Minors in the state of California are not legally allowed to consume alcohol beverages. In fact, individuals under 21 are not even allowed to enter an on-sale premises without facing legal charges. California Business and Professions Code Section 25665: Permitting Minors in On-Sale Establishments can be used to prosecute individuals who disregard this ruling.
BPC 25665 charges can apply to both business owners and minors. You can find out more about the penalties for this charge and some legal defenses right here with the Simmrin Law Group. You can even review other charges used to prosecute underage drinking in California.
Defining BPC 25665 Charges in the State of California
According to BPC 25665, the following individuals or businesses may be prosecuted for permitting a minor in an on-sale establishment:
- The business that allowed the minor in the establishment and
- The minor that entered the establishment.
Note that minors may enter an on-sale premises if they have lawful business to complete. Otherwise, entering such a business is considered a criminal act.
Defining an On-Sale Establishment in California
Not every business that sells alcohol is an on-sale establishment in California. On-sale establishments are locations that sell alcohol to be consumed on-site. This means that bars and nightclubs are on-sale establishments. A liquor store would not qualify as an on-sale establishment under California’s legal codes.
Going Over Charges Similar to BPC 25665 in California
California can harshly punish minors who consume alcohol and businesses that sell or furnish minors with alcohol. There are a number of other legal codes specifically designed to address underage drinking in the state. These laws can include:
- California Business and Professions Code Section 25661: Minor Possessing or Presenting a Fake ID
- California Business and Professions Code Section 25662: Minor in Possession of Alcohol
- California Business and Professions Code Section 25657(a): Soliciting the Sale of Alcohol
- California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21
Considering Examples of Permitting a Minor in an On-Sale Establishment
You can improve your understanding of BPC 25665 charges by going over these examples:
Man A is 18, but he wants to go out with his friends to a new nightclub. He manages to convince the bouncer to allow him into the club. He could be convicted under BPC 25665. The individuals in charge of the nightclub could also face charges for permitting a minor in an on-sale establishment.
Man B works for a beverage delivery company. He is in charge of delivering kegs to different restaurants and bars in the area. He must enter bars to complete his job. He should not be charged under BPC 25665 because he has a lawful reason to enter an on-sale establishment.
Focusing on the Penalties for a BPC 25665 Conviction
The penalties for allowing a minor in an on-sale establishment can vary. This charge is always treated as a misdemeanor in California’s court system. The penalties for a business convicted of a BPC 25665 violation can include:
- Fines of up to $1,000 and
- Jail time of up to six months.
A minor who is convicted under BPC 25665 can face fines of up to $200. Note that a minor and a business can both be charged with a BPC 25665 violation for the same action.
Considering Legal Defenses for Allowing a Minor in an On-Sale Premises
A Los Angeles criminal defense lawyer can help you build a strong defense if you are accused of violating BPC 25665. You can get help protecting your future by contacting a legal professional as soon as you are accused of a criminal act. Your lawyer could show that:
You Were Not in an On-Sale Establishment
BPC 25665 charges should only apply if a minor was allowed to enter an on-sale premises. This means that a BPC 25665 charge should not be used if a minor enters a liquor store, or another business that sells alcohol without intending that it be consumed on-site.
You Were in an On-Sale Establishment to Conduct Lawful Business
Minors are permitted to enter an on-sale establishment if they have lawful business to conduct inside. For example, a minor working to deliver food or other necessary supplies to the business would not be prosecuted under BPC 25665.
Getting Professional Help Handling BPC 25665 Charges
You do not have to try to handle California Business and Professions Code Section 25665: Permitting Minor in On-Sale Establishment charges on your own. The Simmrin Law Group is standing by to help you right now. You can get the legal support you need right away by calling us at (310) 997-4688 or completing our online contact form.
Let our criminal defense lawyers in Los Angeles start constructing your defense right now with a FREE initial case evaluation.