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California Business and Professions Code Section 25658

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 25658

25658.  (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, 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 thereafter consumes the alcohol and thereby
proximately causes great bodily injury or death to himself, herself,
or any other person, is guilty of a misdemeanor.
   (d) Any on-sale licensee who knowingly permits a person under 21
years of age to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under 21 years of age, is guilty of a misdemeanor.
   (e) (1) Except as otherwise provided in paragraph (2) or (3), or
Section 25667, any person who violates this section shall be punished
by a fine of two hundred fifty dollars ($250), no part of which
shall be suspended, or the person shall be required to perform not
less than 24 hours or more than 32 hours of community service during
hours when the person is not employed and is not attending school, or
a combination of a fine and community service as determined by the
court. A second or subsequent violation of subdivision (b), where
prosecution of the previous violation was not barred pursuant to
Section 25667, shall be punished by a fine of not more than five
hundred dollars ($500), or the person shall be required to perform
not less than 36 hours or more than 48 hours of community service
during hours when the person is not employed and is not attending
school, or a combination of a fine and community service as
determined by the court. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides.
   (2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
   (3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine of one thousand dollars ($1,000), or by
both imprisonment and fine.
   (f) Persons under 21 years of age may be used by peace officers in
the enforcement of this section to apprehend licensees, or employees
or agents of licensees, or other persons who sell or furnish
alcoholic beverages to minors. Notwithstanding subdivision (b), any
person under 21 years of age who purchases or attempts to purchase
any alcoholic beverage while under the direction of a peace officer
is immune from prosecution for that purchase or attempt to purchase
an alcoholic beverage. Guidelines with respect to the use of persons
under 21 years of age as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under 21
years of age. This subdivision shall not be construed to prevent the
department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines. After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program. When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given to licensees and the department within 72 hours of the
issuance of the citation. A law enforcement agency may comply with
this requirement by leaving a written notice at the licensed premises
addressed to the licensee, or by mailing a notice addressed to the
licensee.
   (g) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 272 of the Penal Code
and Section 13202.5 of the Vehicle Code.

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Last modified: March 17, 2014