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California Business & Professions Code Section 25631 BPC: Selling Alcohol Between 2:00 A.M. and 6:00 A.M.

When owners of grocery stores, convenience stores, bars and other businesses get their beer, wine and liquor licenses, they are taking on the responsibility of selling or serving alcohol in accordance with state laws.

One state law that you should be aware of is the law that you cannot sell alcohol between the hours of 2:00am and 6:00am in the State of California. If you do, you can be charged with a misdemeanor criminal charge.

When are You Guilty of this Crime?

In order to be convicted of selling alcohol between 2:00am and 6:00am, it must be proven that you were working as the licensee, agent or employee of the licensee in a business that has a license to sell alcohol. Additionally, it must also be proven that you sold alcohol between the prohibited hours.

What are a Few Examples of this Crime?

There are a few situations in which you can be charged with this crime. If a customer comes in and asks you to allow them to purchase alcohol between the prohibited hours, and if you agree to do so, you could be criminally charged.

Additionally, you should be aware of how the laws pertain to daylight savings time. Some people are under the misunderstanding that they can keep their store open and selling alcohol for an hour later because of the time change. However, according to the law, you can only continue selling alcohol for two hours after midnight. This means that if you are caught selling alcohol three hours after midnight due to daylight savings time, you could be charged.

What are the Consequences of Selling Alcohol During the Prohibited Hours?

Now that you have been formally charged with misdemeanor charges related to this crime, you could be wondering what you are facing. Luckily, it is a misdemeanor and not a felony. However, it can still have an effect on your personal life. Not only do you have to worry about potentially having to pay costly court fines and costs, but you could actually face up to six months in jail. Plus, you have to worry about the same impact that any misdemeanor criminal offense could have on your life, such as an impact on housing, job opportunities and reputation.

However, in this situation, you have to worry about more than just your personal life being affected. Instead, you should know that your business could be greatly affected by this type of conviction. If you are found guilty, then your company’s liquor license could be at risk of revocation. Depending on the nature of the business that you operate, this could be crippling.

What are Some Possible Defenses for This Crime?

There are a few ways that a lawyer can help you defend yourself if you have been accused of this crime. For example, if you were not acting as a licensee, agent or employee — such as if you brought along a case of beer from your store when attending a party after 2:00 in the morning — then you cannot be found guilty.

Of course, the defenses that will used in your case will depend on the specifics of your case. Because of this, it’s smart to sit down with a lawyer who can talk to you about all of the individual factors that relate to your case. Then, he or she can begin working on providing the best possible defense.

What Should You Do if You are Facing These Charges?

If you are a business owner who is facing these charges, then it’s critical for you to do what you can to defend yourself. Defending yourself in court might not be the best course of action. Instead, consider hiring an attorney.

By hiring a lawyer, you can get professional guidance and legal representation that is based on the specifics of your case. This can help you avoid the repercussions that can go along with a criminal conviction for this charge.


Charle Butler
Charle Butler
2021-03-12
Verified
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!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
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.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
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.
Josh Katz
Josh Katz
2021-02-24
Verified
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
Verified
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
Verified
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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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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