Sales/Licenses
What is the B&P code for sales w/o a license?
23300 B&P
What is the B&P code for unauthorized alcohol on the premises? Is this a misdemeanor or felony?
25607(a)
Misdemeanor
What is the B&P code for furnishing alcohol to an obviously intoxicated person? Is this a misdemeanor or felony?
25602(a)
Misdemeanor
Sales to a minor is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25658(a)
Misdemeanor
What is the B&P Code for unlawful sales/purchase during restricted hours? Is this a misdemeanor or felony?
25631 B&P
Misdemeanor
25662(a)
Misdemeanor
A minor in of a false ID is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25661 B&P
Misdemeanor
What are the elements for sales w/o a license?
Any person who exercises or performs an act only a licensee exercises or performs under the authority of a license
What are the element(s) to arrest a person for unauthorized alcohol on the premises?
What are the symptoms of an obviously intoxicated person?
-Slurred speech
-Staggered gait
-Ineffective muscular coordination
-Falling against bar or off stool
-Inability to pick up change
-Uncontrollable voice pitch
-Loud and boisterous behavior
-Bloodshot eyes
-Disheveled condition of clothes and hair
-Smell of alcoholic beverage
Consumption/purchase of alcohol by a minor is covered under what B&P code? Is this a misdemeanor, felony, or infraction?
25658(b)
Misdemeanor
What is the B&P Code for consumption during restricted hours? Is this a misdemeanor or felony?
25632 B&P
Misdemeanor
Minors in possession of alcohol is covered under what B&P code? consuming alcohol at a party is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25662(a)
Misdemeanor
A 19-year-old woman borrowed the driver’s license of a friend who had similar features but was 21. The 19-year- old presented the license to the bouncer at the door to gain admittance to a bar. The bouncer realized that the woman did not match the picture on the license and could not answer questions based on information on the ID. Has the minor committed a crime? If so, what crime?
Yes, the crime of presentation of a false ID.
Is sales w/o a license a misdemeanor or felony?
Misdemeanor
Does the licensee have to be on the premises to be in violation of unauthorized alcohol to be on the premise?
No, the licensee does not have to be on the premise.
Name the crime element(s) for furnishing alcohol to an obviously intoxicated person.
Attempt to purchase by a minor is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25658.5
Infraction
Does a peace officer have the right to arrest someone for sales/purchase or consumption during restricted hours?
yes
Minors consuming alcohol at a party is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25662(b)
Misdemeanor
A mother called her 18-year-old daughter from work and stated that she had inadvertently left her driver’s license at home. She asked her daughter to bring the license to her office because she needed it. Has the mother committed a crime? If so, what crime?
No, the mother has not committed a crime because there was no intent on the daughter's part to order or purchase alcohol.
Non-retail: Manufacture/distribution of alcoholic beverages.
Retail: the sale of alcoholic beverages to consumers/the public.
Can you arrest someone for having unauthorized alcohol on the premise?
An officer was at a licensed liquor store investigating a petty theft. While behind the counter and out of sight of customers, the officer saw an obviously intoxicated male enter the store. In view of the clerk, the man stumbled into the reach-in cooler and selected a 40 oz. bottle of beer. He staggered to, and supported himself on, the sales counter. In front of the clerk, the man dropped currency and change on the floor but, after several attempts, eventually picked it up. The clerk took money from the man for purchase of the beer and handed him some change. The man staggered out of the store with his beer. Did the clerk commit a crime? If so, what crime did the clerk commit?
Yes, the clerk committed the crime of furnishing alcohol to an obviously intoxicated person.
A 19-year-old female entered a convenience store, took a six- pack of beer from the refrigerator, and attempted to purchase the beer. When the clerk asked for her ID, she became very nervous, claimed that she left her wallet at home, and tried to convince him that she was not a minor. The clerk did not believe her and refused to sell her the beer. An officer standing outside the store observed the attempted purchase. When the officer entered the store to purchase a soda, the clerk told him what had happened and pointed out the woman to the officer. Has the minor committed a crime? If so, what crime?
Yes, the minor committed a crime of attempting to purchase alcohol by a minor.
What are the crime element(s) for sales/purchase during restricted hours?
Any on or off licensee, agent, or employee who sells, gives, or delivers to any person any alcoholic beverages or any person who knowingly purchases any alcohol between 0200-0600.
What are the conditions of seizure of alcohol at a social gathering?
1)Lawfully entered premises
2)Gathering is open to the public
3)10 or more minors are participating
4)Minors are consuming alcohol
5)There is no supervision by a parent or guardian
Minors inside public premises is covered under what B&P code? Is this an infraction, misdemeanor, or felony?
25665 B&P
Misdemeanor
Are on-sale and off-sale licenses non-retail or retail?Define off-sale and on-sale licenses.
On-sale: Consumption of alcohol on premises.
Off-sale: Consumption of alcohol off premises.
Can authorities seize any alcohol found in violation?
Yes
A man entered a store without showing signs of being obviously intoxicated. The man purchased a bottle of vodka and left the store. The man drove away and ran a stop sign. He was stopped by a peace officer who observed several empty alcoholic beverage bottles in the car. The officer administered a preliminary alcoholic beverage screening. The man’s blood alcoholic level was .23%, but he performed other tests well. Did the clerk commit a crime? If so, what crime did the clerk commit?
No, the clerk did not commit a crime because the clerk did not exhibit any other symptoms of intoxication.
A 20-year-old male college student attended a party where alcoholic beverages were being served and attempted to get a drink. The bartender, a fellow student, knew the man was still a minor and refused to serve him an alcoholic beverage. Has the minor committed a crime? If so, what crime?
No, the minor has not committed a crime because there was no attempt to purchase alcohol.
What are the crime element(s) for consumption of alcohol during restricted hours?
Any retail licensee, agent, or employee who permits any alcohol beverage to be consumed by a person the licensed premises or who sells, gives, or delivers for consumption during 0200-0600.
Can a peace officer dispose of alcohol at a social gathering?
What are the crime element(s) for a minor inside public premises?
A licensee under an on-sale license issued for public premises who permits a minor to enter and remain inside the licensed premises w/o unlawful business or vice versa.
What are the two colors for licenses and what they mean?
Green: Minors are not permitted in the premises. (ex: applebee's)
Pink: Minors are permitted in the premises.
(ex: Capitol Hopshop)
A peace officer conducted a premises check at a local bar and observed a patron who was obviously intoxicated. The patron had a strong smell of alcoholic beverages about his person, red bloodshot eyes, and a staggering gait. The officer observed the bartender mocking the patron’s state of intoxication, then serving the patron a bottle of beer. Did the bartender commit a crime? If so, what crime?
Yes, the bartender committed the offense of furnishing alcohol to an obviously intoxicated person.
1)What are the crime element(s) for sales to a minor?
2)What are the crime element(s) for purchase/consumption by a minor?
3)What are the crime elements for attempting to purchase by a minor
1)Sales: Any person who sells, gives, furnishes, causes to be sold, furnished, or delivers alcohol to anyone under 21 years of age.
2)Anyone under 21 years of age who purchases alcohol for consumption on any on-sale premises.
3)Anyone under 21 years of age who attempts to purchase alcohol from a licensee or the licensee's agent or employee.
A man entered an all-night pizza parlor at 3:30 a.m. He ordered a ginger ale and a small pizza. He quickly consumed the soda, then discreetly poured beer into the glass that he had smuggled in under his jacket. The waiter did not realize that the man had switched beverages. Has the waiter committed a crime? If so, what crime?
No, the waiter did not know/permit of the beer smuggled into the business.
When does a peace officer impound unopened alcohol after seizing it from a party?
1)For a period not exceeding seven days
2)Pending requests for the release of the impounded beverages by a minor
3)The lawful owner/resident of the property where the alcohol was seized.
An on-sale licensee who permits a minor to enter or remain inside the public premise is guilty of a what?
Misdemeanor