Businesses in California are only allowed to sell alcohol at certain hours throughout the day. Generally, alcohol can be sold from 6:00 A.M. up to 2:00 A.M. Businesses must only sell alcohol during these hours, or they can face criminal charges under California Business and Professions Code Section 25631: Selling Alcohol Between 2:00 A.M. and 6:00 A.M.
You can find out more about BPC 25631 right here with the professionals at the Simmrin Law Group. Review the definition of this charge and go over the possible penalties for a conviction right now.
Defining BPC 25631 Charges in California
According to BPC 25631, both on- or off-sale premises are forbidden from selling alcohol between the hours of 2:00 A.M. and 6:00 A.M. These businesses are also not permitted to:
- Give Alcohol Away During This Period of Time
- Deliver Alcohol During This Period of Time
Alcohol can include distilled spirits, wine, and beer in the state of California. Let’s go over the legal definitions for the businesses mentioned in BPC 25631:
- On-Sale Premise. On-sale premises are businesses where people can buy and consume alcohol without leaving the business. Nightclubs and bars are examples of on-sale premises.
- Off-Sale Premises. Off-sale premises can sell alcohol, but alcohol cannot be consumed within the business. A liquor store would be an example of an off-sale premise.
Charges That Resemble BPC 25631
There are many legal codes used to regulate the sale of alcohol throughout California. Examples of these charges include:
- Business and Professions Code Section 25603: Bringing Intoxicants into a Penal Institution
- Business and Professions Code Section 25608: Alcoholic Beverages at a Public Educational Facility
- Business and Professions Code Section 25657(a): Soliciting Sale of Alcohol
- Business and Professions Code Section 25657(b): Allowing Loitering to Solicit Alcohol from Patrons
California also restricts the sale of controlled substances, including drugs. Individuals throughout the state can face serious criminal charges for the sale of drugs, no matter what time of day the sale is made.
Examples of Selling Alcohol Between 2:00 A.M. and 6:00 A.M.
Man A works for a liquor store. He’s responsible for closing the store at 2:00 A.M. Just as he’s preparing to lock the front door, a group of women show up and ask to just buy a six-pack of beer. They promise to be quick. It’s only 2:05 A.M., and the man decides to let them make their purchase. He could be convicted under BPC 25631.
Man B has a bunch of friends over and they drink almost all of his beer. He has one bottle left and wants to keep it. However, one of his friends is begging for it. He says the friend can have the beer for twenty bucks. The friend agrees, even though it is 3:00 A.M. Man B shouldn’t be charged under BPC 25631, because he is not operating an on- or off-sale premise.
Results of a BPC 25631 Conviction
An individual convicted of selling alcohol between 2:00 A.M and 6:00 A.M. can face the following penalties:
- Fines of Up to $1,000
- Jail Time of Up to Six Months
BPC 25631 is considered a misdemeanor level offense in California. This means that, in some cases, the judge may decide to sentence an individual to misdemeanor probation instead of jail time.
Defenses for BPC 25631 Accusations
You may be able to build a legal defense if you were accused of selling alcohol between 2:00 A.M and 6:00 A.M. in California. A criminal defense lawyer in Los Angeles can review your case, assessing your unique legal situation. Based on your situation, a lawyer could argue that:
You Weren’t Operating an On- or Off-Sale Premise When You Sold Alcohol
BPC 25631 charges apply only to on- or off-sale premises in California. This means that if you sold a friend a bottle of beer in your house at 3:00 A.M., you shouldn’t face a conviction for selling alcohol between 2:00 A.M and 6:00 A.M.
You Were Falsely Accused of Selling Alcohol Between 2:00 A.M. and 6:00 A.M.
False accusations are not unheard of in the court system around California. If you were accused of selling alcohol outside of accepted hours and you did not violate BPC 25631, your lawyer can work to demonstrate your innocence.
Get Professional Help for Charges of Selling Alcohol Between 2:00 A.M. and 6:00 A.M.
You can reach out to the Simmrin Law Group if you were accused of violating California Business and Professions Code Section 25631: Selling Alcohol Between 2:00 A.M. and 6:00 A.M. Our team of Los Angeles criminal defense lawyers can begin building your case as soon as you call (310) 997-4688 or fill out our online contact form.
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