Businesses like bars and nightclubs are designed to sell alcohol to customers and this action is not necessarily against the law. However, directly trying to convince people to buy alcohol beverages can lead to criminal charges under California Business and Professions Code Section 25657(a): Soliciting Sale of Alcohol.
Review the uses of BPC 25657(a) with the Simmrin Law Group right here. You can go over the penalties for a conviction for soliciting the sale of alcohol with this article. You can even focus on possible legal defenses to BPC 25657(a) charges.
Soliciting the Sale of Alcohol: Legal Definition
We mentioned that businesses throughout California are allowed to sell alcohol. This action only becomes a criminal act if an on-sale premises:
- Hires Someone That Directly Solicits the Sale of Alcohol Beverages OR
- Pays Someone a Commission to Sell Alcohol Beverages
Note that California has a set definition of on-sale premises. Any business that sells distilled spirits, wine, and beer to be consumed on-site can be considered an on-sale premise. Nightclubs and bars are examples of on-sale premises in California. A liquor store would not be an on-sale premise.
Soliciting the Sale of Alcohol: Examples
Focus on strengthening your understanding of BPC 25657(a) charges by considering the following examples:
Man A runs a local bar and wants to increase his sales. He decides to hire a few attractive women who will solely focus on trying to convince other patrons to buy drinks. He could be charged with soliciting the sale of alcohol due to this decision.
Man B operates a nightclub. He employs several bartenders who offer advice when people come up to order drinks. However, these employees also have many different responsibilities. Therefore, he should not be convicted under BPC 25657(a).
Man C is the owner of a liquor store. He sometimes encourages people who come into his store to buy alcohol. He can even get aggressive about his suggestions in some circumstances. However, he doesn’t operate an on-sale premises so he can’t be charged with soliciting the sale of alcohol in the state of California.
Soliciting the Sale of Alcohol: Similar Charges
The court system throughout California contains a number of charges designed to govern the sale and usage of alcohol. This can include:
- California Business and Professions Code Section 25603: Bringing Intoxicants into A Penal Institution
- California Business and Professions Code Section 25608: Alcoholic Beverages At A Public Educational Facility
- California Business and Professions Code Section 25631: Selling Alcohol Between 2:00 A.M. and 6:00 A.M.
- California Business and Professions Code Section 25657(B): Allowing Loitering to Solicit Alcohol From Patrons
Individuals can also be charged with criminal activity for the sale of drugs throughout California.
Soliciting the Sale of Alcohol: Penalties for a Conviction
Businesses that participate in soliciting the sale of alcohol can end up facing misdemeanor charges in California. The results of a BPC 25657(a) conviction can include:
- Fines: Up to $1,000
- Jail Time: Up to Six Months
A period of probation may be handed down instead of a jail sentence in soliciting the sale of alcohol cases.
Soliciting the Sale of Alcohol: Legal Defenses
A criminal defense lawyer in Los Angeles can help you handle BPC 25657(a) charges the right way. It’s important that you get help quickly if you are charged with soliciting the sale of alcohol. A legal professional can go over all of your options and may be able to help build your defense by showing that:
You Weren’t Engaged in Directly Soliciting the Sale of Alcohol
BPC 25657(a) charges should only apply if an individual is hired solely to try to convince customers to buy alcoholic beverages. Wait-staff, bartenders, and hosts are allowed to make suggestions regarding the sale of alcohol as long as they have other duties in a business.
You Aren’t Operating an On-Sale Premises
You should only face charges for soliciting the sale of alcohol if you are working in an on-sale premises. This means that you should not be convicted under BPC 25657(a) if you work in a liquor store or another off-sale premises.
Speak with a Legal Professional About BPC 25657(a) Charges
Building a defense for California Business and Professions Code Section 25657(a): Soliciting Sale of Alcohol can help you avoid fines and incarceration. Start working on your case now by contacting the Simmrin Law Group to get a FREE case evaluation.
Reaching our criminal defense lawyers in Los Angeles is easy. Just call (310) 997-4688 or fill out our online contact form to get started.