's presence. Perhaps reasonable measures were in place to prevent minors from entering, such as ID checks at the door.
Perhaps we can argue there was a mistake of age. Maybe the minor presented fake identification or engaged in deceptive practices to look over 21. Perhaps you took reasonable steps to verify the minor's age and were deceived despite these efforts.
For additional information, contact our Los Angeles-based California criminal defense law firm, Cron, Israels & Stark.
Related Content: