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California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment

There are a lot of laws in California that are intended to stop minors from accessing alcohol, including laws that limit the consumption of alcohol if minors are around. California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment is an example of one of these laws, and it says that it’s not legal for a minor to be in an establishment that has a license to sell alcohol (on-sale alcohol consumption).

In order to show that the defendant was guilty of allowing a minor to be in such an establishment, the prosecution has to establish two elements. First, that the defendant had a license for the establishment, and second, that the defendant allowed the minor (under 21 years old) to come into and stay in the establishment without any lawful reason to.

For example, a bar owner may say that the bar doesn’t allowed minors under the age of 21 into the premises, but if they don’t have bouncers or bartenders checking IDs and then having minors leave the premises once their age is determined, they could be charged with a crime.

It’s common for there to be surprise inspections and checks to make sure that licensees are following the law. It’s possible that a minor will be found on the premises during one of these inspections, and that the owner of the business would have to appear in court.

The minor may also be prosecuted. In order to convict the minor, the prosecution would need to show that the defendant was under 21 years of age and that they went into and stayed in the establishment without any lawful reason to.

There are three offenses related to California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment: Selling or Furnishing an Alcoholic Beverage to a Person Under 21; Contributing to the Delinquency of a Minor; and Purchase or Consumption of an Alcoholic Beverage by a Person Under 21.

Defenses to California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment

If the defendant (the owner of the establishment) took a reasonable amount of steps to keep minors from coming into the establishment, they have a better chance of not being charged for this crime. For example, if a bar owner is looking for a bartender to add to the team, and the bartender that the owner interviews and hires says they’re over 21 and shows a phony ID that says she’s older than 21, the bar owner wouldn’t be in violation of the law, assuming it wasn’t obvious that the ID did not belong to the bartender.

Penalties for California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment

If you’re charged in violation of California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment, it’s considered a misdemeanor. The sentence may be as many as six months in jail, and court fines are also often part of the penalty. The establishment owner may also have their license temporarily suspended or permanently revoked. If a minor is caught on the premises of an on-sale business, the crime is considered a misdemeanor and come with a fine of no more than $200.

Criminal Defense

An experienced criminal defense attorney will work to prove that the defendant did their best to make sure minors wouldn’t be allowed into or on the premises of the establishment, and that they should not be considered liable for the violation. If you or someone you know has been cited in violation of California Business & Professions Code Section 25665 BPC: Permitting Minor In On-Sale Establishment, get in touch with a local criminal defense lawyer immediately.


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Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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2021-03-02
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Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
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Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
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I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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