Establishments that sell alcohol have to adhere to certain legal requirements in California. There are regulations regarding when alcohol may be sold, how it may be sold, and even the individuals who can be allowed to remain in a business.
Business owners can face criminal charges if they allow certain forms of loitering. This act is prosecuted under California Business and Professions Code Section 25657(b): Allowing Loitering to Solicit Alcohol from Patrons.
You can find out more about BPC 25657(b) right here with the professionals at the Simmrin Law Group. Consider the repercussions for a conviction and go over other charges related to the sale of alcohol in California.
Loitering to Solicit Alcohol from Patrons
BPC 25657(b) forbids owners of on-sale premises from allowing individuals to loiter in or around their business to:
- Beg or Solicit Patrons, Customers, or Visitors
- Into Buying Alcohol Beverages
The individual doing the soliciting must be trying to acquire the alcoholic beverages for personal consumption for BPC 25657(b) charges to apply. If an individual is trying to convince others to buy alcohol for themselves, the business could face different criminal charges.
We mentioned that BPC 25657(b) charges apply to on-sale premises. In California, an on-sale premise is a business that sells alcohol – including distilled spirits, beer, or wine – in order for that alcohol to be consumed in the business. A bar or club would be an on-sale premises example.
Charges Similar to Allowing Loitering to Solicit Alcohol from Patrons
There are several other charges tied directly to the solicitation of alcohol. Individuals who loiter to try to solicit alcohol can be prosecuted under California Penal Code Section 303(a): Soliciting Purchase of Alcohol.
A business that directly hires or pays someone to solicit the sale of alcohol – instead of just allowing someone to loiter and solicit alcohol – could face charges under California Business & Professions Code Section 25657(A): Soliciting Sale Of Alcohol.
Examples of BPC 25657(b) Violations in California
Man A operates a bar that hasn’t been very busy lately. A few young women begin coming in to linger around the bar, asking people to buy them drinks. He knows he should send them away because they never buy drinks of their own. But their requests are increasing his business, so he allows them to stay. He could face charges under BPC 25657(b).
Man B owns a nightclub and is getting frustrated. A pair of women keep trying to get in. Once they arrive, they beg everyone they can see to get a drink. He tells them to leave repeatedly, but they continue to return. He shouldn’t be charged under BPC 25657(b), since he is attempting to prevent them from loitering. Depending on the situation, they could end up facing trespassing charges.
Penalties for Allowing Loitering to Solicit Alcohol from Patrons
The court system in California prosecutes BPC 25657(b) charges as a misdemeanor. This means that allowing loitering to solicit alcohol from patrons is a criminal act that can lead to the following penalties:
- Jail Time of Up to Six Months
- Fines of Up to $1,000
You should also be aware that, in some cases, a conviction under BPC 25657(b) can lead to the revocation of a business owner’s license to sell alcohol. This can, understandably, impact an individual’s life and career.
Legal Defenses for BPC 25657(b) Accusations in California
You can focus on building your case if you are accused of allowing loitering to solicit alcohol from patrons. Take charge right away by contacting a criminal defense lawyer in Los Angeles. A legal professional could build your defense by showing that:
You Did Not Know Anyone Was Loitering to Solicit Alcohol
It can be difficult for you to keep track of everything that’s going on in your business. If someone entered your bar or nightclub and solicited a few drinks without your knowledge or approval, you could be able to avoid a BPC 25657(b) conviction.
You Were Not Operating an On-Sale Premise
You may remember that BPC 25657(b) charges should only apply to on-sale premises, such as nightclubs and bars. If someone solicits the sale of alcohol outside of your liquor store, you may not be charged under BPC 25657(b).
Get Help Dealing with BPC 25657(b) Charges Today
You can immediately increase the odds that you will beat a California Business and Professions Code Section 25657(b): Allowing Loitering to Solicit Alcohol from Patrons charge. Just contact a Los Angeles criminal defense lawyer to get professional help. You can reach the Simmrin Law Group by completing our online contact form or calling (310) 997-4688.
We are here to go over the facts surrounding your case with a FREE consultation.